Loading...
12-10-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 10, 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, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None B. Review Agenda Labadie moved, Sundberg seconded, approving the agenda as presented. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Councilmember Johnson expressed his appreciation to Camp Smile Pediatric Dentistry and Lucky Station for their donations towards Arctic Fever. Johnson moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of November 26, 2018 B. City Council Regular Meeting Minutes of November 26, 2018 C. City Council Truth-in-Taxation Meeting Minutes of December 3, 2018 D. Approval of the Verified Claims List E. 2019 Open Book Meeting Date, RESOLUTION NO. 18-126, "A Resolution Setting the 2019 Open Book Meeting." F. Public Works AFSCME Contract Tentative Settlement G. 2019 Non-Union Wage Recommendation H. Accept Artie Fever Donation, RESOLUTION NO. 18-127, "A Resolution Accepting Donations to the City of Shorewood 2019 Arctic Fever Event." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 2 of 10 I. Approval of Seasonal Hires: Ice Rink Attendants J. Designation of 2019 Polling Place Locations, RESOLUTION NO. 18 -128, 66A Resolution Designating 2019 Polling Precinct Locations for the City of Shorewood." K. General Election Update L. December 31, 2018 City Hall Closure M. Change Order 1 for Boulder Bridge Well Motor Control Center Replacement Project, RESOLUTION NO. 18- 129, "A Resolution Approving Change Order Number 1 for the Boulder Bridge Motor Control Center Replacement Project, City Project 18 -01." N. Approval of Tree Sale Motion passed 510. 3. MATTERS FROM THE FLOOR - None 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS A. Employee Recognition and Service Awards i. Patti Helgesen — 35 years On behalf of the Council and the residents of Shorewood, Mayor Zerby presented Ms. Helgesen with a clock acknowledging her thirty -five years of service to the City. ii. Brad Mason — 20 years On behalf of the Council and the residents of Shorewood, Mayor Zerby asked Public Works Director Brown to pass along the award to Brad Mason for his twenty years of service to the City. Public Works Director Brown stated that since day one, Brad Mason has been a very inventive person and is key to their operation. He stated that Brad is a very talented individual and the City is very fortunate to have him. City Clerk Thone explained that Mr. Mason had planned to attend tonight's meeting, however it is also his thirtieth wedding anniversary and his wife had made other plans for their evening. iii. Michelle Nguyen —15 years On behalf of the Council and residents of Shorewood, Mayor Zerby thanked Michelle Nguyen for her fifteen years of service in the accounting department and noted that her award would be given to her at a later time. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 3 of 10 iv. Brett Baumann — 5 years On behalf of Council and the residents of Shorewood, Mayor Zerby presented Brett Baumann with an award for his five years of service to the Public Works Department. Public Works Director Brown stated that he credits Brett with making some great changes in the department restructuring and noted that he is a perfect fit for the way the City operates. He expressed his thanks to Brett's wife, Amanda, for her support to the department by stopping by and bringing them treats. B. 2018 Year -end Deer Management Report Administrator Lerud noted that the program concluded in mid - November and the report was included in the packet. He explained that the City has been asked to participate in the Three Rivers annual aerial deer count which will happen in February. Mayor Zerby stated that the consensus from residents seems to be that the program is working well. 6. PARKS - None 7. PLANNING A. Report by Commissioner Eggenberger on November 20, 2018 Planning Commission Meeting Commissioner Eggenberger gave an overview of the discussion from the November 20, 2018 and the discussion regarding the items on the agenda. He noted that they had recommended approval to the variances to setbacks at 28015 Woodside Road unanimously. He explained that the request for a variance to impervious surface coverage was recommended for an approval on a three to one vote. He stated that the Planning Commission voted unanimously to deny the recommendation for a pool setback variance at 6035 Spruce Hill. B. Variances to Setbacks and Impervious Surface Coverage at 28015 Woodside Road for Doug and Amie Thesingh Planning Director Darling explained that the variance to the setbacks was to add an open porch to the north and east sides of the home at 28015 Woodside Road as well as a variance to allow for more impervious surface. She noted that at the November 20, 2018 Planning Commission meeting, it was found that the applicants request met the minimum requirements for a variance and had worked to minimize their project by reducing the impervious surface coverage. She explained that the votes were four to zero for the setback variance and three to one for the impervious surface coverage variance. Sundberg moved, Siakel seconded, to adopt RESOLUTION NO 18 -130 "A Resolution approving a variance to the side setbacks and impervious surface coverage on the property located at 28015 Woodside Road," Motion passed 510. C. Variances to Pool Setbacks at 6035 Spruce hill Court for Sally and Tim Butler CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 4of10 Planning Director Darling noted that the applicants for this request had a brief scheduling conflict, but are planning to be to the meeting in a few minutes. Mayor Zerby stated that the Council can skip ahead on the agenda and return to this item when the applicants are present. 