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10-22-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 22, 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; Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Sundberg. B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Motion passed 4l0. 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 Work Session Meeting Minutes of October 9, 2018 B. City Council Regular Meeting Minutes of October 9, 2018 C. Approval of the Verified Claims List D. Approval of 2018 Audit Engagement Letter E. Approval of 2018 Hennepin County Hazard Mitigation Plan, RESOLUTION NO. 18- 105, "A Resolution Adopting the Hennepin County All- Hazard Mitigation Plan." F. Accept Artie Fever Donation from HomeAdvisor and Mediacom, RESOLUTION 18- 106, "A Resolution Accepting Donations to the City of Shorewood 2019 Artie Fever Event." Councilmember Johnson thanked HomeAdvisor and Mediacom for their contributions to Artic Fever. Motion passed 410. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES OCTOBER 22, 2018 Page 2 of 7 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS - None 6. PARKS A. Accept Quote for PIP Rubber Surface at Badger Park Playground Planning Director Darling noted that the City had received a quote for the poured in place (PIP) rubber playground surface and noted that the price includes the aggregate, rubber, and installation. She noted that the installer requires a fifty- percent down payment now and the remaining payable after installation. Staff recommended approval. Councilmember Johnson asked if there was any difference in this price from what the Council had previously seen. Planning Director Darling stated that because the plans calls for concrete edging, this product does not need to be poured over an entire concrete bed, which brought the price down $33,000 from the original estimate. Siakel moved, Johnson seconded to accep t Playground, RESOLUTION NO. 18 -107, Surface." Motion passed 4/0. 7. PLANNING the quote for PIP Rubber Surface at Badger Park "A Resolution Authorizing Purchase of Playground A. Report by Commissioner Reidel on the October 2, 2018 Planning Commission Meeting Commissioner Reidel gave an overview of discussion and recommendations from the October 2, 2018 Planning Commission Meeting. He explained the request for two additional signs for the drive -thru at the Starbucks at 19285 State Highway 7. He noted that the Planning Commission was not certain that the digital confirmation board actually constituted additional signage and recommended approval of the request in a four /one vote, subject to the condition that the total area of the menu board and the pre -order board would not exceed thirty -two square feet. B. Variance Request for Additional Signage at 19285 State Highway 7 (Starbucks) Planning Director Darling stated that this variance request is for two free - standing signs to be located at 19285 State Highway 7. She explained that the applicant is proposing three signs including the menu board, a pre -sale sign and a digital order confirmation monitor. She presented pictures of the proposed signage. She noted that the pre -sale sign would be placed about a car length back from the order menu board. She stated that staff had initially recommended approval of the digital confirmation screen because of a change in technology and denial of the pre -sale sign because they felt it was just additional advertising. She noted that there was not data submitted that showed the pre -sale sign really improved the wait time in the drive - thru. She stated that the Planning Commission felt that having a few menu suggestions on the pre -sale sign may move people through the drive -thru process a little more quickly. She reiterated that the Planning Commission had recommended approval with some conditions. Councilmember Johnson asked if the canopy sign that says Starbucks was considered part of the total square footage. Planning Director Darling stated that the Planning Commission did not recommend that the order CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 22, 2018 Page 3 of 7 confirmation board be included in the total square footage amount and also recommended removing the signage that says Starbucks on the side of the canopy. Councilmember Siakel asked for staff's initial thoughts and recommendation regarding this application. Planning Director Darling stated that in the narrative from the applicant they had indicated that the pre -sale board could decrease the amount of time that vehicles spent deciding what they wanted to order, however, staff felt that there was not concrete information provided to support that claim. She stated that the information they submitted and her own research, she found split results on the effectiveness of the pre - sale boards to decrease wait times. Councilmember Siakel stated that when she thinks of a variance, she thinks of a hardship and she doesn't see a hardship in this situation. Planning Director Darling noted that the new language is "practical difficulties" and there are three tests that the City uses; reasonable request; self - created situation; essential character of the area. Mayor Zerby stated that he has concerns about light pollution with additional lighted signage Councilmember Labadie stated that her initial thoughts are that this is a self - created issue, is not a reasonable use and does not fit with the essential character of the area. She stated that she did not support the Starbucks in this location or vote in favor of the drive -thru and does not feel she will vote in favor of this variance. She stated that this was a split vote at the Planning Commission meeting with Commission Gorham voting in opposition. She asked if the minutes contained a good summary of what happened at the meeting or if there was more information that could be shared. Planning Director Darling stated that she felt the minutes reflected a very good summary of what happened and the discussion at the Planning Commission meeting. Commissioner Reidel stated that the Planning Commission discussed and shared the same concerns that the Council is raising. He stated that what tilted the majority in favor of granting this variance was the argument that this