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11-27-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 27, 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; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None. B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of November 13, 2017 B. Approval of the Verified Claims List C. Approve Memorandum of Understanding between the City of Shorewood and AFSCME regarding the 2018 contract reopener. D. Approving Revised ORDINANCE NO. 549, "An Ordinance of the City of Shorewood Implementing a Natural Gas Service Franchise Fee for Providing Natural Gas Service within the City of Shorewood, Hennepin County, Minnesota" and Adopting RESOLUTION NO. 17 -100, "A Resolution Approving the Publication of Ordinance 549 by Title and Summary." E. Adopting RESOLUTION NO. 17 -101, "A Resolution Approving Assessment for 21986 Bracketts Road, Shorewood." F. Adopting RESOLUTION NO. 17 -102, "A Resolution Accepting Donations to the City of Shorewood 2018 Arctic Fever Event." G. Approve Regular Full Time Appointment of Light Equipment Operator CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 2 of 10 H. Approve Regular Full Time Appointment of City Clerk and Planning Director Councilmember Labadie noted that the American Legion Post #259 made a $200 donation, Mediacom a $100 donation, RedFin a $75 donation, and Clarence Clofer Auxiliary Unit 259 a $150 donation to the 2018 Arctic Fever event. The City greatly appreciates the donations. Motion passed 510. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING A. Vacate a Portion of Drainage and Utility Easements Applicant: Jack and Gretchen Norqual Location: 27964 & 27968 Smithtown Road Mayor Zerby opened the Public Hearing at 7:03 P.M Director Darling explained that Schroeder Management, on behalf of Jack and Gretchen Norqual, has requested the vacation of standard drainage and utility easements for the property located at 27964 Smithtown Road. The property is located near the intersection of Smithtown Road and Virginia Cove. This request is related to Item 7.0 on the agenda which includes a request to adjust the lot line between the 27964 and 27968 Smithtown Road properties which are both owned by the Norquals. The lot line adjustment would provide the land locked parcel (the 27968 property) with enough land to have a separate driveway access to Smithtown Road. A small portion of the 27968 property would be transferred to the 27964 property. If the lot line is adjusted the existing easements would remain in their current location unless they are vacated by Council. If the easements are not vacated each of the two properties would end up with easements that have no purpose. If Council approves the vacation of the existing easements the easements would be rededicated when Item 7.0 is approved. Darling noted that staff recommends approval of the vacation of easements. Michael Schroeder, with Schroeder Mana ement, noted he was hired by the Norquals to help them through this process. He stated the existing easements would be vacated off of one plat and then reinstalled on the new plat to follow the new property line. Councilmember Sundberg asked if any of the Norquals' neighbors have a concern with what has been proposed. Mr. Schroeder stated a letter was sent to the neighbors and no objections were received. Seeing no one present to comment on the case, Mayor Zerby opened and closed the Public Testimony of the Public Hearing at 7:08 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 3 of 10 Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 17 -103, "A Resolution Vacating Drainage and Utility easements for 27964 Smithtown Road." Motion passed 5/0. Mayor Zerby closed the Public Hearing at 7:09 P.M. 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Report by Commissioner Davis on the November 7, 2017, Planning Commission Meeting Planning Commissioner Davis reported on matters considered and actions taken during the November 7, 2017, Planning Commission meeting (as detailed in the minutes of that meeting). B. Planned Unit Development Amendment Regarding Signage Applicant: Shorewood Landing Senior Living Location: 6000 Chaska Road Director Darling explained that KTJ 285, LLC has requested an amendment to the Shorewood Landing Senior Living Planned Unit Development (PUD) in order to add two additional wall signs. One would be located near the northeast corner of the building. The other would be located over the main entrance into the building. Two other signs had previously been approved as part of the permit. One sign is installed on the west side of the building. The other is a free - standing sign and it is installed on the berm adjacent to Chaska Road. Staff and the Planning Commission concluded that the sign proposed for the northeast corner of the building would provide some wayfinding assistance and that the sign proposed for over the main entrance would not be as effective. The Commission ultimately recommended approval for one additional sign for the corner of the building subject to the conditions listed in draft resolution. The conditions include obtaining permits for the signage and prohibiting illumination of the wall sign. Darling noted the Planning Commission did receive one letter which expressed opposition to the request. Two residents living along Chaska Road spoke during the public hearing for this request and expressed their concerns about traffic volumes and speeds on Chaska Road. Councilmember