8. ENGINEERING/PUBLIC WORKS - None 9. GENERAL /NEW BUSINESS A. Adopt 2019 Property Tax Levy and 2019 General Fund Budget Finance Director Rigdon gave a brief overview of the general fund budget and property tax levy for 2019. He stated that the overall budgeted expenditures in the general fund are at $6,319,948 which is a 1.4 percent increase over 2018. He noted that the overall general fund revenues are at $6,273,532, which is a 3.5 percent increase. He explained that to balance the budget there is a proposed use of reserves in the amount of $46,416 which is a decrease from the amount of reserves used in 2018. He stated that the property tax levy is set at $5,530,322 which is a 3.0 percent increase over the 2018 levy, which results in a slight decrease to the city property tax rate. Councilmember Siakel commended Finance Director Rigdon for his clear communication style and stated that she feels he has done a good job for the City. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18-1329 "A Resolution Adopting the 2019 General Fund Operating Budget and Approving the Property Tax Levy Collectible in 2019." Motion passed 510. B. Adopt 2019 -2028 Capital Improvements Plan and 2019 Budgets for the Shorewood Community and Event Center, Capital Project Funds, and Enterprise Funds Finance Director Rigdon explained that this item essentially encompasses everything but the General Fund and is a combination of a lot of things. He noted that the ten -year Capital Improvement Plan is not a mandate, but simply a guide for the City. He explained that there is a planned transfer of $70,000 for the Shorewood Community and Event Center to assist with operations as well as a $32,300 to assist with building improvements. He noted that the adoption of these budgets does not limit the Council's ability to look at them throughout the year and modify them as needed. Mayor Zerby reiterated Councilmember Siakel's comments about Finance Director Rigdon's work on the budget. He stated that Finance Director Rigdon has helped the City look forward in some of the budgeting areas better than they have in the past. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18- 133, "A Resolution Adopting the 2019 -2028 Capital Improvement Plan, 2019 Shorewood Community and Event Center Budget, 2019 Capital Project Fund Budgets, and 2019 Enterprise Fund Budgets." Motion passed 510. Mayor Zerby noted that the applicants for item 7C, have arrived so the Council will go back to that item on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 5 of 10 7. PLANNING —Continued C. Variances to Pool Setbacks at 6035 Spruce Hill Court for Sally and Tim Butler— Continued Planning Director Darling explained that this request is for a setback variance to place a pool and a patio on the north side of the home located at 6035 Spruce Hill Court. She gave an overview of the current setback requirements in the City for this zoning district. She stated that at the November 20, 2018 Planning Commission meeting it was found that although there are some limitations on the property based on its configurations, it was felt that the property owners still have reasonable use of the lot without a pool and voted four to zero to deny the variance request. Tim Butler, 6035 Spruce Hill Court, stated that there is a seventy -foot easement behind their lot that is not buildable. He stated that feels the location of the pool they are proposing is reasonable because of the easement behind their property and is wooded on two - thirds of the perimeter which will block the view of the pool by their neighbors. He noted that he has gotten six letters of support from his neighbors for the pool and the location in the back yard. He stated that if they were to put in a pool in the sideyard, it would have to be smaller and would require the well to be moved. He noted that it would also be visible to three of the neighboring homes. Councilmember Johnson asked if Mr. Butler had contacted the developer of the Minnetonka Country Club development to inquire about purchasing the easement. Mr. Butler stated that he had made a call to Lennar Homes, but had not heard back from them yet. He stated that if they were open to selling the easement to him, he is open to purchasing it. He stated that he questions the assessment of reasonableness made by the City. He read aloud some information from the League