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06-25-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 25, 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 7:01 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmembers Labadie and Siakel B. Review Agenda Sundberg moved, Johnson seconded, approving the agenda, as presented. Mayor Zerby noted that item 5c has been deferred to a later date. Motion passed 310. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda Councilmember Johnson asked if there was anyone present from Timber Lane that had wanted to speak to the Council. A few members of the audience indicated that they would like a chance to speak to the Council. Mayor Zerby stated that item C. would be pulled from the Consent Agenda and moved to 7A of the regular agenda to allow for discussion. Sundberg moved, Johnson seconded, Approving the Motions Contained in items A. and B. on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of June 12, 2018 B. Approval of the Verified Claims List C. Approve a Goose Lake Management Plan for Timber Lane HOA Motion passed 310. 3. MATTERS FROM THE FLOOR None 4. PUBLIC HEARING - None CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES JUNE 25, 2018 Page 2 of 8 5. REPORTS AND PRESENTATIONS A. Report by Tim Litfin on Tour de Tonka Event and Community Education Update Tim Litfin and Jenny Bodurka appeared before the Council to give an update on Community Education. Mr. Litfin noted that one surprising aspect to Community Education is that they create over 1,000 jobs. He noted that the Explorers Club is their largest program. He reviewed some examples of volunteer opportunities, the largest being basketball coaches and the Tour de Tonka event. He stated that as of May 1, 2018, they have had just over 33,000 participants in the Community Education programs. He noted that they started a new customer appreciation event on March 19, 2018 and at this event they were able to garner some interesting feedback that will help the program moving forward. Ms. Bodurka explained that last year they also kicked off a community building program with things like a newsletter, a gratitude tree, a toiletry drive and a book drive where the books were donated to the Read Indeed program. She noted that representatives of Community Education attended a LERN Conference in Portland where they received an award for the Tour de Tonka event. Mr. Litfin noted that they had send a quick, two question survey to all of their customers who participated in 2018 asking them to rate the quality of the Minnetonka Community Education and they received an overall rating of 4.4 out of 5. Ms. Bodurka reviewed some of the 729 youth programs and camps, such as Summer Explorers, Guitar Camp and Movies in the Park. She noted some of the upcoming events: Firecracker — July 4, 2018; Tonka Mud Run — July 14, 2018; . and Tour de Tonka — August 4, 2018. Mr. Litfin gave a brief overview of the Tour de Tonka event and noted that the riders will go through 24 cities. He noted that they have had riders as young as 4 and as old as 88. B. Hennepin County Sheriff Stanek Sheriff Stanek gave an overview on the various public safety services that the County is involved in conjunction with the local law enforcement. He noted that Samantha Kleinfield, Director of Intergovernmental Affairs was also present at the meeting. Sheriff Stanek noted that they are three public safety partnership areas: Forensics Sciences Division — Crime Lab; Opioid Crisis; Violent Crime. He noted that within Hennepin County, there are 36 local police departments and 9 federal law enforcements partners that service 45 municipalities as well as Fort Snelling. He noted that there were 1.84 bookings for the South Lake Minnetonka area in 2017. He reviewed some of the numbers surrounding deaths due to opioid addiction and showed a drug take back bag that will be available to residents. Mayor Zerby noted that Sheriff Stanek had not mentioned the work the County does out on Lake Minnetonka and noted that is probably their most visible presence in the City. Sheriff Stanek noted that with 104 lakes and 3 rivers, they stay very busy. He noted that they there are 12 full -time water patrol deputies, but noted that there are also about 100 volunteer special deputies County- wide. Mayor Zerby stated that he knows that out on the lakes it is probably like herding cats but stated that the City definitely feels the presence of the Hennepin County law enforcement and appreciates all they do for the City. He also thanked them for their assistance with the 911 services. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 Page 3 of 8 6. PARKS - None 7. PLANNING A. Approve a Goose Lake Management Plan for Timber Lane HOA Stephen Farnes, 5445 Timber Lane, stated that there are nine residences on Timber Lane. He stated that the goose management plan that is included in the Council packet seems very impressive, but he only learned of it last Friday and he has been a resident of Timber Lane for over 60 years. He stated that he had voiced his opposition to Mr. Zenk earlier today and shared his concern that this was in front of the Council for the final green light when there had been no meetings with the supposed Homeowners Association. He stated that there is no such thing as a Timber Lane Homeowners Association. He stated his concern that there may be an attempt to deceive the DNR or the City about the existence of the HOA. Ron Zenk, 5435 Timber Lane, stated that there is a goose problem on