Sundberg asked if the primary concern about the sign proposed over the entry was that it would just grant extra branding. Director Darling confirmed that. Sundberg then asked what the concern is about extra branding. Darling explained that originally the applicant had stated the additional signs were proposed for wayfinding. The sign above the entrance would not be visible until someone was in front of it. Councilmember Johnson explained the Planning Commission thought that the existing sign on top of the berm which is visible from Highway 7 provides sufficient branding and wayfinding and that the one proposed for over the entry would not provide wayfinding. Sundberg went on to ask if the signage proposed for over the entry would be obtrusive to residents in the area. Darling responded no. Director Darling stated she does not recommend illuminating the wall signs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 4 of 10 Councilmember Johnson stated the Planning Commission had discussed that people that would see sign proposed for over the main entry would be residents. That sign would not be able to be seen until after turning on to the site. Councilmember Siakel inquired why the applicant wanted a total of four signs. Shannon Rusk, with Oppidan Investment Company, explained the rationale for the additional sign for on the corner of the building was for wayfinding. During the construction process there was a lot of traffic to and from the site and many drivers would turn their vehicles around on residents' driveways. The rationale for the second additional sign was for branding and for aesthetics. Mayor Zerby asked if there are any entrance /exit signs at the driveway on the site. Ms. Rusk stated there currently are none. She explained the driveway is wide enough to support ingress and egress traffic. Zerby then asked if there is, for example, a sign directing drivers to the receiving area. Ms. Rusk responded no and noted there is an underground parking garage. Zerby noted that he agreed with the Planning Commission's recommendation to approve just one additional sign. He stated he does not think the lack of signage over the main entry would be problematic. Councilmember Sundberg stated that she thought the signage proposed over the entry would be aesthetically pleasing. She personally did not have issue with allowing both additional signs. Councilmember Siakel expressed her support for the Planning Commission's recommendation for just one additional sign. Councilmember Johnson stated there is another way to have a sign near the entry (e.g.; there could be etching on the door. He expressed his support for the Planning Commission's recommendation. Councilmember Labadie expressed her support for the Planning Commission's recommendation as well. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 17 -104. `A Resolution Granting an Amendment to the Shorewood Senior Living Planned Unit Development Located at 6000 Chaska Road" as outlined by the Planning Commission. Motion passed 5/0. C. Preliminary and Final Plat and Lot Width Variance - Norqual Addition Applicant: Michael Schroeder (representing Jack and Gretchen Norqual) Location: 27964 and 27968 Smithtown Road Director Darling explained Schroeder Management, on behalf of Jack and Gretchen Norqual, has requested approval of the preliminary and final plat and a lot width variance for the Norqual Addition on the Norquals' properties located at 27964 and 27968 Smithtown Road. The subdivision is related to the vacation request for Item 4.A on the agenda. The applicant has proposed a lot line adjustment to allow both properties to have a separate access to Smithtown Road. After the proposed transfer of land the width of the 27968 property would be 50 feet at the front setback which is short of the 120 -foot requirement thereby necessitating a lot width variance. If approved the new driveway and water service would be provided to the 27968 property. Darling noted staff and the Planning Commission recommend approval of the request. She also noted no members of the public requested to speak during the public hearing for this item. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 5 of 10 In response to a question from Mayor Zerby, Director Darling explained no changes are proposed to the existing driveway on the 27964 property. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 17 -105. `A Resolution Approving Preliminary and Final Plat and Variance for Norqual Addition Located at 27968 and 27964 Smithtown Road." Motion passed 510. D. Side Yard Setback Variance Applicant: William and Melanie Keegan Location: 25830 Birch Bluff Road Director Darling explained that William and Melanie Keegan, 25830 Birch Bluff Road, have requested a side yard variance to place an air conditioner within the 10 -foot side yard setback. The Zoning Code specifically states that air conditioning equipment may not be located less than 10 feet from the side property line. The proposed location for the conditioner is directly opposite of the Keegans' neighbors' two air conditioners and generator. The applicants have chosen a quieter air conditioner in order to avoid raising concerns with their neighbors. The applicants believe that by clustering all of the equipment in one area it would reduce noise along the rest of the property line. She noted staff determined that the applicants had met the findings for the variance and recommends approval and that the Planning Commission