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01-31-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 31, 2018 (Rescheduled from JANUARY 22, 2018) MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Mayor Zerby called the meeting to order at 6:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Administrator Lerud; City Clerk Thone; Interim Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: City Attorney Keane 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. Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of January 8, 2018 B. City Council Regular Meeting Minutes of January 8, 2018 C. Approval of the Verified Claims List D. Appointment of Administrative Hearing Officers E. Approval of Utility Assessment Motion passed 510. 3. MATTERS FROM THE FLOOR Michael Blomquist 5425 Grant Lorenz Rd stated he is proposing that the City change the designation of the Grant Lorenz fire lane from a Class 1 to Class 2 to allow motorized vehicles. He stated that he doesn't feel Shorewood currently has a safe fire lane in order to access to the lake. He stated that he feels it is already a well -lit, maintained road and changing it from Class l to Class 2 would not cost the City any money and it would make sense for the residents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 2 of 8 Planning Director Darling stated she had received a number of calls from residents regarding fire lanes. She briefly reviewed the current ordinance, which divides fire lanes into three classifications. She noted that the current codes were adopted in 1986. Mr. Blomquist noted that a resident has posted homemade signs in the middle of the fire lane, as well as on the lake, that state "No Motorized Vehicles ". He did not think it was legal to post signs on City owned property. Planning Director Darling suggested the Council refer this issue to a study session at a future Council meeting, to allow for a more thorough discussion. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Commission Service Recognition Awards: Robert Bean, Planning Commission; Janet Sylvester, Planning Commission On behalf of Council and the residents of Shorewood, Mayor Zerby thanked Janet Sylvester and Robert Bean for their service to the City. He noted that Robert Bean was unable to attend tonight's meeting. He presented a clock to Ms. Sylvester honoring her for her time serving the City on the Planning Commission. There was a round of applause for Ms. Janet Sylvester. Ms. Sylvester stated that she appreciated the opportunity to serve on the Planning Commission and that her reason for stepping down was simply because her children needed her in this time of their lives. She stated that when that time passes, she would love to step back in and become more involved again. She stated that her past year working with the City has given her great comfort that the City is in good hands and she has been impressed across the board from the Council to staff. 6. PARKS 7. PLANNING A. Report by Chair Maddy on January 16, 2018 Planning Commission Meeting Chair Maddy stated that all five Commissioners were in attendance and reviewed the recommendations the Planning Commission made to the Council. He noted that the Planning Commission will miss the two members, Janet Sylvester and Robert Bean, that are leaving. B. Amendment of Zoning and Subdivision Application Requirements; and Land Use Fee Ordinance Planning Director Darling noted that staff had been looking at application fees and escrows to ensure they are adequate to cover costs. She reviewed the recommended housekeeping changes for the Council. The first is a change of practice regarding mailing labels because of changes within Hennepin County which will no longer be certifying the mailing addresses or creating labels. Planning Director Darling stated they are recommending that staff take over mailing labels. The second change is modifying the time allowed between submissions of application and the date of public hearings. They are still bound by State statutes, but would allow more time for staff to work with applicants before the Planning Commission meetings. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 3 of 8 She stated one other thing that she could like the Council to discuss is the distance in which mailing labels are sent out, especially with more controversial applications. She stated that Council had discussed this at a prior work session and decided that 500 feet was adequate but, there may be times when greater distance might make more sense. Mayor Zerby noted that the subdivision sketch review fee remains the same at $200 and questioned the reasoning behind that recommendation. Planning Director Darling stated that this fee was left as is because it does not involve a notice process and is merely bringing it to the Council for an initial comment. Zerby moved, Sundberg seconded, Adopting ORDINANCE NO. 550 "Ordinance Amending City Code Section 1301. 