of Minnesota Cities land use variances document that is dated November 15, 2017 relating to reasonable use. Councilmember Sundberg asked if Mr. Butler had taken a look at the options that the staff and Planning Commission had suggested. Mr. Butler stated that he had looked at them and noted that he does not see a big difference between three feet and a five feet width for the patio. He stated that the other items are things that they intend to do, but he would like to have more usable space surrounding the pool. Aaron Lutz, 30 Northup Avenue Tonka Bay, stated that they have contacted the original surveyor who did the survey with regard to the rain gardens. He explained that the surveyor had contacted City Engineer Fauske and another engineer at WSB that worked with the City on the hardcover regulations. He stated that the surveyor is willing to do the work to create the ran gardens as soon as approval is given. Councilmember Labadie stated that it feels like there are still some moving parts that need to be solidified before the Council can make a decision. She stated that she would support granting an extension in order to give the applicant some time on those items and have it brought back to the Council later. Councilmember Sundberg asked Planning Director Darling for clarification on the options outlined in the packet. She asked if it meant that if the applicant was willing to agree to the options outlined, then approval would be granted. Planning Director Darling stated that the conditions included in the packet were meant for the circumstance of either the Planning Commission or the Council approving the variance, then those conditions would CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 6 of 10 apply. She explained that it was not meant to imply approval to the applicant if they agreed to those conditions. Councilmember Siakel stated that there still appears to be a question of whether there is a hardship in this situation and a reason to approve a variance. She noted that Mr. Butler had cited some text from the League of Minnesota Cities and asked City Attorney Keane if he had a comment on that document and language. She stated that in her opinion that document refers more to a building and not an amenity, such as a pool. City Attorney Keane stated that there is a distinction between the reasonable use of one's property to have the essential necessities to use the property, such as a home and a garage, and an amenity such as a pool. He noted that he is not sure the same standard would apply. Mr. Butler stated that the term "undue hardship" is no longer the standard and the term "practical difficulty" is now used. He provided a copy of the document to the Council. Councilmember Sundberg asked if the neighbors supported his proposed location. Mr. Butler stated that all of the neighbors that he has been able to contact support the location behind his home. Councilmember Siakel stated that she would support Councilmember Labadie's suggestion to give Mr. Butler time to talk to Lennar Homes about acquiring the easement behind his property. She reiterated that she feels a pool is an amenity and not an essential use of the property. Councilmember Sundberg stated that there are a lot of things on a property that are considered amenities and she is not sure that term is a fair term to use for a pool. Councilmember Labadie stated that she agrees with Councilmember Siakel that in this case, a pool is an amenity. Mr. Butler stated that in his research of the Comprehensive Plan and the League of Minnesota Cities, he has not seen anything that calls out the distinction of a pool being any different than a building or a shed as being an amenity. He stated that he believes calling a pool an amenity is simply an opinion. City Attorney Keane asked if there was a sixty -day review deadline approaching. Planning Director Darling stated that the review deadline is January 27, 2019 so this item could be continued to the January 14, 2019 meeting without any issues. Labadie moved, Johnson seconded to Continue the Discussion Relating to Pool Setbacks and Variance at 6035 Spruce Hill Court for Tom and Sally Butler to the January 14, 2010 Council meeting. Motion passed 510. 9. GENERAL/NEW BUSINESS - Continued C. Street Light Request at Ferncroft Drive and Minnetonka Boulevard Planning Director Darling stated that the City had received a petition from Kay Engle on behalf of a group of neighbors requesting a street light at the intersection of Minnetonka Boulevard and Ferncroft Drive. She stated that the petition had been signed by fifteen residents requesting the light because the intersection is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 7 of 10 very dark and is used a bus stop for the children. She stated that staff had contacted Xcel and found there are a few options for a street light in this area. She reviewed the potential options and noted that staff is recommending a cobra fixture on the existing pole due to cost considerations. She stated that if that option is not possible, then staff is recommending