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02-26-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 26, 2018 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 7:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Assistant City Attorney Morben; City Administrator Lerud; City Clerk Thone; Communications Director Moore; Planning Director Darling; 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. Labadie moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of February 12, 2018 B. City Council Regular Meeting Minutes of February 12, 2018 C. Approval of the Verified Claims List D. Approval of Freeman Park Concession Agreement Motion passed 510. 3. MATTERS FROM THE FLOOR - None 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS - None 6. PARKS A. Report by Commissioner Rock on 02 -13 -18 Park Commission Meeting Planning Director Darling gave an overview of the February 13, 2018 Park Commission Meeting. There was discussion surrounding the rehabilitation of the Badger Park playground. They considered equipment CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 2 of 8 shaped like a pirate ship and ultimately chose a local contractor's rendering for it, so a full site plan will now be reviewed. The City is applying for two grants to help defray some of the costs for improvement of the park. The Parks Commission will be reviewing the park maintenance program before the summer Park Tours. They would also like to conduct a winter Park Tour to take a look at warming house issues. The Park Commission took a look at some concerns that were raised with the Freeman Park ice rink. Nat Gorham will be leaving the Park Commission and moving to serve on the Planning Commission and Holly Ashmore will be taking over his vacancy on the Park Commission. Mayor Zerby has heard that there was consideration being given to tearing out the asphalt at the Southshore Community Park. There had also been talk about putting in a dog park. He asked if there was any update on those items. Planning Director Darling stated that the Park Commission had looked at putting in a master planning effort at the park. They have asked for an estimate of the cost for removing the asphalt so that will be discussed at the next meeting. 7. PLANNING - None 8. ENGINEERING /PUBLIC WORKS A. Approve Memorandum of Understanding with Minnehaha Creek Watershed District to Coordinate Water Resources Planning and Capital Improvement Planning, City Project 18 -02 Engineer Fauske stated that this item had been discussed at a prior Council meeting, but all of the documents were not included in the packet, so it was being brought to tonight's meeting with everything necessary for the Council to make a decision. Engineer Fauske gave a brief overview of the agreement between the City and the Minnehaha Creek Watershed District. Administrator Lerud noted that the City Attorney had reviewed the Memorandum of Understanding and had no issues with it. Labadie moved, Siakel seconded, Approving RESOLUTION NO. 18-015, "A Resolution to Authorize the Execution of a Memorandum of Understanding with Minnehaha Creek Watershed District to Coordinate Water Resources Planning and Capital Improvement Planning, City Project 18 -02." Motion passed 510. B. Update on Drainage Concerns: 24890 Yellowstone Trail (Mott Property) Engineer Fauske explained that in December, Whitley and Linda Mott came to the City and presented some drainage issues they were seeing on their property. Council directed staff to take a look at the issues. She noted one of the things not included in the packet was information that was received after the packet had been distributed, regarding the lowered invert elevations of the culvert pipes. She stated that this would be reviewed in greater detail. She reviewed some of the hypotheses explored as to what was happening in this location including: location within the high -water level; rainfall events; crushed drain tile; pumping on the nearby golf property; wetland pipe inverts; drainage calculations; filled percolation areas. Whitley Mott, 24890 Yellowstone Trail, asked for the elevations on the invert level on the outflow, because if there isn't much of a difference, there isn't going to be much flow through the pipes. He stated that he has also had engineers look at the situation and evaluate the numbers and noted that he had provided this CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 3 of 8 report to the City. He stated that he believes the invert is at 953.2 and the exit point is at 952.8. He stated that tantamount to this whole thing is that water is coming into the retention pond and Mattamy Homes made the retention pond bigger and lowered the walls. Mr. Mott stated that he and his wife have been living on this property since 1995 and before that were members of the golf course, and this is a change in the condition of what they have been living with before the changes were made by Mattamy Homes, to the retention pond. He stated that drain tile is evident in the area of pond 91 and Mattamy did bring heavy equipment across the area, so he feels it is possible that the drain tile could have been crushed. He stated his desire is that when there is a one -inch rainfall, that they do not have water draining onto their property. He noted that he had shown Engineer Fauske video from April 19th that weather statistics consider a one - inch rainfall and the new pipe is completely submerged and water is flowing onto their property. He stated that he supports new development but does not want their land adversely affected by the drainage issues. He stated that this has also created a lot of problems with trees in that particular location and many have fallen down. He noted that Mattamy has stopped responding to phone calls from them when there is water on the Mott's land because they say that they