could, in some small measure, improve the traffic in this situation. He noted that the landscaping plan that is proposed has a significant row of trees between the business and State Highway Seven which could mitigate the possible light pollution. Councilmember Labadie asked about the information received by Planning Director Darling with relation to the pre -sale board. Planning Director Darling explained that there was a statement in information submitted by the applicant that said the pre -sale board would speed up the order times but she did not see any particular studies that would show that to be true. She stated that the closest thing she found had a split opinion on pre -sale boards, but noted that they had not looked at coffee shops in particular, just fast food establishments. She noted that she had attached the studies and suggested that perhaps the applicant could address some of the Council's questions. Jodi Keller, representing Hilton Displays, stated that she agreed that the information available on -line had not studied coffee shops. She stated that from personal experience using drive - thrus, she feels the pre -sale board allows her to see featured or seasonal items and helps her make up mind more quickly. She explained that the boards will be illuminated with LED lights and not neon. She stated that the lettering on the side of the canopy is acrylic and can be taken off easily. She noted that typically the digital order confirmation monitor is not viewed as a sign. Councilmember Labadie stated that in her opinion, she does not see the need to grant a variance to Starbucks. She noted that there is not any hard -core, concrete evidence that this will speed up cars going CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 22, 2018 Page 4 of 7 through the drive -thru. She stated that she has experience with this intersection that she feels is dangerous and unless someone can show her concrete evidence that this pre -sale board will decrease time spent in the drive -thru line, she will not vote in favor of this request. She stated that she will not risk voting in favor of this if it may increase the time in the line by even two seconds because she feels a great number of the customers in peak times will be high school students. She stated that she does not feel additional signage is needed and that the City does not need to grant a variance. Councilmember Johnson asked how much of the pre -sale board would be taken up with seasonal items rather than items that are on the main menu. Ms. Keller stated that it varies and explained that there are different switch -outs to promote other items, such as strictly breakfast items. She stated that she believes all of the current locations in Minnesota have a pre -sale board to increase the drive -thru pattern. Councilmember Johnson stated that if the pre -sale board is not taken up with the entire menu, it is not facilitating traffic flow. He stated that when this project was approved, there were a number of traffic improvements that were required and asked if they had been completed. Ms. Keller stated that she could not answer those questions. City Engineer Fauske stated that she had driven past the site today and it appears that the majority of the work on the Highway 7 frontage road is complete. Vine Hill still has work to be done, but it is nearing completion. Councilmember Labadie stated that Starbucks is a unique company that has its own language for sizes of beverages and she feels that the people that will be frequenting the establishment during peak times know the language and do not need a pre -sale board to help them. She explained that unless she is presented with evidence that this will in fact decrease the amount of time that cars will be in line, she agrees with Councilmember Johnson that this is merely advertising. Johnson moved, Labadie seconded, to direct staff to prepare findings of fact and a resolution to deny the variance request for additional signage at 19285 State Highway Seven, but allow the digital order confirmation monitor. Motion passed 4/0. C. Encroachment Agreement Request for 5855 Glencoe Road Planning Director Darling explained that this request is from property owners, Rick and Linda Denman who had recently subdivided their property. She noted that as a condition of the subdivision, the City required ten -foot easements along each of the existing and new property lines for both lots and required the applicant to remove the decks and other structures that encroached into the easements. She stated that when the homeowner removed the deck from the home, the applicant realized that the cellar door also encroached. She explained that the door is three feet wide and six feet long and was not included in the survey, so nobody noticed it until the deck was removed. She stated that this cellar door is the only way to get appliances and large items into the basement of the home. She explained that City Attorney Keane has worked with her to prepare an encroachment agreement which allows for the property owner to keep the cellar door until such time as the City needs to access the easement. She noted that the encroachment agreement would be recorded against the property and would apply to all future owners. Staff is recommending approval. Siakel moved, seconded by Labadie to approve RESOLUTION NO. 18-109 "A Resolution Approving the Encroachment Agreement for the property located at 5865 Glencoe Road." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 22, 2018 Page 5 of '7 8. ENGINEERING /PUBLIC WORKS - None 9. GENERAL/NEW BUSINESS A. Organized Garbage Collection Survey Proposal City Administrator Lerud stated that at the September 24, 2018 Work Session meeting, the Council directed staff to obtain a quote for conducting a scientific survey as part of the investigation of organized garbage collection for the City. He explained that he had contacted three firms and the City received one proposal back, from the Morris Leatherman Company. He stated that there was a question raised by a member of the audience that attended the work session about holding a city -wide referendum on this question. He gave background information on a Minnesota Supreme Court decision of a case by Hands Off Our Cans versus the City of Bloomington that said the petitioners do have a right under charter to make that request and have it be a ballot question because they are a home -rule or charter city. He stated that Shorewood is a statutory City, so it is prohibited from holding a referendum on this matter, but the City can use other means to solicit information from the residents, such as a survey. Staff is recommending approval of the proposal and noted that Morris Leatherman will sit down with the Council to craft the questions. Councilmember Siakel asked if surveying 400 of the 2,700 homes in the City should be enough information. City Administrator Lerud stated that Morris Leatherman are the experts, but assumes the City reserves the right to increase that number if they so desire, but it may also increase the cost. Councilmember Johnson stated that from his knowledge of statistics from his undergraduate work, 400 homes is more than what will be needed to obtain a "p value ". He asked that there be some communication with residents that the survey calls will be coming, with the hopes that it will increase participation. Councilmember Siakel stated that she would like to leave the process up to the experts. Councilmember Labadie asked if the survey questions would be available to the public beyond the 400 people. City Administrator Lerud stated that is at the Council's discretion. Councilmember Labadie stated that she is wondering about a resident who does not receive a phone call but would like to submit a written response that includes their name and street address. City Administrator Lerud stated that it would certainly be possible, but suggested keeping them separate than the ones the survey company is doing because they are conducting a scientific survey. Councilmember Siakel reiterated that she feels the City should leave the entire process up to the experts. Councilmember Labadie stated that she does not want a resident to come in three months after the survey and state that they never had a chance to have their voice heard. City Administrator Lerud stated that he receives calls from residents who express their opinion, so he is already gathering some of this information. Johnson moved, Siakel seconded, Accepting the Proposal from Morris Leatherman Company for an Organized Garbage Collection Survey. Motion passed 4/0. B. Purchase Agreement for Property on Smithtown Road Administrator Lerud explained that for the last year the City has been working cooperatively with the Minnehaha Watershed District to come up with a comprehensive storm water management solution for the western part of the City. He stated that it has been determined that an area for storage, volume, and rate control will be needed which will require land acquisition. He stated that a property was identified at 26245 Smithtown Road that is over four acres and the property owner was contacted to begin discussion about CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 22, 2018 Page 6 of '7 purchasing the property for that purpose. He stated that there is a tentative agreement that has a few revisions that were not in the packet. He gave a brief overview of the changes in the purchase and lease agreements. Mayor Zerby thanked the property owner for working with the City on this and noted how helpful this will be to the City. Siakel moved, Labadie seconded, Approving RESOLUTION NO. 18 -110, "A Resolution Approving the Purchase Agreement for the property located at 26245 Smithtown Road." Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Finance Director Rigdon noted that since it is close to year end he is estimating that there will be about a $230,000 surplus. He noted that it is largely due to the large amount of permit revenue that the City has received. He stated that he is also estimating a positive outcome in the expenses side of things at $77,000 under budget. Mayor Zerby expressed his thanks for the style of reporting that Finance Director Rigdon submitted because it was very easy to understand. 2. Investment Report Finance Director Rigdon explained that the City's priority order is safety, liquidity, and yield. He noted that the investment portfolio was at about $10,000,000 at the end of September 2018 with the average yield at two point three to two point four percent. Mayor Zerby reiterated that he also liked the way this report was laid out for the Council. Zerby moved, Siakel seconded, to accept the quarterly investment report as submitted. Motion passed 31011 (Johnson - abstained). Other Director Brown stated that the watermain flushing continues on the west end of the City. He stated that he has checked on the light but Excel Energy forces are down south taking care of hurricane damage which has delayed the installation. City Engineer Fauske stated that some of the striping has been freshened up throughout the City and are still planning to complete the painting on the crosswalks. She stated that there is rock being put down on Riviera Lane with curbing scheduled to be poured on October 24, 2018 and paving next week, weather permitting. She stated that for Mann Lane, they are continuing to wait for the utility pole and services to be moved. Planning Director Darling noted that the goats were delivered to Freeman Park last week and she feels they have done an admirable job clearing the buckthorn. Councilmember Johnson stated that he had heard that an unleashed dog was able to make it into the electrified fence. Planning Director Darling stated that was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES OCTOBER 22, 2018 Page 7 of 7 correct and noted that there are phone numbers listed on the enclosure if they need to be contacted for this type of situation. Mayor Zerby reminded everyone that the City does not allow unleashed dogs at the parks. City Clerk Thone stated that early voting has been very busy and that seven days before the election, direct balloting will begin. She noted that the City will be open on Saturday, November 3, 2018 from 10:00 a.m. to 3:00 p.m. for early voting. City Administrator Lerud reminded the Council that the first meeting in November will be Tuesday, November 13, 2018 due to the Veteran's Day holiday. B. Mayor and City Council 11. ADJOURN