unanimously recommended approval. She then noted the Commission had received two letters of support for the application; one from the owner of the adjacent property and the other from the owner of a property several properties away. Darling showed photographs of the area where the neighbors' mechanical equipment is located and the proposed location for the applicants' air conditioner. William Keegan, 25830 Birch Bluff Road, expressed his appreciation for Council considering their application. He stated their neighbors' immediately next door support the location that has been proposed; the neighbors did not want it to be located on the lake side. He clarified that the other property owners that wrote a letter of support live three properties dawn from theirs. He had not solicited a letter from then. He stated he and his wife believe the location they proposed is the best. He noted their old home used to be located four feet from the side property line and the new one is located 10 feet from the side property line. Their lot is only 60 feet wide. Councilmember Johnson commented that it was unfortunate that this was not included with the applicants' 2016 application for variances for the redevelopment of their nonconforming lot. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17 -106. `A Resolution Granting a Setback Variance for William and Melanie Keegan for Property Located at 25830 Birch Bluff Road." Motion passed 510. E. Front Yard Setback Variance Applicant: Channing and Jessica Scott Location: 5915 Galpin Lake Road Director Darling explained that Charming and Jessica Scott, 5915 Galpin Lake Road, have requested a front yard setback variance so they can build a second story addition on their home and attached garage. The property is located along Galpin Lake and Galpin Lake Road. The existing garage was constructed with a front setback of 25.1 feet rather than the required 35 feet. The Zoning Ordinance does require that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 6 of 10 a nonconforming single - family house can only be expanded if the expansion does not increase the nonconformity. Adding a second story to a nonconforming structure would expand the nonconformity. Therefore, a variance is required for the expansion. The proposed new living area over the garage would be for a parents' suite for their aging parents. The addition was designed to improve the appearance of house from the street. Staff determined the applicant met some of the variance standards better than others. The increase in height would not cast a shadow over another property. There are a wide variety of setbacks of the houses along the street. What has been proposed would not negatively impact the neighborhood. But, it would increase the nonconformity. Darling noted the Planning Commission voted to recommend approval of the request. One of the four Commissioners in attendance opposed it. Councilmember Sundberg stated she thought what has been proposed would be a very nice enhancement. Councilmember Johnson provided some context for the no vote by one Planning Commissioner. He stated there was concern that approving this application could potentially establish precedent for increasing nonconformity. He noted Director Darling had explained that from her vantage point each variance is unique on its own and people should not take what has been approved for one variance application and automatically apply it to another variance application. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 17 -107. `A Resolution Granting a Setback Variance to Channing and Jessica Scott on Property Located at 5915 Galpin Lake Road." Motion passed 510. 8. ENGINEERING/PUBLIC WORKS A. Agreement to Purchase Jet Vac Sewer Truck Director Brown explained Shorewood currently owns a vacuum trailer and a jetter trailer. Those units are used to clear obstructions in the sanitary sewer system. During his 25 -year tenure with Shorewood the Cities of Excelsior and Tonka Bay have jointly owned and operated a jet /vac sewer truck. Excelsior and Tonka Bay are going to replace their truck. Shorewood staff had asked the other two cities if Shorewood could participate in that joint purchase of a new truck. The Public Works Director /Superintendents drafted a Joint Purchase Agreement (the Agreement). The Cities' Attorneys have reviewed and revised it. The Agreement stipulates that each city will pay one -third of the total purchase cost. It also stipulates that Tonka Bay will perform the administrative tasks. Tonka Bay will be compensated for its staff s time to do that; it will invoice the other two cities semiannually. The cost for those services should be minor. Excelsior will store the new jet/vac truck. Each city will have access to the stored unit around the clock. Shorewood and Tonka Bay will each pay Excelsior $100 a month for storage costs. That will also help pay for the cost of the modifications (e.g.; a larger door) Excelsior will have to make to its storage unit to accommodate the new truck. There are provisions in the Agreement regarding disposal of the equipment once it reaches its maturity date. The total purchase cost of the equipment is $353,998. Each of the three cities will pay one -third (or approximately $117,996) of that cost. Shorewood would get a $25,000 credit for the trade in of its two pieces of existing equipment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 . Page 7 of 10 Brown noted that staff recommends approval of the