Timber Lane. He stated that there is a loose knit association of property owners on Timber Lane and Duck Island. He stated that as a way to control the population in the past, people were just going over to Duck Island and smashing the eggs, which is illegal. He used to live on Christmas Lake and there had been a goose management plan approved over there, so he took a look at trying to get a plan in place for the residents along Timber Lane. He stated that the plan basically outlines educational options that residents can legally do to help control the population, such as addling. He stated that he has gotten signatures from 7 out of the 9 residents approving the plan. He stated that the goose management plan does not obligate anyone to do anything, but, gives them the tools to know what can legally be done to help control the population. Kenneth Kaiser, 5455 Timber Lane, stated that his concern is also that the goose management plan refers to the Timber Lane HOA, which does not exist and has no by -laws or rules for voting on anything. He stated that Duck Island is a shared property between the 9 homeowners. He stated that he had concerns that this agreement would give control over the individually owned properties. Peter Wattson, 5495 Timber Lane, stated that he is against too many geese and is for finding a way to control the number of geese. He stated that he thinks the plan is a good idea. He supports the idea of doing something to control the geese. Councilmember Sundberg confirmed that the plan, as presented, did not mandate the homeowners to do anything. Planning Director Darling stated that none of the relocating or addling the eggs can move forward unless there is a plan that has been looked at by the local jurisdiction, which is what the Council is being asked to do tonight. Councilmember Sundberg asked if there was an HOA Planning Director Darling stated that she had looked up the covenants that were established in 1949 and in the body of the covenant it states that every 10 years they need to be reapproved and re- recorded against the properties by the group and she did not see any evidence that has been done. Councilmember Sundberg asked City Attorney Keane if he had any insight on this issue. City Attorney Keane stated that he did not. Councilmember Johnson asked who is the legal owner of Duck Island. City Attorney Keane stated that it appears to be owned by Harold Farnes, et al. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 Page 4 of 8 Stephen Farnes, 5445 Timber Lane, stated that this is the main point because that is where the geese are located. He stated that Harold Farnes was his father and he set it up after Frog Island was decimated by a dredging company. He stated that his father was able to get a PID for Duck Island that the "et al" is the nine property owners on Timber Lane and they all have a 1/9 interest in Duck Island. He stated that he felt that Mr. Kaiser had brought up some great points. He stated that if the Council agrees to this plan, it will legitimize the HOA that has been forced on everybody and doesn't exist. He stated that there have been no formal meetings, the plan has not been vetted and there has been no due process. Councilmember Johnson asked who pays the taxes for Duck Island. Mr. Farnes stated that they are minimal and have been paid by his mother. Councilmember Sundberg asked if Mr. Farnes major objection was that he felt the due process hasn't been allowed, that there isn't a HOA, or if it was the merit of the plan. Mr. Farnes stated that he objects to them all and asked the Council to deny the request. He stated that he did not think that Mr. Zenk signing documents as a representative of the Timber Lane HOA is legally binding, since an HOA does not exist. Councilmember Johnson asked Mr. Farnes if he was opposed to people going on Duck Island and addling eggs and doing anything to decrease the geese population. Mr. Farnes stated that his answered was yes. Mr. Zenk stated that if the concern is calling in the Timber Lane HOA, he suggested changing it to be the Timber Lane Property Owners Goose Management Plan. Councilmember Sundberg stated that she is uncomfortable with the ambiguity about the HOA. She stated that she is not ready to make a decision on it and asked that City Attorney Keane research it and weigh in with information at a future meeting. Councilmember Johnson stated that the easy thing would be to rename the document, but there is Duck Island where the taxes are being paid by one party and there are no by -laws that exist to see this through. He stated that absent proper policies in place, he would vote to deny the request. City Administrator Lerud stated that staff can contact the DNR to see how to proceed and see if it can be done with a group of property owners that are not officially an HOA. He stated that it will be on the July 9, 2018 agenda once they get additional information. B. Commission Dustin Maddy Report on June 5, 2018 Planning Commission Meeting Planning Commissioner Maddy gave an overview of the items discussed at the June 5, 2018 meeting and their recommendations to the Council. C. Conditional Use Permit for Soil Extraction in Excess of 400 cu. yd Applicant: Schroeder Management, LLC Location: 27960 Smithtown Rd. Planning Director Darling explained the request for a CUP for soil extraction and noted that this property may look familiar to the Council because they had recently granted a CUP for an accessory building in excess of 1,200 sq. ft. and found through that process that this CUP would also be needed. She stated that the recommended conditions are to help decrease the impact to the lake, the adjacent properties and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 Page 5 of 8 traveling public. She noted that the Planning Commission is recommending approval and noted that one letter had been received from a nearby property owner in support of the application. Mayor Zerby asked about the Minnehaha Creek Watershed District requirements. Planning Director Darling noted that the applicants would have to have permits through the Minnehaha Creek Watershed District before they can start and will need to show them to the City. Sundberg moved, Zerby seconded, Adopting RESOLUTION NO. 18 -064, "A Resolution Approving a Conditional Use Permit to Allow Soil Extraction Over 400 cubic yards for Schroeder management for Property Located at 27960 Smithtown Road." Motion passed 310 D. Shoreline Setback Variance Applicant: Tschida Construction Location: 4495 Enchanted Lane Planning Director Darling explained the request for a setback of 40.1 feet rather than the 50 feet setback because of a man -made inlet created by a previous property owner that moved the high -water line closer. She stated that the City received 3 e- mails from residents approving the plans and noted that the Planning Commission recommended approval. Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 18 -065, "A Resolution Approving a Variance to the Required Setback from Lake Minnetonka on Property Located at 4495 Enchanted Lane." Motion passed 310 E. Zoning Ordinance Amendment — Body Art Establishment Applicant: Jonathan Higgins Planning Director Darling explained that the applicant would like to open a new business at 23670 Highway 7 in the shopping center that houses Cub Foods. She noted that the current zoning ordinance language does not have tattooing as a permitted use. She noted that the Planning Commission is recommending approval. Councilmember Sundberg stated she thinks it would be helpful if Mr. Higgins explained to the Council what he was proposing since she found it very interesting at the Planning Commission meeting. Jonathan Higgins, 6015 Seamans Drive, stated that he has been tattooing for six years and getting tattoos since he was 14. He stated that he currently works at Cloud 9 Tattoos in Elk River. He stated that he plans to call his business Historic Tattoos and also have a museum of tattoo art and culture and noted that he has filed paperwork with the IRS for non - profit status. He stated that he would like to educate people on the different types of tattoos and different application methods that have been used throughout the years. He also has plans to provide educational seminars and monthly workshops to help people understand the process and so people getting tattoos will be well informed and have less regrets. He stated that he would also like to focus on the art aspect to tattoos and plans for it to be a family friendly place. Councilmember Sundberg asked how much of the business would be tattooing and how much would be body piercing. Mr. Higgins stated that he wouldn't be doing any piercing and doesn't have any interest in providing that service. Councilmember Sundberg stated that she had done some checking with other cities and found that there has never been a problem with tattoo establishments, but they have had problems with establishments that provide body piercing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 . Page 6 of 8 Councilmember Johnson asked a hypothetical question about what an applicant would need to do to create a body piercing establishment in the City. Planning Director Darling stated that they would need to locate in the C -1 zoning district and would have to have a State license in order to operate. She stated that the Council could remove all references to piercing if they chose. She stated that she had actually already removed some of the "wilder" references. Mr. Higgins stated that he would support removing the piercing, if the Council chose to go that route, because he just wants to concentrate on tattooing. Sundberg moved, Zerby seconded, Amending the Draft ORDINANCE NO. 557, "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Body Art Establishments," to remove the third paragraph referring to Body Piercing. Motion passed 310. Sundberg moved, Johnson seconded, Approving ORDINANCE NO. 557, "An Ordinance Amending the Shorewood Zoning Code as it Pertain to Body Art Establishments ", as amended. Motion passed 310. Zerby moved, Johnson seconded, Approving RESOLUTION NO. 18 -066, "A Resolution Approving Publication of Ordinance No. 557 by Title and Summary." Motion passed 310. Johnson moved, Zerby seconded, Approving ORDINANCE NO. 558, " An Ordinance Amending the Shorewood City Code Pertaining to the Sale of Tobacco ". Motion passed 310. 