a shorter pole with a decorative fixture. Kqy Engle, 21115 Minnetonka Boulevard stated that she has concerns about using the existing pole. She noted that she had driven by the light that is at the intersection of Ferncroft Drive and Ivy Lane and it is very dim and does not light up much of the area. She stated that she did not think the existing pole would illuminate much of the area and thinks the shorter decorative light will illuminate the corner better. Sue Stenga, 21105 Minnetonka Boulevard, stated that she thinks their house will be the one most impacted by the light and is opposed to having the light located at the intersection of Minnetonka Boulevard and Ferncroft Drive, but is not opposed to having a light somewhere in the area. She stated that she feels the proposed existing pole location will illuminate the intersection. She reiterated that she is not opposed to a light in the area but does not want one at right at the corner. Lauren Stenga, 21105 Minnetonka Boulevard, stated that she is Sue Stenga's daughter and is currently living at home. She would like to make this home her primary residence at some time in the future. She stated that she takes care of a child with epilepsy that has a genetic mutation called SMC 1 AG. She stated that the mother of this child has recently moved out of Excelsior because of the alarms that go off three times a day were a hazard to her daughter's health. Ms. Stenga explained that the child will begin living with her at this residence beginning in January and the plan is for her to continue to provide long term care, even when the child moves back to her mother's home, at this location and is concerned about the effect of the lights. Natasha Kettleson 4755 Lymon Court stated that she would prefer there not be a street light in this location, but if it is approved, she asked that it be directed straight down so light is not flooding the area. She stated that she feels part of the charm of the area is the darkness. he stated that she does not see a lot of people here voicing strong support of the light, so she would ask the Council not to put in a light at the intersection. She stated that if the City feels a street light is necessary, she asks that it be small and the light contained to that specific location. Ms. Engle stated that she would support a smaller light but feels that Ferncroft Drive needs more illumination than Minnetonka Boulevard. Mayor Zerby stated that he is confused by some of the information and asked if there had been a street light in this location in the past. Planning Director Darling stated that he is referring to the light pole that is located at Ferncroft Drive and Ivy Lane. She noted that after the pole was moved, Ms. Engle contacted Xcel and told them that the light was never reinstalled and that situation has been rectified. Councilmember Johnson noted that many of the signatures on the petition live in the vicinity of the Ivy Lane light and wonders how many of them were concerned about that light rather than the one on the corner of Ferncroft Drive and Minnetonka Boulevard. He noted the petition had listed both of the lights, but one of those has already been taken care of by Xcel. Councilmember Labadie stated that the City cannot change the bus routes CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 8 of 10 Councilmember Sundberg asked about the illumination from a cobra fixture versus the lower decorative light. Planning Director Darling stated that the new LED lights are focused directly downwards and brighter than the old style of light however, the taller the pole, the wider the light is thrown. Councilmember Siakel stated that she is leaning towards taking a look at putting a light in this location. Councilmember Sundberg stated that she feels the safety issue needs to be considered and that the City not just pick the existing pole, unless that is the most that will help the most safety. She stated that if there is a way to have a timer mechanism so this light can be turned off by 10:00 p.m. every evening that would be great. Councilmember Labadie stated that the high schoolers get on the bus in the morning when it is dark and the middle school students get off the bus in the evening when it is dark so there should be something that makes this a safer intersection. Councilmember Johnson stated that he feels that at least six of the residents that signed the petition may have already had their issue fixed when Xcel came out and turned on the light at the other location. He stated that he feels there are already lights in the vicinity. He stated that needs more information before he will be willing to vote in favor of this light. Sundberg moved, Siakel seconded, to approve the request for locating a new street light at the intersection of Ferncroft Drive and Minnetonka Boulevard with a lower pole, to address safety at the bus stop, and direct staff to pursue the option of being able to turn the light off at a specified time in the evening. Motion passed 4/1 (Johnson). REPORTS ��STAFF AND COUNCIL A. Administrator and Staff 1. Water System Contacts City Administrator Lerud stated that the City had sent out direct mailings and put an article in the newsletter regarding the water system. He explained that the City had sent 126 letters to property owners who have paid the assessment and have not hooked up and 1.20 letters to property owners who have water available but have not paid the assessment or hooked up to the service. He noted that the City had received fifty-six calls on various properties and have had one new connection in 2018. He stated that seven households have informed that City that they intend to connect in 2019. He stated that staff is planning to send out another mailer in March as a reminder to residents. 