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11-12-19 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 12, 2019 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. PLEDGE OF ALLEGIANCE: A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, 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: Councilmember Labadie B. Review Agenda Siakel moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of October 28, 2019 B. Approval of the Verified Claims List C. Holiday Schedule D. Approval of Assessment Agreements for Water Connections, RESOLUTION NO. 19 -101, "A Resolution Certifying Special Assessments on the 2020 Hennepin County Property Tax Rolls" E. Approval of Certifying Unpaid Charges RESOLUTION NO. 19 -102, "A Resolution Certifying Unpaid Charges on the 2020 Hennepin County Property Tax Rolls" F. Approval of Recording Secretary Contract with Timesaver CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 2of7 G. Approval of City Representative Appointments to the Lake Minnetonka Conservation District, RESOLUTION NO. 19 -103, "A Resolution Making City Representative Appointments to the Lake Minnetonka Conservation District" Motion passed 4/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING A. Vacation of Permanent Easement for Utility Purposes: Tonka Village Shopping Center, 5609 Manitou Road City Administrator Lerud gave an overview of the history of the request for vacation of the easement. He stated that if the Council decides not the vacate the easement, staff is recommending that new water and sewer lines be installed when the site work is being completed. Mayor Zerby opened the Public Hearing at 7:05 p.m. Richard Eng, 25170 Glenn Road, stated that he attended the last meeting when the Mayor from Tonka Bay told the City that this project is going through whether the City likes it or not. He asked if granting this easement would affect a possible future law suit by residents in this development. City Attorney Keane stated that he is not sure what claims could be brought against the City. He noted that the action in front of the Council tonight is not approval of the plan, but simply to consider the vacation of the easement as an accommodation to Tonka Bay. Mr. Eng asked if there was any implication in the courts if the City chose not to vacate the easement. City Attorney Keane reiterated that he does not know what claims may be made against the City because that would be complete speculation. He stated that the City of Tonka Bay has presented two separate plan options to the City. Councilmember Siakel explained to Mr. Eng that the request before the Council is not whether Tonka Bay can build this development. She showed a picture of what would be built if the easement is granted and showed a different picture of what would be built if the easement was not granted. She stated that she does not understand Mr. Eng's questions regarding lawsuits because it seems to imply the City has done something wrong. She stated that the City has most definitely done nothing wrong in this situation. She stated that the Council does not feel that this development is a good idea because of its proximity to the Public Works building. She asked Mr. Eng what stance he would like the City to take in this situation. Mr. Eng stated that he does not think the developer or the City of Tonka Bay has answered questions regarding traffic or storm water management for this development. He stated that he does not understand why the City would appease Tonka Bay and grant the variance especially because the mayor of Tonka Bay basically came before the Council and said they were doing it regardless of what the City of Shorewood thought. Councilmember Sundberg stated that she shares Mr. Eng's frustration, but whether this development moves forward is the decision of Tonka Bay. Councilmember Siakel reiterated that Tonka Bay did not consult the City of Shorewood before making their plans. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 3 of 7 Tony Kuechle, Doran Development 7803 Glenwood Road, Bloomington, explained which concept plan had been approved by the City of Tonka Bay. He explained that a traffic study has been completed and noted that although it did not take into account the vacant spaces in the shopping center, the study showed that there is only impact on traffic leaving the site and not Highway 19. He stated that there is a stormwater management plan. He noted that there is contamination on the site and they have budgeted for contaminated soil removal and remediation. He stated that he is not concerned about the noise because of the proximity to the Public Works building. He read aloud from a portion of the standard residential lease that acknowledges it is in an urban environment and provided a copy of it to the City Attorney. He explained the various scenarios that may require a temporary construction easement. There being no additional public comment, Mayor Zerby closed the Public Hearing at 7:20 p.m. Councilmember Sundberg asked if the second concept plan had been approved or if it was contingent on getting the easement vacated. Mr. Kuechle explained that procedure of how the plans would proceed with Tonka Bay. He stated that the plans that that the Council is looking at are just massing plans to ensure that they could get the desired number of units in the building. He stated that the most recent plans that they are working on for Tonka Bay have the buildings shifted a bit closer to the Public Works building. He noted that whether the easement is granted does not matter to their plans. Councilmember Johnson asked Public Works Director Brown if he had an opinion