03 related to Land Use Fees, Sections 1201.04, 1201.05, and 1201.25 (Zoning Regulations) and Sections 1202.03 and 1202.09 of the Subdivision Regulations." Motion passed 510. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 18 -007, "A Resolution Approving the Publication of Ordinance No. 550 by Title and Summary." Motion passed 5/0. 8. ENGINEERING/PUBLIC WORKS A., Receive Feasibility Report for Reconstruction on Streets Engineer Fauske reviewed the proposed street improvements, including: Mann Lane; Shorewood Lane: Riviera Lane and Maple Street. The feasibility study also includes examination of extending a trail from the existing end of Country Club Road, south to Yellowstone Trail and from there to Lake Lindon Drive. She explained that a resident has also petitioned to install watermain along Riviera Lane and 10 of the 14 residents support it. She stated that if the Council would like to include the watermain, it will have to be added into the feasibility study because it was not included, as prepared. She stated that staff would work with City Attorney Keane to ensure that it is added properly. Mayor Zerby asked if a neighborhood meeting has taken place yet. Engineer Fauske stated that there was a neighborhood meeting in December and there was good turnout. The general consensus of the project was that the streets did need work and the petition from the residents shows that there is support of watermain for that area. Mayor Zerby stated that it appears that there are about 12 trees in the public right of way that will need to be removed as part of this project. Engineer Fauske noted these details will be determined during the final plans and specifications if the Council decides to move ahead with the project. Mayor Zerby stated he would like to have a dialogue about the potential impact of the trees coming down before the project commences. It may not change the outcome, but he would at least like to see an open dialogue. Director of Public Works Brown stated that it was great to see residents unified in a desire for City water, but, another positive aspect to this project would be getting the watermain that serves Cub Foods looped, because it would add great benefit to the City. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 4 of 8 Engineer Fauske reviewed the proposal for Shorewood Lane, Mann Lane and Maple Street. She stated that staff is recommending putting the Maple Street project on hold at this time because of possible development on the vacant property. Staff feels it would be better suited to be considered in conjunction with a project on Lake Lindon Drive. Engineer Fauske then reviewed the trail projects included in the feasibility study. She referred to two pictures she had captured from Google Maps that showed the difficulty in constructing atrail at Yellowstone and Country Club Rd. She stated that staff feels it may make more sense to consider trail improvements at the time when street improvements are made to Yellowstone Trail. Engineer Fauske presented the estimate of total costs and funding of the project of $3,324,900, but noted that excluding Maple Street and the trail improvements at Yellowstone brings the total cost to $1,667,100. She reviewed the preliminary project schedule with construction completed by September of 2018 and final completion by the spring of 2019. Mayor Zerby stated that the recommendations presented make a lot of sense and the only question before the Council is what they would like to do about the watermain issue. Engineer Fauske stated her recommendation to the Council is for approval of the resolution to authorize preparations for plans and specifications of Mann Lane, Shorewood Lane, and Riviera and provide staff direction from Council on whether to bring forward an amendment for the feasibility study to include anticipated costs for a watermain extension to service Riviera Lane. Councilmember Labadie noted she was leery of extending the construction into September when there may be an issue with school buses. She would prefer` to see a completion date of mid- August rather than September, if at all possible. Engineer Fauske stated that Riviera Lane and Shorewood Lane are both cut -de -sacs, so, school buses typically would not access those streets. She stated the City can contact the school districts transportation companies and find out if there are students that access those streets, so they City can work with them to ensure the students safety. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 18 -008, "A Resolution Receiving the Feasibility Report and Authorize Preparation of Plans and Specifications for Mann Lane, Riviera Lane and Shorewood Lane Street and Utility Improvements, City Project 17 -04, at an estimated cost of $1,667,100." Motion passed 510. B. Agreement for Jet -Vac Purchase Administrator Lerud explained that in November the City received a proposed joint powers agreement to cooperatively purchase and operate a sewer jet -vac truck with the cities of Tonka Bay and Excelsior. This was agreed to by Excelsior and Shorewood Councils and when it was sent back to Tonka Bay for their signature, they wanted some changes, made them, and approved the agreement based on those changes. He stated that, in his opinion, some of the changes are unacceptable and some are probably okay, but, the fact that they weren't negotiated and were simply sent back to the City in a "take it or leave it" manner, was not acceptable. He did not bring it before the Council at that time, but Tonka Bay has now formally requested that it be brought before the Council for consideration, as approved by Tonka Bay. He stated that he had told Tonka Bay that he would bring it before the Council but could not recommend the Council approve it, with the proposed changes. He recommended that the Council request that the staff of the three cities work CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 5 of 8 together to come up with an agreement that can be brought before the three Councils in a relatively quick timeframe. Mayor Zerby stated that this was disappointing since it had been thought to be all agreed upon and ready to go. He spoke to the Mayor of Tonka Bay last night about this issue. He stated that if Shorewood cannot get any forward momentum with all three cities, he would support moving forward in partnership with just Excelsior. Zerby moved, Labadie seconded, authorizing City staff to re -enter negotiations with the City of Tonka Bay and City of Excelsior, for a joint purchase of a Jet -Vac and if unsuccessful, to work with the City of Excelsior to form a new agreement for a purchase between Shorewood and Excelsior exclusively, on an expedited basis. Motion passed 5/0. C. Shorewood Lane Ravine Update Engineer Fauske reviewed the proposed project area and the erosion that exists in the area. She shared drone footage of the ravine that was taken by a colleague of hers that shows the condition of the ravine. She stated that if this project is approved, it will be completed before the Shorewood Lane road project. She stated she has contacted Excel Energy to inform them of the possible project should they want to also do any work on their infrastructure in this area as well. She reviewed the two options available, their costs, and the projected timeline which would have construction ending by July of 2018. Mayor Zerby stated that this presentation was excellent and commended the drone pilot for their skill in capturing the footage. He stated that drone footage made this area look like a magical place and he would like to preserve the trees as much as possible, so he prefers Option 2. Councilmember Labadie asked if Option 2 was more of a Band -Aid approach and Option I more of a permanent solution. Engineer Fauske stated both options will solve the issues that are causing the erosion through the channel currently. She stated that it is a matter of aesthetics for the finished product. Councilmember Sundberg asked if the trees that are already down will get cleared away as part of Option 2. Engineer Fauske stated that if they are within the channel, they will be removed because leaving them there may potentially change the flow and cause problems, but trees down that are not in the channel will be left alone, unless they cause problems for construction equipment accessing the area. She noted that it is a heavily wooded area, so there may need to be some tree removal done to allow access to the construction equipment. Councilmember Johnson stated he thought the City had a pile of excess fill sitting over at Public Works that was earmarked to be used for this project. Director of Public Works Brown noted that fill was tested and used for similar project on the north side of the Public Works ravine. He stated that there was a similar project along Apple Road and Stratford Place that used these same materials and it has been very effective. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 6 of 8 Zerby moved, Johnson seconded, directing staff to pursue additional design of Option 2, as presented, including building an HEC -RAS Model and installing rock weirs to quantify slope and velocity reductions, as well as work with Minuehaha Creek Watershed District. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Amendments to City Code 104.03 Administrative Enforcement Planning Director Darling stated that this is another amendment to ensure the City is covering its costs. She reviewed the current process and costs as well as the proposed changes. Sundberg moved, Siakel seconded, Approving ORDINANCE 551 Amendments to City Code 104.03 Administrative Enforcement of Code Regulations. Motion passed 510. Zerby moved, Sundberg seconded, Adopting RESOLUTION NO. 18 -009 "A Resolution Adopting a Summary Publication Ordinance and the Text of the Summary Pursuant to MN Statute 331A.01, which would inform the public of the intent and effect of the ordinance without publishing the entire ordinance." Motion passed 510. B. Right of Way Ordinance Administrator