Agreement. Mayor Zerby stated keeping the sanitary sewer system properly maintained and functioning is extremely important. He asked if the new truck would be fully utilized by the three cities or would there be an opportunity to bring a fourth city into the joint purchase and use of the truck. Director Brown stated the three cities would max out the use of the truck. Zerby asked if there would be a scheduling calendar for planned use of the truck. Brown responded yes. Brown explained it is likely Shorewood will use the truck more because it has more sewer pipe than the other two cities. Shorewood tries to maintain one -fifth of its system annually as required by its insurance carrier. Each city understands that if there is an emergency in one city that city can use the equipment to address the problem and then return it to which ever city had been using it. Councilmember Johnson asked how prioritization of use would work if there was, for example, a storm that causes problems in the three cities. Director Brown stated it is going to be up to the Public Works Director /Superintendents to work that out; they have worked together cooperatively in the past. Councilmember Siakel asked how many people are licensed to operate that type of truck. Director Brown stated all of Shorewood's light equipment operators are licensed to drive that truck. Mayor Zerby asked if the jet /vac equipment replacement is planned for in the Capital Improvement Program (CIP). Director Brown stated it is slated for replacement in the 2018 CIP. Brown noted it will take about three months to build out the new truck once it has been ordered and clarified that the funding would come out of Sanitary Sewer Fund. Councilmember Sundberg asked what the condition is of Shorewood's existing two trucks and what their trade -in value is. Director Brown explained the problem of Shorewood's equipment not being strong enough to clear an obstruction is becoming more common. The proposed jet /vac truck will have more power than Shorewood's trailered units. Shorewood's jetter unit (it clears the pipe) was purchased as a used demo unit 15 to 20 years ago and its service life has about reached the end. The vacuum unit is fairly new but it does not have the power that is needed. He reiterated Shorewood will receive a combined $25,000 trade - in credit for its two units. He thought that credit is fair. Councilmember Sundberg asked if weather events create emergency needs for jet /vac equipment. Director Brown clarified the main use of (about 80 percent) the jet/vac equipment is for preventative maintenance. It will also be used to help clean out debris in sump catch basins. He stated the most recent emergency Shorewood had with its sanitary sewer system was an obstruction caused by a mop head. He then stated if there is a failure of a Metropolitan Council Environmental Services (MCES) lift station that could affect a wide area and that is up to MCES to fix. Mayor Zerby stated he recently heard that pouring cooking grease down a drain can clog the sewer pipes. He suggested putting something on the city's website or publishing it in the newsletter encouraging residents not to do that or other things that could clog the pipes. Director Brown stated the biggest sanitary sewer system obstruction issue nationwide is caused by things like flushable wipes. He explained that on some products the packaging states those products are flushable when in reality they can jam up a wastewater pump quickly. The City Engineers Association CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 8 of 10 and the Public Works Association have attempted to get legislation changed to address that issue. He agreed that an education piece on the website would be helpful. Councilmember Johnson noted he supports Shorewood making an effort to try and educate people about what should not be flushed into or drained into the sanitary sewer system and why. Johnson asked what type of signage would be placed on the new jointly owned jet /vac truck and should that be specified in the Agreement. Director Brown stated that in the past Excelsior and Tonka Bay routinely had both their names on the truck. He assumed all three cities will have their name on the new truck. Director Brown acknowledged that this opportunity is an example of how the three cities can work together cooperatively to the benefit of all three. Councilmember Siakel stated she fully supports moving forward with this. She expressed her pleasure with how it is working out. Director Brown noted the Excelsior City Council approved the Agreement on November 20. Siakel moved, Johnson seconded, approving the Joint Purchase Agreement between the City of Tonka Bay, the City of Excelsior and the City of Shorewood for the cooperative purchase and use of public works equipment. Motion passed 510. 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted the meeting packet contained a copy of the October 2017 Monthly Budget Report. Administrator Lerud stated he thought the Interim Finance Director's memorandum included in the meeting packet was self - explanatory. He noted that year -to -date licenses and permits exceeded the budgeted amount by about 10 percent and General Fund expenditures are up about 2.6 percent. The Budget appears to be on track. Other Director Brown stated the two speed awareness display signs along Country Club Road are both functioning correctly. He then stated the South Lake Minnetonka Police Department (SLMPD) Chief of Police has conducted one speed survey along Mill Street and second will be conducted on November 28 at the other end of the corridor. Mayor Zerby stated it is his understanding that that the flashing stops signs will be put up that week at the Country Club Road and Lake Linden Drive intersections with Yellowstone Trail. Engineer Fauske confirmed that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 9 of 10 Director Brown stated that the contractor has stabilized the site for Badger Park in preparation for snow. He explained the ball field lights will continue to stay on later than normal until the new parking lot lights are installed. Mayor Zerby asked when the warming house in Badger Park will be demolished. Director Brown stated per the contractor it will not be demolished until spring 2018. Zerby stated it needs to be secured noting that a number of windows are broken. Brown stated Public Works intends to board the windows up. Administrator Lerud stated reroofing of the Southshore Center had been started the previous week; the contractor hopes to finish it by the end of the current week. He then stated he had received estimates back from contractors for the cosmetic changes that need to be made to the Center. His goal is to bring that information to Council along with a budget and work plan in December. B. Mayor and City Council Councilmember Labadie asked Administrator Lerud if he had received any feedback from Minnesota Representative City Pugh about concerns brought up to her by Council. Lerud noted he had not. Labadie explained that during a September 25, 2017, work session Council met with Representative Pugh who is a representative for Shorewood at the State Legislature. During that work session Council raised several issues including but not limited to: 1) aquatic invasive species (AIS) — specifically Eurasian watermilfoil, curl leaf pondweed and zebra mussels; 2) the lack of stoplights from the intersection of Smithtown Road /Rolling Acres and Highway 7 to the intersection of Highway 7 and Highway 41; and, 3) pan handling and begging done by people who stand in the County /State Highway right -of -way (ROW) near the intersection of Highway 7 and Highway 41. The City has been told that it cannot do anything about the pan handlers because they stand in the State median /ROW. During the work session Representative Pugh told Council that this was a wonderful time of the year to address those issues because the Legislature was not in session and that she would be happy to look into those issues. During Council's October 9, 2017, regular meeting Administrator Lerud was asked if the City had heard back from Representative Pugh and Council learned the City had not. On October I 1 Lerud, on behalf of the City of Shorewood, sent a follow up letter to Representative Pugh. During Council's October 25 regular meeting Lerud was asked if Representative Pugh had responded to his letter and Council learned she had not. Labadie noted the City needs to rely on Representative Pugh to bring the City's concerns forward to the State Legislature. Therefore, she intends to continue to pursue Representative Pugh until she addresses the issues that were presented by Shorewood's elected officials; valid issues raised by Shorewood residents. She stated she considered Representative Pugh's lack of follow through to be in complete disregard of the residents. She then stated she thought the lack of stoplights on that section of Highway 7 as well as the vagrancy and begging being done in the median can impact safety. And, AIS is on everyone's mind. She intends on continuing to update the residents on the response or lack thereof from Representative Pugh. Councilmember Sundberg suggested Council invite Representative Pugh to come back before Council to address those same issues. She also suggested those same issues be conveyed to Shorewood's representative to the Minnesota Senate. Councilmember Labadie thanked Administrator Lerud for continuing to voice Council's concerns to Representative Pugh. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 27, 2017 Page 10 of 10 Councilmember Sundberg noted she had attended the most recent meeting on Hennepin County Comprehensive Plan. She stated some progress has been made on that Plan but not enough to report back to Council on it. She has been trying to bring some focus to the smaller outer ring cities' issues. In the past the focus has been mainly on inner cities' issues. She then stated she thought the League of Minnesota Cities (LMC) annual meeting was scheduled for November 29, 2017, and noted that she planned on attending it. Mayor Zerby noted that on November 14, 2017 he attended a Lake Minnetonka Association (LMA) meeting hosted as a mayors' meeting. LMA Executive Director Eric Evenson and Patrick Selter, with PLM Lake and Land Management Corp., both presented about AIS control. He explained there was discussion about how effective the treatment of AIS has been in direct correlation to how it has been funded. Treatments have proven to be effective but they must be kept up with some degree of frequency. There was a short discussion about how to eliminate Eurasian watermilfoil from Lake Minnetonka but that would require substantial funding. He commented that only one other Lake Minnetonka area mayor attended the meeting; other cities had sent staff to the meeting. 11. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of November 27, 2017, at 8:06 P.M. Motion passed 510.