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03-12-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 12, 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 7:00 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; Building Official Pazandak; and City Engineer Fauske Absent: None. B. Review Agenda Siakel moved, Labadie seconded, approving the agenda, as presented. Motion passed 5/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Councilmember Labadie noted that the multiple dock facility license for Shorewood Yacht Club was for 117 boat slips and asked if that was the same number as the previous year. Planning Director Darling stated this was the same number as the prior year. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of February 26, 2018 B. City Council Regular Meeting Minutes of February 26, 2018 C. Approval of the Verified Claims List D. Agreement for Jet -Vac Purchase E. Approve RESOLUTION NO. 18-023, and RESOLUTION NO. 18-0249 "A Resolution Authorizing an Application for the Redevelopment of Badger Park Playground and Shelter at 575 Country Club Road" for Grant Applications for Badger Park. F. Approve RESOLUTION NO. 18 -025 "A Resolution Making Appointment to Lake Minnetonka Communications Commission." G. Approval of Multiple Dock Facility License — Shorewood Yacht Club CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 2 of 7 Motion passed 5/0. 3. MATTERS FROM THE FLOOR None 4. PUBLIC HEARING None 5. REPORTS AND PRESENTATIONS A. 2018 Shorewood Photo Contest Clerk Thone explained that the City had just completed the first fall /winter photo contest and noted that one of the six winners, Maybeth Sheridan, was present at tonight's meeting. She reviewed the contest categories and rules. She presented the winning photos: Lucille Goodwin — "Frog Island Ice Cave"; Maybeth Sheridan — "Cardinal in Snowstorm"; Marie Darling — "Gratitude "; Steve Quinlan — "Fall Splendor" (tie) and Alice Cherian — "Fall Splendor" (tie); Steve Quinlan — "Winter Wonderland ". Clerk Thone thanked everyone who participated in either submitting photos or judging. Staff is hoping to hold another contest for spring /summer photos. She stated the winning photos will be framed and displayed in City Hall. 6. PARKS None 7. PLANNING A. Report by Commissioner Davison March 6, 2018 Planning Commission Meeting Commissioner Davis gave a review of the planned discussion items for the Planning Commission for the upcoming year. 8. ENGINEERING/PUBLIC WORKS A. Receive Addendum for Feasibility Report for Reconstruction of Streets, Authorize Preparation of Plans and Specifications for Watermain, City Project 17 -04 Engineer Fauske reviewed the potential alignments for the watermain system. She explained that in order to minimize the effect on trees, a trenchless watermain system was being considered. She reviewed the price of the three options and noted that staff is recommending option three, even though the initial cost is a bit higher because it would minimize impact to the trees, allow the City to move forward with the project this year and that it is the best alignment. She noted that funding for this project could be handled through bonding or an intea -fund loan. She noted that a resident along Riviera Lane has spearheaded the effort to gather signatures from residents along this road interested in a watermain connection and there are currently 13 signatures in support of the project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 3 of 7 Councilmember Johnson noted that the packet made the caveat that the cost of removing trees in the heavily wooded areas was not included in the projected costs. Engineer Fauske explained that with a trenchless system, there does need to be a digging pit at each end of the system, so there is some clearing that will need to take place, but not to the extent that an open cut system, which is why staff was recommending a trenchless option in order to minimize disruption to the trees. Councilmember Johnson asked how many trees would be affected for the digging pits. Engineer Fauske stated that typically a digging pit would be approximately 20 feet by 20 feet at each end. Mayor Zerby asked if the suggested alignment would connect and form some sort of a loop with the Cub Foods system. Engineer Fauske explained the approximate alignment near the healthcare system and confirmed that it would provide a loop. Rob and Nancy Meese, 6185 Riviera Lane, stated that they are fully in support of the watermain project and appreciate that engineering has considered the trenchless system, because much of their backyard is very mature oaks which would adversely be affected with a different type of system. He stated that he is hoping that only one end will need to be dug out for the pit to make the connection because in his estimation, the other portion should be in the street. Mr. Meese expressed his appreciation to the City for their work on this project. Engineer Fauske noted that Mr. Meese had brought up a valid point that the City can certainly look for opportunities to have the digging pits put in where it can minimize impact to the trees. Mayor Zerby stated that is what he would like to see and he thinks most residents would also support that. Councilmember Labadie commended Engineer Fauske for her clear explanation within the memo on why staff was not recommending the least expensive option. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 18 -026, "A Resolution Receiving the Addendum to the Feasibility Report and Authorizing Preparation of Plans and Specifications for the Watermain Extension Along Yellowstone Trail (Club Valley Road to Riviera Lane) and Riviera Lane to Lake Linden Drive Street and Utility Improvement Project, City Project 17 -04." Motion passed 510. B. Accept Proposals for Alarm Upgrades for the Water System Public Works Director Brown explained that over the last year, the City has worked to upgrade the SCADA (Superior Control and Data Acquisition) system which helps monitor and operate the well houses and water towers. As part of this process, they reviewed the security systems and found many lacking and in need of updates. He reviewed the proposal from Ultimate Control and Electric and noted that staff is recommending approval to be funded out of the City water find. He noted that there would not be any ongoing subscription costs with this upgrade that the alarm systems will be able to be tied into the SCADA systems. Councilmember Johnson had questions about the statement "alarm modifications will be done under that separate contract ". Public Works Director Brown explained this statement referred to the contract already in place for the Boulder Bridge facility, so there was no need to include that facility in this contract. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 4 of 7 Mayor Zerby confirmed that the contract also covered installation because it was not clearly spelled out. He asked why this vendor was chosen. Public Works Director Brown stated installation is included and that this is a fairly new vendor to the City. This company had been brought in to discuss some ongoing issues that were plaguing the water system, and between their electrician and computer programmers, were able to zero in on the problem right away. Staff has been very impressed with their work. Siakel moved, Sundberg seconded, To Accept the Proposal from Ultimate Controls Electric, LLC in the amount of $8,740, for the Alarm Upgrades for the Water System. Motion passed 5/0. 9. GENERAL /NEW BUSINESS A. 5815 Club Lane Administrator Lerud explained that 5815 Club Lane has been under construction sporadically over the last few years. It has reached a point where staff felt it was important to take a look because inspections have not been called for and people are living in the structure and felt there may be some life safety issues with the work that has been done by the owner. Lerud said the owners invited staff onto the property last month and staff believes there are quite a few situations that warrant some additional compliance inspections by the property owner. Staff is recommending requiring property owners to contact a third party to obtain a structural analysis of what has been done as well as a building code compliance survey. The property owners would select the third party, but the City would have to approve of them. He noted that costs for this could be assessed to the property owner if they were unable to pay. Councilmember Sundberg asked if the property owner had already agreed to be assessed for costs associated with the inspections and compliance. Administrator Lerud stated that they had not agreed to this yet, but staff believes this is the next step. Councilmember Johnson stated that this may be a larger, separate discussion, but suggested when the City issues a building permit that there is an end date associated with it. Attorney Keane confirmed that building permits currently do have a life span of 180 days. Building Official Pazandak stated this was true, but that building permits can have an extended life. He noted that they initially have 180 days, but property owners can request an extension with due cause at any time during the project and as long as they are doing any kind of work, the permit remains valid. Staff has had some discussion about a possible adoption of a code that would allow the City to mandate finishing the exterior within a one -year period. Mayor Zerby asked for clarification that the original building permit for this project was issued on March 15, 2015. Building Official Pazandak stated that the owners had actually started work prior to that date, but that is when there was a resolution to the issues that the property owner had agreed to. In addition, the owners agreed with t the timetable, the scope of the permit and its requirements, all of which was voluntary. City Attorney Keane explained that each progress toll can result in an extension of 180 days. Mayor Zerby asked about the process for staff to know when progress has been made. He asked if the property owner simply called staff and said that work has been done and staff then goes and inspects. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 5 of 7 Building Official Pazandak stated that there is no requirement that the City check the 180 days. He noted what happens is the City sets something up to go see the property and then the city has to prove that progress has not been made. He noted that it is a very difficult section of the code. Mayor Zerby stated that it appears then that the City did not know what had happened over the last 2 '/2 years and whether progress was occurring or not. Building Official Pazandak stated that he knows the property owners had made some progress because he stopped by periodically over the last few years. Councilmember Siakel stated that it is clear to her that this is a "one-off' situation and it appears as though the homeowners are in a little over their heads and feels directing staff to extend a little latitude to work with the residents to take the next step is warranted. She stated that she supports bringing in a third party to assess what needs to be done to bring it up to code. She stated that in addition to the timeliness of the project, there is the safety aspect to be considered. Councilmember Johnson stated that while he agrees this is a "one -off' situation, he wonders if there are other residents who may not even realize their building permits are not cleared and that there are conditions on them. He noted that when they go to sell their property it may be an issue. He suggested perhaps there should be a conversation about ways the City can track where things are within the building permit process. Administrator Lerud noted that part of the permit process is for the onus to be on the property owner to call the City when work has been done. He does not think it is feasible to contact every property that has a permit to check in 90 days and ask about the progress. Siakel moved, Labadie seconded, to Extend Latitude to Staff to Work with Homeowner at 5815 Club Lane and contact a third party to assess the condition and the next steps to complete this project and bring it up to code. Motion passed 510. Mayor Zerby stated that he agreed with Councilmember Johnson that this maybe something that the City needs to look at more closely. He suggested including this as a discussion point for a future work session. B. Southshore Center Administrator Lerud explained the general timeline for upcoming projects at the Southshore Center. He noted that staff would like to sell some of the furnishings and noted that the list of those items was placed at the Councilmembers desk prior to the meeting tonight. He stated that they would also like to remove the roll up door that makes it look more like a cafeteria and not a banquet hall. He stated that after the last meeting, staff took another look at the bid for 200 chairs and decided that the number could be lowered to 125. He noted that they are also planning to keep the current best 75 chairs and this will reduce to cost by about $7,000. Siakel moved, Labadie seconded, to Accept the proposals as presented, by Administrator Lerud for Southshore Center. Mayor Zerby noted that he really like the idea of trying to sell the unneeded furnishings and supported anything that City could do to reduce the number of things going into the landfill. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 6 of 7 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated the seasonal weight restrictions are in place from the State which the City follows and residents need to be aware of these and make sure, for instance, their moving companies understand those weight restrictions, as well. He noted that the weight restriction map is posted on the City website. He also noted that Hennepin County has done a great job trying to manage emergencies, such as wind storms and one of the things they are promoting is better communications between public works departments and establishing more of a mutual aid scenario. Many of the metro area public works organizations got together and talked about some of these mutual aid events. FEMA has stated that if there is a mutual aid agreement in place, some of the money spent can be recouped, if you are providing aid to another city. This mutual aid of sharing equipment or staff is very common across the state with fire departments and is now being looked at with public works departments. They are working on a draft agreement that will be coming before the Council in the future. Engineer Fauske stated that staff is continuing to look into the drainage issue that Mr. Mott presented at the last Council meeting and should be brought back before the Council at the April 9, 2018 meeting. Planning Director Darling stated that the Metropolitan Council has posted estimates for what it considered affordable for occupied housing, which has increased from $238,500 to $243,500. She reminded the Council that the definition of affordable housing is that a family earning up to 80% of the median area income, can spend 30% of their annual income on housing. She noted that she does not have any information on how this would translate to the rental properties. Clerk Thone noted that Tino's Cafe and Pizzeria passed their inspection from the State and their liquor license is now in effect. Administrator Lerud noted that a map had been placed at the Councilmembers desk that showed an aerial map of the most recent deer population survey. On their count, from early February, there are 114 deer and he believed that 34 were harvested this year. He noted that the audit field work had been completed and will be presented at the last meeting in April. B. Mayor and City Council Councilmember Sundberg stated that she and Administrator Lerud thought that the Fire Board may have gone a bit extreme in micromanaging and may have gotten away from its responsibility in addressing public policy. She believes that Administrator Lerud has had a conversation with the Fire Chief that addressed these concerns and noted that she will also follow up with them at the next meeting. Mayor Zerby stated he wanted to official say, "Go Minnetonka! ". Lake Minnetonka appears to be the best hockey lake in the state, because both Orono and Minnetonka won their divisions. He is very proud of our schools. Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of March 12, 2018, at 7:50 P.M. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MARCH 12, 2018 Page 7 of 7 ATTEST: la4b, lma,,/ Sandie Thone, City Clerk 6 Scq,tMerb y, Ma