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11-13-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 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 7:03 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, Labadie seconded, approving the agenda as presented. Motion passed 4/0. Mayor Zerby welcomed the Scouts from Troop 4424 out of Excelsior. He explained that they were at the meeting to work on their Communications Merit Badge by attending a public meeting where different viewpoints are expressed. He noted that after tonight's meeting the Scouts will be asked to write a brief report on the views that were expressed. ►1 Mayor Zerby reviewed the items on the Consent Agenda. Labadie moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of October 22, 2018 B. Approval of the Verified Claims List C. Approval of Assessment Agreement RESOLUTION NO. 18 -112, "A Resolution Approving Assessment for 25840 Smithtown Road." D. Approval of Unpaid Assessments RESOLUTION NO. 18 -113, "A Resolution Certifying Unpaid Charges on the 2018 Hennepin County Property Tax Rolls." E. Holiday Schedule F. Approval of Contract Addendum with TimeSaver Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2018 Page 2 of 6 There were none. 4. PUBLIC HEARING A. 7:00 P.M. Public Hearing —Vacate Utility Easement Applicant: John Johannson Location: 27968 Smithtown Road Mayor Zerby opened the public hearing at 7:06 P.M. Planning Director Darling summarized the request submitted by John Johannson who recently purchased the property and would like to demolish the existing home and rebuild a new home on the same property. She noted that in 1972, a sewer easement was acquired for the property and the sewer was later installed. She stated that the easement twists through the property and the pipe was constructed along the edge. She stated that the applicant has proposed to vacate the original easements and dedicate new easement centered over the main. She stated that staff is recommending approval because the rededicated easements would be better situated for both the city and the applicant. There being no public comment, Mayor Zerby closed the public input portion of the hearing at 7:09 P.M. Labadie moved, Siakel seconded, to approve RESOLUTION NO. 18 -114 "A Resolution Vacating Sewer Easement for Property Located at 27968 Smithtown Road." Motion carried 4/0. 6. PARKS A. Report by Commissioner Rock on October 23, 2018 Park Commission Meeting Commissioner Rock gave a brief overview of the discussion at the October 23, 2018 meeting. He stated that the Commission had talked about the possible replacement of portions of the equipment at Freeman Park, or the possibility of upgrading the entire facility. He noted that the Parks Commission would like to have a variety of equipment at this site. He stated that they had also discussed a request for soccer nets for Manor Park and decided that they need a deeper discussion surrounding pros and cons of having the nets there year - round. He stated the Commission had also discussed the choice of a color for the poured in place rubber surface at Badger Park and Planning Director Darling will be bringing them specific color samples to consider at the next meeting. Councilmember Labadie asked if the City had approached Tonka United about the possible soccer nets. She stated that they are a high user of the Freeman Park fields. Planning Director Darling stated that there are a few athletic associations that use Manor Park and they have their own nets and keep them locked up when they are not using the fields. She noted that the request for consideration of year -round nets came from an adjacent property owner who would like to see them there for kids to have pick up games. She noted that the discussion at the Park Commission was around whether to provide the nets for that purpose. Councilmember Labadie asked if the City were to purchase the nets whether they should also be concerned about theft. Planning Director Darling noted that this is one of the details that they would like to discuss with Public Works Director Brown as well as how they will be stored during the winter months. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2018 Page 3 of 6 Councilmember Johnson asked how the Park Commission planned to reach out to the neighborhood and find out what their interest is in having the soccer nets available. Commissioner Rock stated that he was not sure but one of the ideas is to simply invite them to the next meeting to give their feedback. 7. PLANNING A. Report by Commissioner Davis on October 30, 2018 Planning Commission Meeting Commissioner Davis gave a brief overview of discussion at the October 30, 2018 Planning Commission meeting. She noted that they had recommended the City release the draft Comprehensive Plan 2040 to adjacent communities with a few small revisions. B. Release Draft Comprehensive Plan 2040 to Adjacent Jurisdictions Planning Director Darling stated that the City had been guided by NAC and WSB through the Comprehensive Plan process. She noted that the Planning Commission held a public hearing on October 30, 2018 where one person requested to speak. She stated that the City had also received one letter from a citizen regarding the Comprehensive Plan. She summarized the three changes recommended by the Planning Commission. She explained that one of the proposed changes is on the land use map that had a parcel listed as vacant that has had a home on it since 2015. She stated that there are two other areas on the land use map that do not accurately represent the current land use and recommended a change from minimum density to low density residential. She stated that the Planning Commission would also like to see more language in the policies chapter regarding tree management, not just simply preservation. Mayor Zerby thanked staff and the Planning Commission for all the hard it took to get the Comprehensive Plan completed. Siakel moved, Labadie seconded, Approving RESOLUTION NO. 18 -115, to include the changes recommended by the Planning Commission and Release the Draft Comprehensive Plan for 2040 to Surrounding Jurisdictions and Affected Agencies. Motion carried 4/0. C. Variance Request for Additional Signage — Revised Resolutions —At 19285 State Highway 7 (Starbucks) Planning Director Darling indicated that the City Council had decided to recommend denial of the request for a pre -sale sign, but had no resolution for denial in front of them. Staff had previously requested the item be continued to prepare the appropriate resolutions with findings of fact. Johnson moved, Siakel seconded to Adopt RESOLUTION NO. 18 -108, "A Resolution Granting a Variance for Property Located at 19285 State Highway Seven, for a Digital Order Confirmation sign." Motion carried 4/0. Johnson moved, Labadie seconded, to Adopt RESOLUTION NO. 18 -116, "A Resolution Denying a Variance for Additional Freestanding Signage for Property Located at 19285 State Highway Seven." Motion carried 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2018 Page 4 of 6 A. Accept Improvements and Authorize Final Payment for 2018 Sealcoat Project, City Project 18 -05 City Engineer Fauske stated that the work has been completed by Allied Blacktop and noted that it came in slightly above budget. Staff is recommending approval. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 18-117, "A Resolution Accepting the Work and Authorizing Final Payment for the 2018 Seal Coat Project. City Project No. 18 -05." Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Internet Proposal City Administrator Lerud stated that the current internet speed at City Hall is very slow at three megabytes per second. He stated that the cost to increase the speed with the current provider is quite high. He noted that Jaguar Communications has been working on a project in Chanhassen of expanding their fiber line and were contacted to see if they would be interested in doing a similar project in the City. He stated that they then got together with existing internet provider and brought a proposal to provide internet service to the City Hall campus area to increase to one hundred megabytes per second for one hundred dollars more than what the City is currently paying and require a five -year contract. Staff recommends approval. Zerby moved, Johnson seconded, to Approve the Proposal from Warner and Jaguar Communications to Update the City Hall Campus Internet Connectivity, as present. Motion passed 4/0. B. Shorewood Community and Event Center Rates Administrator Lerud explained that the proposed rates would be rolled out after the name change on January 1, 2019. He noted that the local, non - profit rate is fifty percent of the residential rate. Councilmember Labadie stated that she feels this facility is a great amenity for residents and the local, non- profits. She stated that it has a full kitchen and can be rented out hourly. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 18 -118, "A Resolution Approving Shorewood Community and Event Center Rental Rates." Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Building Permit and Rental Permit Update Planning Director Darling stated that at the last Council meeting, the Finance Report showed that building permits and revenues were up from past years. She stated that she wanted to give the Council an update on new construction which have shown a significant increase for new home building permits. She noted that many of them are located on the Minnetonka Country Club location, but are not all in that location. She stated that there were forty -eight new homes and thirty -seven of them were located in the Minnetonka Country Club. She noted that there are also six additional permits pending that have come in since she tabulated her information and is expecting even more permits by the end of the year. She stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2018 Page 5 of 6 additions to existing homes have also increased across the City. She stated that there have also been additional homes inspected and licensed for rental. Councilmember Labadie asked what constitutes a rental home in the City. Planning Director Darling stated that anyone who is renting out their home for another family to live in, would require a rental license. She noted that residents would not need a rental license if they were living in the home but renting a portion to a roommate or if you purchase a home for a relative to live in. Mayor Zerby asked about a situation where you have a boat house on the lake and want to put it on Air BNB to rent out. Planning Director Darling explained that there are not supposed to be people living or staying in accessory buildings. 2. Water Leak Report Public Works Director Brown stated that the Council should have all received notification over the weekend of the watermain break that occurred near Nightsbridge Road. He stated that crews came in fairly quickly and the water was only turned off for a few hours. He stated that there is also a service line near Badger Park that is leaking and showing up in the parking lot. He stated that they are waiting for the test results from the new watermain that runs down Riviera Lane before it can be used as an alternate route in order to make repairs. He stated that the light at Smithtown Road and the LRT has been installed. He stated that he will be working on training people to use the GPS over the winter and hopes to gather information to share to the Council in the future. Other City Engineer Fauske stated that the paving construction project has been completed and hydro -mulch will be put down on November 16, 2018. She noted that a second flush had been conducted on the new watermain and will be retested. She stated that once all the bacteria tests are completed, they will let residents know that they are available for hook -up to the system. She stated that in light of some comments made at previous Council meetings, she wanted to express the commitment from WSB to the City both with her role as City Engineer and the company in their role as consultant. City Clerk Thone stated that the City had a really successful election year and congratulated Councilmembers Siakel and Labadie on their re- election. She stated that there was an eighty - percent turn out rate which was a record for a mid -term election. She expressed her appreciation for the City election staff, Public Works employees and the fifty election judges that assisted in helping the day run smoothly. City Administrator Lerud noted that the ceiling tiles had been installed at the Shorewood Community and Event Center and thanked Larry, Scott, Chris and Chris from Public Works, as well as Tim, Julie and Joe for taking part of their day to help install the tiles. He stated that he had also spoken with the Tonka Bay administrator today and they have received a proposal from their baseball team to put up lights at the Manitou baseball fields. He noted that there will be a public hearing on the proposal on November 27, 2018. He stated that typically cities do not inform nearby residents in adjacent cities, but he would like to notify about a dozen residents on Amlee Road about this proposal. B. Mayor and City Council Councilmember Labadie stated that she would like to have staff extend an invitation to the newly elected State representatives and invite them to a work session in the next few months, where the Council could CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 13, 2018 Page 6 of 6 relay some of the cities concerns. She stated that she attended a Veteran's Day ceremony and passed a thanked those who attended. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of November 13, 2018, at 7:55 P.M. Motion passed 4/0. ATTEST: A Sandie Thone-, C43 Clerk