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06-12-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 12, 2018 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Acting Mayor Siakel called the meeting to order at 7:00 P.M. A. Roll Call Present. Councilmembers Johnson, Labadie, and Siakel; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Mayor Zerby and Councilmember Sundberg. B. Review Agenda Acting Mayor Siakel noted that items 5A, Eric Evenson, Lake Minnetonka Association and 5B, Hennepin County Sheriff Stanek under Reports and Presentations will be moved to the agenda for June 25, 2018 Council meeting. Labadie moved, Johnson seconded, approving the agenda, as amended. Motion passed 310. 2. CONSENT AGENDA Acting Mayor Siakel reviewed the items on the Consent Agenda. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of May 29, 2018 B. Approval of the Verified Claims List C. Appointment of 2018 Election Judges and Absentee Ballot Board RESOLUTION NO. 18 -058, "A Resolution Appointing 2018 Primary and General Election Judges and Establishing an Absentee Ballot Board." D. Authorization to Execute Grant Agreement — Badger Park, RESOLUTION NO. 18- 059, "A Resolution Authorizing Execution of Agreement." E. Personnel Policy Update, RESOLUTION NO. 18 -060, "A Resolution Updating the Shorewood Personnel Policy." F. Appointment of Minnetonka Community Education Board (MCE), RESOLUTION NO. 18 -061, "A Resolution Making an Appointment to the Minnetonka Community Education (MCE) Advisory Council." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 1.2, 2018 Page 2 of 6 Motion passed 310. Ron Goetz 5790 Echo Road stated that he has lived at this property since 2003 and normally this time of year he would like to get outside and enjoy his deck and open windows, which is how he spent the first 14 years on his property. He said everything changed dramatically about a year ago and now he closes every door and window because of the lacrosse field. He stated that he is not against kids or sports, but there is a problem because of the position of the field and the goal that is in close proximity to his deck. He played two audio recording from his phone from a daytime game and an evening game. He stated it is very loud and very difficult to deal with it because there is no way to eliminate the noise. He stated that he has been in contact with Planning Director Darling to discuss some ideas of ways to include a thicker tree line or some other buffer to deflect the noise coming from the lacrosse field. He read aloud from ordinance 501- 05, Subd. 13, that talks about noise that is over and above a normal level of noise. He understands that this ordinance was written directed at private citizens, but he feels this ordinance has been violated because this is very clearly a noise disturbance. Acting Mayor Siakel directed Planning Director Darling and staff to come up with some possible solutions and costs. Planning Director Darling noted that the City had picked up a few trees from the tree sale with the intent to use them at the Southshore Center originally, but they will not work there, so she is planning to shift those to this area to help thicken up the tree line. Councilmember Labadie asked if lacrosse balls had ever entered Mr. Goetz's property. Mr. Goetz stated that he has a collection of about 10 balls that he has found up by his deck. He stated that he thinks some of them were thrown at his property intentionally and isn't sure why. He stated that he has hit them with his lawnmower before and those become a dangerous projectile. Councilmember Labadie asked that the record reflect that there were two audio recordings from a cell phone played for the Council. She asked where Mr. Goetz was physically when they were recorded. Mr. Goetz stated that he was on his deck holding his phone when he recorded them. Councilmember Johnson asked how many of Mr. Goetz adjacent neighbors are also impacted by the noise. Mr. Goetz noted that the home on his right is a rental house and the property on his left will be affected once the playground is put in place. He stated that he thinks it is just these houses that have a problem because the sound seems to funnel into the lower area, although he stated that the people that live across the street from him have told him they can hear the fields at night. 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS - None 6. PARKS - None 7. PLANNING CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2018 Page 3 of 6 A. Request for Variance to Lot Size at 5885 Eureka Road Planning Director Darling stated that the applicant would like to take down the existing home and detached garage and build a new home with attached garage. She noted that the lot was created prior to modern zoning requirements and noted that the applicant is planning to put in a rain garden in the northeast corner of the property to help offset the increase in impervious surface. She stated that the Planning Commission had recommending approval of the variance at their June 5, 2018 meeting. Johnson moved, Labadie seconded, Adopting RESOLUTION NO 18 -0629 "A Resolution Granting a Variance to Conrad Lee Nil on Property Located at 5885 Eureka Road." Motion passed 310. 8. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications for Boulder Bridge Well Controls and Authorize Advertisement of Bids, City Project 18 -01 Director Brown explained that on December 12, 2017, the council approved the design proposal for plans and specifications for the Boulder Bridge Well Controls located at 28125 Boulder Bridge Drive. He noted that if the Council approves plans, bids will be opened on July 12. He noted that staff is recommending approval and said that the Engineer estimates the cost to be $195,141 and the budgeted amount was $200,000. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18 -0631 "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for Boulder Bridge Well Control Project," City Project 18 -01. Motion passed 310. 9. GENERAL/NEW BUSINESS A. Parking Restrictions Administrator Lerud explained the for the past couple of years, the City has received numerous complaints about construction vehicles parking on the streets around this construction site near the Birch Bluff Road construction project. He noted that these vehicles are not parked illegally, however there are times when two vehicles cannot pass because of the parked cars. He noted that the construction manager has put up No Parking signs, but those are not enforceable from a law enforcement standpoint. He noted that staff met with the project managers, who are present at tonight's meeting, in May to look at ways to alleviate the issue and try to reduce complaints. He noted that following preparation of the memo in the packet, staff received a letter from the president of the project management company and they noted that they are aware of the concerns. Lerud stated that the project manager indicated that they will be looking for a Certificate of Occupancy very soon and traffic will be substantially less in the next 30 -45 days. He said he confirmed that time line with the Building Official. Several the required inspections have been completed and the project manager has requested to schedule a final inspection for the house. Lerud said there are other inspections that also need to be completed. Councilmember Labadie was not aware that a Certificate of Occupancy inspection was expected within 30- 45 days. She asked if that was accurate. Administrator Lerud stated that a Certificate of Occupancy can be granted if the landscaping has not been completed provided the owner escrow 150% of the estimated cost to complete that work. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2018 Page 4 of 6 Councilmember Johnson stated that he would like to know how much landscaping work will need to be done following the Certificate of Occupancy. Tom Larson, Senior Project Manager for John Kraemer and Sons, stated that the landscaping required after receipt of the Certificate of Occupancy would last approximately another 45 -50 days. He stated this will greatly reduce the number of workers that are currently on the site. He noted that the perceived inconvenience of having 12 -14 cars parked along that stretch of the road will also be greatly decreased. He compared other construction work sites and noted that he sees the same population of cars on other streets. Councilmember Johnson noted that he had driven by today to look and counted 16 vehicles parked there for that site. Mr. Larson asked where he started counting and if it was beyond Elmridge Circle. Councilmember Johnson that he made the turn from Grant Lorenz by the person directing traffic and then drove straight west and there were 16 cars lined up on the right side of the street. Mr. Larson clarifies that he spends 90% of his time on this site and they have taken great strides in moving the parking away from that busy intersection. Acting Mayor Siakel stated that she thinks the length of the project has complicated things because it has been going on at least for a few years. She understands that there have been attempts made with parking at Howard's Point, but feels the longevity of the project is an issue. She understands that some of the parking issues will be alleviated when they receive the Certificate of Occupancy but asked if there was a plan for when the trees and shrubs would be brought in and unloaded. Mr. Larson stated that is currently going on and noted that they had three truckloads today. He stated that there have been three other homes constructed in the area since this project has begun and feels that some of the complaints coming in have been simply painting them with a broad brush and it may not even be their issue. Councilmember Labadie stated that she is offended by the term "perceived inconvenience ". She stated that they live here, and it is an inconvenience when school buses cannot make it through and must stop with 30 kids sitting on the bus. She stated that it is an inconvenience when City Hall receives calls that people are concerned that emergency vehicles will not be able to make it through when necessary. She stated that there was a letter in the Council packet indicating John Kraemer and Sons were sorry that our staff had to be inconvenienced and field calls from residents. She stated that was not an inconvenience because the Council and staff are here to serve the residents. She stated that it is not a fair comparison to compare this project to other projects because she feels this house may be one of the largest houses in the entire State and has been going on for years. She thanked them for putting someone in place to help manage traffic at the intersection and believes that has greatly improved safety at the blind intersection. She stated that this was much appreciated by the residents, but there are many people who are afraid to let their children ride their bike to the beach or to school at Minnewashta Elementary because of this project. She stated that she realizes that there are other projects in the City and even in the area, but she reiterated that it is not fair to term this as a "perceived inconvenience ". She is very glad that this project is nearing the end. Acting Mayor Siakel stated that it comes down to a balance of the rights of the property owner to develop and the concerns of the neighbors living in the area. She stated that she is not in favor of taking any action on this time tonight, she is comfortable with this because the Certificate of Occupancy has been requested and suggested revisiting this before school starts. She would support staff working with Mr. Larson to get the project wrapped up. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 2018 Page 5 of 6 Councilmember Johnson asked Mr. Larson if the person managing traffic will stay on -site until everything is completed, including the landscaping. Mr. Larson stated that the person who works that intersection is provided by John Kraemer and Sons, so as long as they are still operating the site as the general contractor, that person will be there. Gary Kraemer, President of John Kraemer and Sons, stated that their client is very safety conscious and brought many of these concerns to them before the project even began. He stated that he cannot speak for the property owner, but, thinks he will be in favor of keeping somebody there on -site. Councilmember Labadie thanked Mr. Larson and Mr. Kraemer for coming and shedding some light on the issues for the Council. She was initially prepared to really limit parking, but because it appears completion is near, she said she is willing to allow staff to continue to work with the project managers. She stated that she has been impressed with the traffic director and parking on Howard's Point at the off -site lot. She stated that she felt that was a unique approach. She supports Acting Mayor Siakel's suggestion to revisit this before school starts in the fall. Acting Mayor Siakel stated that it is times like this where it is difficult to be a Councilmember because you can see both sides. She understands the frustrations and complaints that have been received but has seen how the property owner has really stepped up and gone above and beyond and been proactive in trying to alleviate issues. She reiterated that she feels the longevity of the project has been the biggest issue. Councilmember Johnson stated that there was a resident from the area here and asked if he would like to make any comments. Mike Blomquist, 5425 Grant Lorenz Road, stated that he believes it is the construction workers who are not respecting the neighbors and the area. He stated that the school bus gets stopped and he has personally almost been hit four times by trucks. He stated that since the person directing traffic has been put in place on that corner though it has been much better, and he really appreciates that. He stated that he agreed with Acting Mayor Siakel that a big issue is the longevity of the project because it is really getting old for the residents. He stated that the construction workers need to understand that people live there and noted that there has been garbage thrown into the yards and yards have been urinated in. Councilmember Johnson stated that he agreed with not taking action tonight and revisiting the issue before school begins. He would also support having a traffic person in place during the high traffic times as the project moves forward. Councilmember Labadie stated that there is apparently a 30 -45 day timeline and asked staff to update the Council at the 30 -day mark. Administrator Lerud stated that it will be put on the agenda for an update at the July meeting. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Update on Rental Housing Planning Director Darling noted that thus far in 2018, there have been 14 building permits issued and there are another 9 permits that are in process. She noted that she had received two more right after she completed her graph for the Council, so the information she is presenting is slightly higher than the graph shows. She noted that even if no additional permits come in for the remainder of the year, the City will be over last CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 12, 201.8 Page 6 of 6 year's number. She stated that the number of rental licenses has been growing because the City has been actively looking for licenses that have expired. She noted that there have been 52 rental licenses issued and noted that she only included one for the Shorewood Landings and not every unit because she did not want to skew the numbers. She stated that there are 32 licenses pending and under review. Acting Mayor Siakel noted that there have been a lot of properties sold in Minnetonka Country Club and asked how many of the building permits were for those properties. Planning Director Darling stated that there have been 1.2 for the Minnetonka Country Club, plus the two additional ones that came after she completed the graph and, another 7 that are in process for the Minnetonka Country Club. Other Director Brown stated that watermain flushing and street sweeping has been completed, however it stormed over the weekend, so they may be back out again. He stated that plow damage repair has been completed and crews are now working on tree management and pot holes. Attorney Keane stated that the detachment annexation of Cathcart Park has been formally completed and has been is now officially part of Shorewood and will be mapped by MN Dot. Administrator Lerud stated that Ashland Woods mediation was held June 4, 2018 and the parties reached a tentative private agreement that the City has not a party to. He stated that once formally approved by the parties, the agreement will allow the development to meet the requirements of the development agreement, which will allow the developer to build on the remaining two lots. He stated that the Excelsior fire department draft budget is available, and everyone should have received a copy of it. He noted that there will be a meeting on June 27, 2018 for the Council to attend. He asked that if any of the Council want to attend to let him know because last year no one attended, and the Fire Board asked the Administrators to survey the Councils and report back attendance plans. B. Mayor and City Council — None ff 1 ! ' Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of June 12, 2018, at 7:47 P.M. Motion passed 310. ATTEST: Scot erby, n IV * Sandie Thone, City Clerk