built everything to the standards put forth by the City and their responsibility has ended. Mayor Zerby stated that Mr. Mott had included a few e -mails showing correspondence between Mattamy and the Motts but noted that they were two years ago with Rick Packer. Mayor Zerby asked about current communications. Mr. Mott stated that his understanding is that Rick Packer is no longer on this project and onto something else. He stated that he had contacted Public Works Director Brown as well as Mattamy when he was told that they had done all they could and were not going to do anymore, so he should have records. Mayor Zerby asked when that conversation had taken place and if he had copies of that communication. Mr. Mott stated that Public Works Director Brown should also have that information. He stated that he has a full log of who he has spoken with, the date and time off all the calls, however, he did not bring that to tonight's meeting. He stated that he is happy to share videos as well as other documentation on this issue with the Council. He stated to answer Engineer Fauske question about whether the golf course pumped in the past, he stated that since they have been there, in 1995, the golf course never pumped and there were not water problems. Mr. Mott stated that he did not feel this situation should be falling on he and his wife to fix because it is not their issue. The engineer that Mr. Mott hired stated that there are solutions to the problem. He reiterated that he shouldn't have had to hire his own engineer at all because residents expect the City to stand up for its citizens in this type of situation. Councilmember Siakel asked what Mr. Mott would like the Council to do. Mr. Mott stated that first and foremost, he would like the City to find a solution. Councilmember Siakel asked what Mr. Mott saw as the solution to the problem. Mr. Mott stated that at one time, Mattamy had talked about putting in drain tile, but he is not an expert, so the engineers should figure out what is the best solution. He simply wants the water to stop coming onto their property. Councilmember Johnson stated that Mr. Mott had mentioned that there are lots of trees down because of the impact on the water. He asked if an arborist had looked at the trees in the area to see if water really was the problem. Mr. Mott stated that he had not, but the trees are laying there with their entire root balls up and exposed. Councilmember Johnson stated that the City has contracted with an arborist and it included a set number of private visits. He is not sure if the City has gotten up to the limit, but suggested that perhaps that is something that could be considered in this case. Administrator Lerud stated that the contract started over CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 4 of 8 in January, but the arborist was only contracted to look at certain species of trees, not to determine that status of all trees. The arborist would be available if Mr. Mott wanted to hire him. Mr. Mott stated that he no interest in hiring an arborist. The trees are old growth trees and not swamp variety and wouldn't be that size is this was supposed to be swamp land, as some have suggested. Councilmember Johnson asked when the "as built" survey would be completed and who would make the determination. Engineer Fauske stated in addition to the invert elevations that she had mentioned earlier, another area to examine at would be how the ground surface has been altered in that area and perhaps go out and get some ground shot elevations to see what has been disturbed and to what magnitude and how that would change from the drainage model completed. Councilmember Siakel confirmed a comment from Engineer Fauske's report that said the pipe was buried lower than the original plan. She asked if that meant the drainage pipe wasn't installed according to the specifications from the original plan. Engineer Fauske stated that was correct and the water resources engineers are looking to see if by that pipe being buried lower than the original plans, it changed the drainage model. Councilmember Siakel asked about a comment in the report about extra fill from the developer. Engineer Fauske stated that was in relation to the percolation areas with the old rail bed material. The developer did place about 12 feet of additional fill up against the rail bed area. She stated that she had brought that up because of a question that Mr. Mott had asked regarding that material. However, it's the water resources engineer's opinion that the fill placed up against the old rail bed has not impacted the drainage in the area. Mr. Mott stated that bringing in that much fill over the rail bed area, in his opinion, is another changed condition. Mayor Zerby asked it Mr. Mott had plans to subdivide this property. Mr. Mott stated that he had worked with Brad Nielsen, before he left, on a pre- development plan. He stated that he doesn't want to get to a point where someone can say the property has been sullied and is considered a wetland. He stated that preliminary plans are already at the City and he would be glad to share them with the Council. Councilmember Siakel stated that she is unsure what the City's responsibility is in this situation, but feels the developer needs to be held accountable. From the information presented tonight, it appears that there are a few things the developer did not do according to spec and perhaps the City should be holding them accountable to doing them correctly. She suggested that perhaps it is a legal question, but she is unsure how to determine what the City's role is in this matter. Engineer Fauske stated that the information on the "as built" specifications and the elevations of the invert culverts came in after the packet was given to the Council. Staff will continue to work with the developer to look at whether this changed the drainage and will update the Council. She stated that she also needs to revisit the development contract documents regarding grading at this location. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 5 of 8 Councilmember Sundberg stated that it appears clear to her, that the Motts have no responsibility in what is happening to their property right now. They brought a property on a golf course that has been there since the early 1900's, so that is a long chunk of history. She noted her concerns when she reads that it is "returning back to historical levels" because we don't know what those levels were and there have been many development changes in the area, as well. She thinks the Council needs to focus on what is the responsibility of the developer. Councilmember Siakel stated that she would suggest acting quickly and seek resolution sooner, rather than later. She feels Mattamy should be held accountable to what they original agreed to and suggested that in addition to the engineer digging into this issue, that perhaps legal counsel should look into this, as well. Councilmember Labadie asked for our legal counsel to brief the Council on their legal opinion of potential liability in this case. Councilmember Johnson suggested that should be conducted in a closed session, since it is a legal situation. Mayor Zerby stated that there is still more information to be gathered but agreed that a legal opinion should be done in a closed session. Councilmember Labadie she would like there to be a two -prong direction for staff, coming out of this meeting. The first, to authorize Engineer Fauske to continue researching and seeking the documents she needs, but secondly, to have City Attorney Keane update Council on any relevant statutes or case law with regard to liability of the developer. Mayor Zerby stated that he agreed and was comfortable giving the direction to Engineer Fauske to continue researching and looking into the original plans. He noted that the end of winter is coming, which is typically not a great time to have drainage issues. Councilmember Labadie reiterated that she would also like to direct City Attorney Keane to draft a memo to the Council or direct a closed session meeting with the Council to advise on legal issues. There was a consensus of the Council to move forward in researching the original plans for development to the current situation and direct the City Attorney to advise on any legal issues surrounding this drainage problem. Mr. Mott asked how he and his wife would be informed as things moved forward. Administrator Lerud assured Mr. Mott that staff would keep the Motts informed about meetings as well as any relevant information that becomes available. 9. GENERAL /NEW BUSINESS A. Utility Rates Administrator Lerud explained that the City reviews the rates annually and recommends appropriate levels for the upcoming years. The City contracted with Ehlers and Associates in 2013 to do a rate study for all three enterprise funds. As a result of this study, the City has been regularly increased its sewer rates approximately 3% a year. Storm sewer funds were recommended to be raised 10% per year until those funds were adequate. However, the water fund has not had an increase since 2010 and is not covering CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 6 of 8 expenses with utility revenue. The proposed rate increases are as follows: 5% for water; 3% for sewer; 10% storm water management to go into effect June 1, 2018. Siakel moved, Labadie seconded, Approving ORDINANCE 553, "Utility Service Charges" with rate changes to be in effect as of June 1, 2018. Motion passed 510. B. New On Sale, Wine and 3.2% Beer License — Tino's Cafe Pizzeria Clerk Thone explained that this application is for the location at 19215 Highway 7. The applicant, Michael Catain, has passed the background check and paid all the fees associated with the application. If this is approved by the City, then the State will do a premise inspection and if approved, the City will issue the license to Tino's Cafe Pizzeria. Michael Alan Catain stated that he acquired Tino's Cafe Pizzeria in December and really wants to retain the mom and pop shop feel, but. he would like to get into events like the Taste of Tonka and be able to get some Excelsior, Wayzata, or Mound local brews and even support wineries in the area. Councilmember Sundberg asked if Mr. Catain has operated other small restaurants. Mr. Catain explained that his family business has owned Cataina's, which was a sit -down restaurant in California and had a take out and delivery establishment called Mike's Pizza and Pasta, in Missouri. Councilmember Sundberg stated that she assumed obtaining a liquor license would increase his business and asked if his parking would be adequate. Mr. Catain stated that they assume so and, if not, they will cross that bridge when they come to it. Starbucks bought the building next to them, so he is unsure how that will impact the parking situation. Many times, in the summer, people just walk over to them. Some ideas that they have been considering were perhaps finding a way to fence in an area and allowing people to bring their dogs and having a mini -dog area for meet and greet. Councilmember Sundberg asked Clerk Thone if the parking would be adequate. Clerk Thone stated that she does not know, and this license would be based on seating capacity and they do have enough. Mayor Zerby noted that if Tino's wanted to serve alcohol outside they would have to come back and amend the license. Mr. Catain stated that they currently have no plans to serve alcohol outside and just wanted to be able to serve it inside, for now. Johnson moved, Sundberg seconded, Approving RESOLUTION NO. 18 -20, Tino's Cafe Pizzeria, Wine /3.2 Percent Malt Liquor and Special Sunday Sales Liquor License. Motion passed 510. C. Liquor Licensing Code Amendment Clerk Thone noted that the last thorough review of the City's liquor code was conducted in 2007. She reviewed the proposed changes to the code to ensure it is consistent with State statute. Johnson moved, Siakel seconded, Approving ORDINANCE 554, Amending Shorewood City Code Chapter 401, Liquor Regulations, as presented. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 7 of 8 Johnson moved, Siakel seconded, Approving RESOLUTION NO. 18 -021, "A Resolution Approving Publication of Ordinance 554 Amending Shorewood City Code Chapter 401 Liquor Regulations ". Motion passed 510. D. Updated City Master Fee Schedule Clerk Thone reviewed the changes that were adopted in Ordinance 554 and the changes they would create in the 2018 Master Fee Schedule. Johnson moved, Labadie seconded, Approving RESOLUTION NO. 18-022, the 2018 Updated Master Fee Schedule. Motion passed 510. E. Southshore Center Administrator Lerud explained that staff would like feedback from the Council on a few design items. He displayed some proposed flooring options, cabinet designs and a chair option. Councilmember Johnson stated that his feedback is the same as it was at the last meeting. Selecting these materials without knowing what our "branding" direction is going to be gives him concern. If the design is nautical theme, it will go one way and rustic would go another, so he is uncomfortable making choices without having this information. Administrator Lerud stated that the philosophy behind this design is that they want it to be something that is not trendy and will not go out of style too quickly. He feels the color scheme and design they are proposing does that. Administrator Lerud noted that the City can purchase all 200 chairs within out budgeted amount. Councilmember Siakel asked if there was actually a need for 200 chairs. Administrator Lerud stated those were good questions and for tonight's meeting, he was looking for direction from Council on the style of the chair. He stated that the vendor has also been asked to provide a discount for taking our old chairs. So, when that information is received, staff will come back with the proposal. He reviewed some of the proposed costs and noted that the approximate cost for the flooring was $42,000 installed through the building, which is slightly higher than what was estimated in December. The chair cost should be slightly under the budgeted amount and the cabinets are right at the estimate. Mayor Zerby stated that he thought the Legion had just put in similar vinyl tile flooring and suggested going over and taking a look at it before making a final decision. It was suggested that once the new lighting was installed that samples of the colors be put on the walls so it could be judged more accurately in its location. Zerby moved, Sundberg seconded, to direct staff to move forward with the choices, as presented, for flooring and cabinetry as well as bring back more information on the chairs and the paint, at a future date. Motion passed 510. F. Website Proposals Update Communications Director Moore noted that she had been looking into various vendors that would serve the City, the Arctic Fever site as well as the community center website. She stated that as she reviewed the proposals, one stood out in services offered as well as price and noted it was the same company responsible for the City of Woodbury's site, which the Council had stated they liked, at the retreat. Staff is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 26, 2018 Page 8 of 8 recommending going with Revize for our new website. The initial set up cost is $8,000 and they do not require the City to sign a contract. Part of their proposal also included taking all of our forms and making them ADA compliant. The annual fee is $1,900. Mayor Zerby noted that if we stick with Revize for four years, they will redesign our website for no charge. Communications Director Moore stated that if Council approves this, it will probably take about 3 or 4 months before everything is ready in the new website. Sundberg moved, Johnson seconded, Approving RESOLUTION NO. 18 -019 "A Resolution Accepting Quotes for Revize Website". Motion passed 510. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Engineer Fauske stated that there had been discussion of a possible addendum to the feasibility study for watermain construction to Riviera and looping it to the Cub Foods site. This will be brought to Council in the near future, once staff has time to take a look at some easement issues that have cropped up. Engineer Fauske stated the other report she would like to give to the Council is in relation to Chaska Road and concerns raised by resident, Cindy Marr, with the traffic. At the time the concerns were raised, the City felt it may be a good idea to wait until some occupancy in the Shorewood Landing development was established before this was addressed. She stated that staff now feels it may be time to take a look at some of those issues. She has begun conversations with our traffic engineers and will be bringing something to the Council at a future meeting. Mayor Zerby noted that he had been going through paperwork and signing things and would like clarification from Clerk Thone about the ability to sell strong beer and not just 3.2% on the Tino's Cafe Pizzeria application. Clerk Thone explained that the form Mayor Zerby was referring to came from the State. She understands that it can appear a bit confusing, but when an establishment has both licenses for wine and 3.2% malt liquor, that allows you, per State statute, to sell strong beer at your establishment. B. Mayor and City Council - None 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of February 26, 2018, at 8:39 P.M. Motion passed 510. ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk