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08-13-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 13, 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, and Siakel; City Attorney Keane; City Administrator Lerud; finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and City Engineer Fauske Absent: Councilmember Sundberg and City Clerk Thone B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Special Meeting Minutes of July 23, 2018 B. Approval of City Council Work Session Minutes of July 23, 2018 C. Approval of City Council Regular Meeting Minutes of July 23, 2018 D. Approval of the Verified Claims List E. Approval of the Change Order No. 4, City Project 17 -13, RESOLUTION NO. 18 -076, "A Resolution Approving Change Order No. 4, for the 2017 Pavement Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue)" F. LMCIT Liability Waiver Form, RESOLUTION NO. 18 -077, "A Resolution Electing to Not Waive Statutory Tort Limits for Liability Insurance" G. Authorize Job Offer for Building Official position Motion passed 4/0. 3. MATTERS FROM THE FLOOR - NONE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 2 of 7 4. PUBLIC BEARING - NONE 5. REPORTS AND PRESENTATIONS A. Mike Meehan, South Lake Minnetonka Police Department (SLMPD) Chief Chief Meehan explained that the Coordinating Committee for SLMPD had approved the 2019 budget on July 11, 2018. He noted that there had been $40,000 taken out of 2017 surplus funds to keep the overall budget increase at two and one -half percent. He stated that he was happy to answer any questions that the Council may have about the budget. Councilmember Siakel stated that using surplus revenues to pay for the increase seems to be common and asked if there was something that the Council should have done in the past to ensure nothing is missing from the budget. Chief Meehan stated that in 2017 the budget was $150,000 under and the Board was very generous to help the SLMPD move towards best practices. The additional $40,000 was not needed at that time, so it was kept in reserves until it was needed for this budget cycle. He stated that there was not anything missing in the budget and noted that they are fortunate to be overseen by a board that has really given them a lot of good equipment and has treated the officers well. Mayor Zerby expressed his appreciation for the patrols being more frequent and patrol cars being more visible in the City. He also thanked them for their communication and for keeping the Council informed on the higher profile incidents that effect the City. Councilmember Labadie thanked Chief Meehan for attending the meeting tonight and commended him for the well prepared and easy to follow budget. Johnson moved, Labadie seconded, to accept the SLMPD 2019 budget, as presented. Motion carried 4/0. B. Scott Gerber, Excelsior Fire District (EFD) Chief Chief Gerber thanked the City for their continued support and explained that the Fire District Board approved the 2019 budget on July 26, 2018. He stated it shows an overall 3.96 percent increase, but the specific amount maybe different for each member city. He noted that they have great equipment, facilities and people to provide the services necessary to the community. He stated that he could answer any questions the Council may have regarding the budget. Mayor Zerby asked for an overview on the changes that are happening with staffing and the duty crew. Chief Gerber explained that they are moving towards using a duty crew, which means that each station is staffed with two people. He reviewed examples of how things would work when various types of calls came in with full duty crews. He explained how the computer operated dispatch system works. He noted that he would be happy to come to a work session and discuss staffing in greater detail. Mayor Zerby stated that he would like to see more communication going out to the entire Council and not just the Fire District Board and the City Administrator when there are incidents that may affect the City. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 3 of 7 Siakel moved, Labadie seconded, to accept the EFD 2019 budget, as presented. Motion passed 4/0. A. Authorize acceptance of bid for professional services (Badger Park) Planning Director Darling stated that staff and the Park Commission has been putting together a potential layout for Badger Park and has done as much as they can without having professional assistance. She noted that staff has solicited proposals from two firms to mold the preliminary concept plans into construction documents as well as provide construction management to complete the project. Staff is recommending entering into an agreement with Loucks. Councilmember Labadie expressed concern that the plans would take six to eight weeks and then would proceed to bid and construction. She asked about the timeframe for project completion. Planning Director Darling stated that some of the grading could be completed this fall, but construction of the buildings would be done next spring. Councilmember Labadie asked if the six to eight -week timeframe was unusually long or normal. Planning Director Darling noted that the other company that submitted a bid had a similar timeframe. She noted that Loucks indicated that they could start work right away and the other company could not begin the planning work until sometime in September. Siakel moved, Zerby seconded, to approve RESOLUTION NO. 18 -07$ "A Resolution Accepting a Professional Services Proposal with Loucks for Professional Engineering Services for Badger Park Playground Area ", City Project 18 -07. Motion passed 4/0. 7. PLANNING A. Report by Commissioner Gorham on 07 -17 -18 Planning Commission Meeting Commissioner Gorham gave an overview of the discussion at the July 17, 2018 Planning Commission meeting. He stated that regarding the amendment to the P.U.D. allowing it to exceed the height limit, they found the code language is there, but it is confusing compared to another section of the code. He noted that the Commission voted four to zero to recommend approving the amendment. He stated that the other issue on this agenda was disposal of the public property at 22000 Stratford Place and the Planning Commission also voted four to zero to recommend the disposal of the property provided the property is being sold at market value. B. P.U.D. Amendment for Building Height: Minnetonka Country Club Planning Director Darling noted that since the report was prepared, the applicants have sold some of the lots and are reducing the number of lots requested from 40 down to 34. She noted that staff and the Planning Commission are recommending approval of amending the P.U.D. Councilmember Labadie asked why staff was recommending approval of an amendment that affects 34 lots. Planning Director Darling stated that it allows for a greater variety of homes within the subdivision which gives more flexibility to property owners and would take away some of the cookie cutter appearance. She CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 4of7 noted that the developer was willing to put this on the lots that are not as visible and either back up to nature areas or other homes in the subdivision. Mark Sonstegard, Lennar Homes stated that the third addition homes were Gonyea Homes, so he could not speak that to portion of the development. Lennar Homes is in the process of buying the second addition. He stated that the amendment request basically only applies to walk -out lots. He stated that they have sold two or three homes in the second addition, but they are pending approval of this amendment through the City before they can get started. He stated that in the first addition they have done the rambler /one -level homes that meet the current conditions. Councilmember Labadie stated that she sees the benefit to the developer and the potential property owners, but questions the benefit to the City for granting such a large amendment. She stated that she would like more of an explanation as to why this would benefit the City. Planning Director Darling reiterated that this allows for a greater variety of homes and would give a wider variety of options for the housing stock in the City. Mr.Sonstegard, assured the Council that they did review the existing codes before coming into the community, however they missed the portion about the average grade being defined as the lowest grade. He explained the code language for building height being defined as the distance between the peak and eave and the average grade of the lot, which is a normal condition in the Twin Cities. He stated what they missed was a few pages later in the code it states that average grade is defined as the lowest grade. He stated that the benefit of granting the amendment is to keep the project going and not have to wait for six to twelve months while the homes are redesigned. He stated that there is also added benefit in being able to build more than just rambler style homes. He stated that the only place where this amendment will be visible and noticeable is from the back of the home and not from the street side, which is why these particular lots were chosen. Councilmember Labadie questioned why the six lots that were recently sold did not cause a six to twelve- month delay. Mr. Sonstegard noted that those lots are part of Gonyea Homes and they are a custom builder. He stated that they had lowered the eave and created a larger roof line in order to get a better average and are not really lowering the height of the house significantly. City Attorney Keane stated that the uniqueness of the Shorewood calculation for average height is unique to the City. He stated that he has worked with the standards of other communities throughout the metro area and the measurement of the average grade is not usually the lowest elevation. He stated that he understands how the developer got tripped up on that part of the code. Councilmember Siakel asked what the market had turned out to be for the villa homes because it was initially thought it would attract snowbirds. Mr. Sonstegard stated that the main market has been the empty nester that loves the community and wants to stay here and noted that they are expecting many of them to leave for a few months during the winter months. He stated that the villas are located in a maintenance free portion of the development. Councilmember Siakel asked about the price point for these properties CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 5 of 7 Mr. Sonstegard stated that the villas are running between $700,000 and $800,000 and the single- family homes are in the upper $800,000 to $1,000,000 range. Councilmember Labadie asked if the staff was expecting other amendments that are similar in nature to this request. Planning Director Darling stated that she is not expecting anymore amendments to the P.U.D. She noted that the Planning Commission did ask her to take a look the way the City measures height to consider cleaning up the code. Councilmember Labadie stated that she would like to see the code be as clean as possible and allow as few amendments as possible. Siakel moved, Zerby seconded, to approve RESOLUTION NO. 18 -079, "A Resolution approving a Third Amendment to the Development Agreement for Minnetonka Country Club P.U.D. ". Motion passed 4/0. 8. ENGINEERING/PUBLIC WORKS - NONE 9. GENERAL/NEW BUSINESS A. Noise Study for area south of Badger Park Planning Director Darling reminded the Council that at the June 12, 2018 meeting, the homeowner at 5790 Echo Road, Ron Goetz, expressed his concern with the noise level during practices and games at the multi- purpose field at Badger Park. At that time, staff contracted with WSB to perform a noise study in the area. It was found that the difference in the noise level on Mr. Goetz's property is higher than the neighbor to the west, however, it is within the State Statute for allowed noise levels. She stated that WSB did present some options that may help to reduce noise. The options were: construct a six to eight -foot berm; construct a noise barrier /sound wall; increase the plantings. The consultant noted that you need a depth of 200 feet of forest to absorb sound, so that option was unlikely to reduce noise levels in this location. She noted that the other two options also have drawbacks, for the berm it would be that it would complicate the construction of the ADA trail that is being planned for the park and the drawback for the noise wall is the cost at $36 per square foot. Councilmember Siakel stated that she took a drive over to the area to take a look and it appears to already be pretty well forested between the properties. She asked if Mr. Goetz was willing to have more plantings on his property in order to create a noise barrier. Planning Director Darling noted that there were excess trees after the tree sale and those were planted on Mr. Goetz's property. Councilmember Labadie stated that Mr. Goetz reported this in June and asked if the consultant was comfortable that they actually caught some loud games on the field. Planning Director Darling noted that a boy's game was monitored. Councilmember Siakel asked how many nights a week the field was being used for lacrosse games and whether the usage extends beyond 8:00 or 9:00 p.m. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 6 of 7 Planning Director Darling stated that she believes the field is booked about five nights per week. Public Works Director Brown stated that from what he has observed, the games usually end by about 9:00 p.m. and people are usually cleared out by about 9:30 p.m. Councilmember Siakel stated that it is hard to control noise at a park. Her only idea is some additional trees to create greater density. Mayor Zerby stated that the City needs to be careful with the precedent this may create and noted that it is below the State statute noise levels from the EPA. Administrator Lerud noted that a copy of the noise study was sent to Mr. Goetz, 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Public Alert Administrator Lerud gave an overview of the public alert system and how it can be used. He expects there will be an initial test next week to see how the system is functioning. 2. Administration of the Wetland Conservation Act Planning Director Darling stated that in 2008, the City had a joint powers agreement with the Minnehaha Creek Watershed District to provide Wetland Conservation Act administration. She explained that at this point, Riley Purgatory Creek Watershed District has talked to staff about taking back the Wetland Conservation Act jurisdiction over the portion of the properties that are within their jurisdiction. She stated that it would be far simpler if each property owner only had one watershed district jurisdiction to work with. She noted that there will be an item on the agenda at the next meeting to consider rescinding the resolution that created the joint powers agreement with the Minnehaha Creek Watershed District and reauthorizing the Riley Purgatory Creek Watershed District. Other Public Works Director Brown stated that staff is continuing to work with Xcel Energy on the lighting issue brought up at the LRT meeting. Staff is trying to avoid the addition of another power pole, which is what Xcel is proposing, so they are working on exploring all other alternatives. He noted that the property at 19245 State Highway Seven, also known as the Starbuck's site, had the second building demolished today. He noted that this property used to receive its water supply from the back side of the lot by the City of Minnetonka and explained that their policy for any service that is disconnected and will no longer be used is to be removed at the main. He noted that this should happen next week and will require a detour along Vine Hill Road. He stated that sealcoating is scheduled to begin August 21, 2018 with Allied Blacktop and will be completed by September 30, 2018. Mayor Zerby asked about the light that is out at Badger Park and the installation of the monitor system. Public Works Director Brown stated that the Badger Park light is on the electrician's list. He stated that the monitoring system is on -line with the SCADA systems. He noted that the contracts have been signed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2018 Page 7 of 7 for the replacement of the motor control center for Boulder Bridge. He explained the plans for uninterrupted water supply while the work is being completed. Mayor Zerby asked about the cosmetic work on the building in that area. Public Works Director Brown stated that the Boulder Bridge HOA has requested that the side of the building match the side of what was the old milking parlor. He is hoping this project will happen in the next few weeks and will include both siding and cedar shakes. City Engineer Fauske stated that there has been a road closure in the Yellowstone Trail area as the watermain installation moves forward. She stated that they are also continuing to work on Riviera Lane. She stated that she had also attended a meeting today with Hennepin County regarding the Mill Street overlay. She stated that Valley Paving is planning to start work late next week, so there will be some delays in that area as well. She noted that some of the concrete replacement at Badger Park had been completed and a list of some of the trees and vegetation that are showing some stress has been shared with the contractor and will need to be replaced as part of the warranty. She stated that the sidewalk connecting the South Shore Center with the lacrosse field was also installed late last week. Mayor Zerby stated that the MCES project appears to be done, but there is still caution tape along the area. Public Works Director Brown stated that this appears to be a popular spot for cars to park. He explained that they wanted the vegetation to establish itself before it was opened up for routine traffic, which is why the caution tape is still in place. Mayor Zerby noted that the gas main in front of Cub Foods has been painted, but they also appear to be digging more and doing some work. City Engineer Fauske stated that she was not sure what they were working on. Finance Director Rigdon noted that staff is working on the 2019 operating budget and will be bringing it to the Council for consideration in two weeks. Planning Director Darling noted that there are a lot of new homes being constructed and believes that six new house permits went out on Friday. B. Mayor and City Council - NONE 11. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of August 13, 2018, at 8:17 P.M. Motion passed 4/0. ATTEST: Sandie Thone, City erk