2. Street Project Open Houses Update City Engineer Fauske noted that two open houses have been held based on the new communication plan. She noted that on November 28, 2018 an open house was held for the islands, but it was a snowy day and there was a very low turnout. She stated that she did have a few phone calls with residents whom the weather had kept them from joining the open house. She stated that the open house for the Woodside neighborhood was held on December 4, 2018 and there were eight attendees and there was good discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 9 of 10 She noted that some residents were interested in changing the above ground utilities to underground utilities. She stated that the next open house is scheduled for December 18, 2018 for Glenn Road /Amlee Road /Manitou Lane. Other Public Works Director Brown stated that all of the electronic signage such as the speed awareness signs are not liking the cold weather and snow. He gave an update on the various signs and the efforts to get them back up and running properly. He noted that there are two separate projects going on at the Boulder Bridge well house at 28125 Boulder Bridge Drive. City Engineer Fauske stated that this afternoon staff met with some residents that live along Grant Street to ensure that the data that has been collected addresses their concerns in that area. City Administrator Lerud asked Council to respond to the dates for the Council retreat so it can be scheduled. B. Mayor and City Council Councilmember Sundberg stated that she had met earlier today with the newly elected representative Kelly Morrison. She stated that Ms. Morrison indicated that she is planning to make the rounds to upcoming Council meetings. She stated that she came away from the meeting with the feeling that Ms. Morrison will be very responsive to requests for information and assistance to the City. She asked what the latest is on the Tonka Bay development because the Council has been getting calls from people asked about it. Planning Director Darling stated that the latest update she has received is that the developer was meeting with the Council at a work session. City Administrator Lerud stated that he believes it was discussed at their November 27, 2018 meeting and it is still early in the concept stage. He stated that he believes they have engaged an engineer to conduct a traffic study. Mayor Zerby stated that he had received a request from a resident who attended a recent meeting, Joe Schneider, who wanted the City to get more involved in organic waste and recycling. He suggested that perhaps the City could form a small committee that Mr. Schneider could chair to take a closer look at the issue. There was a Consensus of the Council to form a small committee with Mr. Schneider to look into organic waste and recycling in the City. Mayor Zerby stated that he had received a phone call from Dean Phillips who said that they will be forming quarterly mayors' meetings for the Lake Minnetonka area. He stated that he had attended the monthly meeting for the Regional Council of Mayors today where they discussed reliability rather than sustainability. He stated that he had also attended a meeting for the Lake Minnetonka/Excelsior Chamber of Commerce where there was discussion about how the cities can work together more effectively. Mayor Zerby read aloud the following statement: The City Council is going to recess the meeting and enter into a closed session, pursuant to Minnesota Statute 13D.05, Subd. 3A for the purpose of conducting a, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 10, 2018 Page 10 of 10 performance review for the City Administrator. The regular meeting will be re- opened following the closed session. Mayor Zerby recessed the meeting at 8:37 p.m. and reconvened the open meeting at 9:29 p.m. Mayor Zerby explained that the Council had completed its performance review of City Administrator Lerud. He stated that the Council appreciated the work Administrator Lerud has done. Zerby moved, Johnson seconded, to move City Administrator Lerud's 2019 pay, effective January 1, 2019 to 19C on the adopted pay scale. Motion passed 5/0. 11. ADJOURN Sundberg moved, Labadie seconded, adjourning the City Council Regular Meeting of December 10, 2018, at 9:30 P.M. Motion passed 510. ATTEST: -tao�f UvkL Sandie Thone, City Clerk