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the 2018 Street Reconstruction, City Project 17- 04 City Engineer Fauske reviewed the planned project for Shorewood Lane, Mann Lane and Riviera Lane and the methods of construction. She stated that the City had received four bids and lowest responsible bid is from Midwest Civil Constructors, LLC. She noted that the planned project schedule would be to hold an open house on June 26, 2018 and start construction in July with the final completion being in spring of 2019. She stated that the goal is to complete the majority of the improvements before school starts in the fall, to minimize disruption to bus service. Mayor Zerby asked how residents would find out about the open house. City Engineer Fauske stated that postcards were mailed last week. Councilmember Johnson stated that City Engineer Fauske had described Midwest Civil Constructors as a "responsible" bidder and asked how staff came to the conclusions that they were responsible. City Engineer Fauske stated that they look at their work history in other communities. Public Works Director Brown stated that even though this company hasn't been around long, staff was able to search back through the individuals in this company and they could be traced back to Ames Construction and the Eureka project which was managed very well. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 18-067, "A Resolution Accepting Bids and Awarding Contract for the 2018 Reconstruction of Riviera Lane, Mann Lane and Shorewood Lane, and the Watermain Extension Along Yellowstone Trail (Club Valley Road to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 Page 7 of 8 Riviera Lane), Riviera Lane, State Highway 7 (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140 Lake Linden Drive) ", City Project 17 -04. Motion passed 310. B. Accept Resignation from Joe Lugowski, Utility Operator, and Authorize Advertisement for Hiring Utility Operator for Public Works. Public Works Director Brown stated that after 30 years and 7 months, Joe Lugowski has submitted his resignation and will be moving onto retirement. Mayor Zerby stated that Joe had been a big part of the City and he will be sad to see him go. Zerby moved, Sundberg seconded, Accepting the Resignation from Joe Lugowski, Utility Operator, and Authorize Advertisement for Hiring Utility Operator for Public Works. Motion passed 310. 9. GENERAL/NEW BUSINESS A. Electric Franchise City Administrator Lerud noted that Council had discussed establishing both electric and natural gas franchises and staff has been negotiating with Xcel Energy since late last year. He stated that negotiations had been completed last week. Johnson moved, Sundberg seconded, Approving ORDINANCE NO. 559, "An Ordinance Granting Northern States Power Company, a Minnesota Corporation, Its Successors and Assigns, Permission to Construct, Operate, Repair and Maintain in the City of Shorewood, Minnesota, an Electric Distribution System and Transmission Lines, Including Necessary Poles, Lines, Fixtures and Appurtenances, for the Furnishing of Electric Energy to the City, its Inhabitants, and Others and to use the Public Grounds and Public Ways of the City for Such Purposes." Motion passed 310. Johnson moved, Sundberg seconded, Approving ORDINANCE NO. 560, "An Ordinance Implementing an Electric Service Franchise Fee on Northern States Power Company, a Minnesota Corporation, its Successors and Assigns, for Providing Electric Service within the City of Shorewood." Motion passed 310. Johnson moved, Sundberg seconded, Approving RESOLUTION NO. 18- 068, "A Resolution Approving Publication of Ordinance No. 559, by Title and Summary ". Motion passed 310. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. SeeClickFix Administrator Lerud stated that the intent is to give an update every 6 months of the response time for SeeClickFix. He noted that there had been about a 50% increase in reports filed and staff is very pleased about the decrease in the "Days to Acknowledge ". Mayor Zerby noted that people seem to like the convenience of being able to report issues on -line. He questioned if there was an easier system to keep residents informed about their repair issues and the status of completion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 25, 2018 Page 8 of 8 Public Works Director Brown stated that they are still looking at a way to get progress reports to residents, but, haven't arrived at an on -line solution at this point. 2. Monthly Budget Report City Administrator Lerud stated that staff has begun the budget process and will plan to meet with the Council at the first work session in August to discuss the draft CIP and budget for 2019. Other Public Works Director Brown stated that he has one employee who is out on medical leave, but, at this point, he is unsure whether it will be short term or long term. Mayor Zerby stated that he had gotten a suggestion from a resident about street lighting at Smithtown and Eureka and asked staff to take a look and respond to the suggestion. City Engineer Fauske stated that in 2016, the City submitted an application for regional solicitation for federal funding for the trail connection on Galpin Lake Road and did not receive funding. She stated that this funding is available every two years and staff is gathering information to submit another application which is due July 13, 2018. Planning Director Darling stated that the City had submitted a grant application to rehab the playground area at Badger Park and the City was awarded a $150,000 grant. Mayor Zerby noticed that the trails appear to be done at the MCC Golf Course and some of the roads appear to be done. Planning Director Darling stated that they are on track even with all the rain that has been in the area lately. City Clerk Thone stated that two of the four election trainings have been completed and there are 15 new election judges this year. B. Mayor and City Council Councilmember Johnson asked that Joe Lugowski be invited to the employee appreciation event. Lerud said that was planned. 11. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of June 25, 2018, at 8:50 P.M. Motion passed 310.