Lerud explained that at the January 8, 2018 work session, there was extensive discussion about Right of Way. He reviewed the recommended changes to the ordinance. He stated that he neglected to include the resolution for summary publication, so he will bring that back for the February 12, 2018 Council meeting in order for the Council to see it before they vote and approve it. Mayor Zerby stated that he knows the amount of time that has gone into this ordinance and appreciates the time and effort put in by staff working on this. Johnson moved, Siakel seconded, Adopting ORDINANCE NO. 552, "Ordinance Amending Title 900, Chapter 901 of the City Code, relating to Streets and Public Right of Way ", as submitted. Motion passed 510. C. 2018 Updated Fee Schedule Clerk Thone stated the fee schedule is reviewed on an annual basis. She noted the fee changes proposed had been discussed and approved in tonight's Council meeting and were included in the updated 2018 Master Fee Schedule. Siakel moved, Sundberg seconded, to approve RESOLUTION 18 -011 adopting the updated 2018 master fee schedule. Motion passed 510. D. Appointment of Planning and Parks Commission Members Administrator Lerud stated that with the resignation of Commissioner Bean and Commissioner Sylvester, there are two vacancies on the Planning Commission. He reviewed potential candidates that the Council had interviewed in the past. Councilmember Siakel stated that the Council has always had candidates come in regardless of where they have served in the past. She supports appointing Mr. Eggenberger, because the Council failed to take official CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 7 of 8 action to appoint him at the last meeting as they had intended. She asked if the Council would follow the policy that has been in place to bring the other two candidates back in and make some decisions or just appoint them. She stated that she would like to remain consistent in what has been done in the past. Mayor Zerby agreed that consistency is important. Siakel moved, Zerby seconded, approving RESOLUTION 18 -012 appointing Todd Eggenberger to the Planning Commission, and directing staff to contact the other two candidates and have them come in prior to the next Council meeting. Motion passed 5/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Lerud stated that Christine Freeman is no longer taking minutes as the Recording Secretary and the City has contracted with TimeSaver to take minutes. Mayor Zerby stated that Christine Freeman retired, but wanted it noted that she did a great job and is always welcome back. B. Mayor and City Council Councilmember Johnson stated that he wanted to commend the group for Artie Fever, because it was another successful weekend. He was able to bring his girls to free pizza night and feels it is just a great thing our community has and he looks forward to it again next year. He expressed his thanks to the sponsors and donors for making this event possible. Mayor Zerby stated that he wanted to commend the staff for their preparation and presentations this afternoon at the retreat. He stated that he feels staff did amazing work and they deserve applause. He stated that at the League of Women Voters lie was asked a question about what he was most proud of in the City of Shorewood and his answer was the staff. That sentiment was also mentioned this evening, by outgoing Planning Commissioner Sylvester tonight, as well. Councilmember Sundberg stated that she wanted to briefly touch on the staffing recommendations for the fire district because it is quite a jump, but it is justified. The City is struggling to attract staff there and we need to transition to a duty crew model, which will be implemented over time. Administrator Lerud reviewed the fire district staffing information and stated it is something of a glide slope to having partial full -time employees. There will essentially be four full -time fire fighters, not including the Fire Chief. He noted in our area, the difficulty with staffing is a demographic issue because it is quite expensive to live here and typically fire fighters are not able to afford that. There is a special meeting surrounding this issue, at the end of February, so the information was included to allow the Council time to review it before that meeting. Councilmember Sundberg noted that it has especially been a challenge to staff the weekend shifts. Councilmember Labadie noted that the Council meeting was happening tonight because of the snowstorm on January 22, 2018. She thanked the Public Works department for their handling of clearing the snow throughout the City. She stated that even her runner friends have mentioned that the Shorewood trails are cleared of snow well before other neighboring communities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 31, 2018 Page 8 of 8 11. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of January 31, 2018, at 7:28 P.M. Motion passed 510. Sandie Thone, City Clerk to