on this issue. Public Works Director Brown stated that he does not think the development will make a difference in their operation but is concerned about the noise and complaints from the residents. Mayor Zerby expressed his frustration that the Council has not seen the design of the development so it could see how their plans may affect the City. He stated that the Council has seen a rendering or the original plan, but not the proposed alternative plan. Councilmember Siakel asked if there was documentation of the contamination and noted that she hoped that it was not just a scare tactic by Tonka Bay or the developer. Mr. Kuechle stated that they have documentation of the soil contamination with a Phase 1 and a Phase 2 Environmental Report and have also filed a CCCP with the Minnesota Pollution Control Agency. He stated that he was unsure if a copy of that was given to the City. He stated that the contamination came from two sources, a dry cleaner and an auto body repair shop. He stated that he is happy to forward all the documents to the City. Councilmember Siakel asked how long Mr. Kuechle has known about the contaminated soil and stated that it would have been nice for the Council to know prior to this evening. Mr. Kuechle stated that he has known about it for some time but failed to realize that it crosses into the City of Shorewood. Mayor Zerby stated that he is inclined to not vacate the easement. Councilmember Sundberg stated that she is fine with that. Councilmember Johnson stated that he would be fine with that also, but can see the advantage in obtaining new utility lines at no cost to the City. He stated that his understanding is that if the City agrees to vacate the easement, then it will receive new utility lines that the City does not have to pay for. Zerby moved, Sundberg seconded, approving the RESOLUTION NO. 19 -104, "A Resolution Denying the Request to Vacate and Easement Across 5609 Manitou Road in Tonka Bay." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 4 of 7 5. REPORTS AND PRESENTATIONS A. 2019 Spring /Summer Photo Contest Winners City Clerk Thone gave an overview of the winners for the Spring /Summer photo contest and noted that one of the winners, Dawn Reese, is present tonight. Mayor Zerby congratulated the winners and announced that the photos would be on display in City Hall. There was a round of applause for Ms. Reese. 6. PARKS -NONE 7. PLANNING A. Report by Commissioner Riedel on October 22, 2019 Planning Commission Meeting Commissioner Riedel gave a brief overview of the October 22, 2019 as outlined in the minutes therein. B. Preliminary and Final Plat — Jarrett Addition, 5315 Howards Point Road, Sathre- Bergquest, Inc. Planning Director Darling explained that this request is to subdivide the property into two lots to allow for construction of a home on the northwestern side of the existing home. She explained the history of the property and noted that staff is recommending entering into an encroachment agreement for the items that will be located within the drainage and utility easement. She stated that the staff and the Planning Commission recommend approval subject to the conditions included in the resolution. Councilmember Johnson stated that there was a meeting last week regarding drainage in the Howards Point Road area and asked if this development would affect that at all. City Engineer Fauske stated that the area discussed was north of this area and drainage will not be impacted by this proposal. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 19 -105, "A Resolution Approving a Preliminary and Final Plat for Jarrett Addition at 5315 Howards Point Road." Motion passed 4/0. C. Planned Unit Development Amendment for Setbacks: 5820, 5840 and 5860 Prestwick Court Planning Director Darling stated that this request is to allow for flexibility with setbacks in the development along Prestwick Court in order to save two mature oak trees. She explained that the setbacks along Prestwick Court are varied and noted that the Planning Commission recommended approval subject to conditions included. Rick Packer, Gonyea Homes, stated that they agree with the recommendation. Councilmember Johnson stated that the likes the idea but wanted to make sure that there were not already lots that have been sold in the midst of the changing setbacks. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 5 of 7 Mr. Packer stated that 5880 Prestwick Court has been sold and believes it is in for permit with the City. Mayor Zerby stated that he knows that Mr. Packer worked very hard to save a lot of the trees when he worked for Mattamy Homes. Mr. Packer stated that there were very few heritage trees so he is happy that will be able to save these trees. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 19 -106, "A Resolution Approving an Amendment to the Minnetonka Country club P.U.D. for 5820, 5840, and 5860 Prestwick Court." Motion passed 4/0. 8. ENGINEERING /PUBLIC WORKS - NONE 9. GENERAL /NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Sale of Alcohol at Events held in City Parks Planning Director Darling stated that when the Council considered this item, they asked for a one - year update on the activities or impact from allowing the sale of alcohol at the events. She stated that there has not been any events or activities where alcohol has been sold and will provide an update next year. 2. Fire Lanes Enforcement Planning Director Darling gave an overview of the past discussions related to fire lanes in the City and snowmobilers wanting to use them to access Lake Minnetonka. She stated the study has not been completed. She stated that Councilmember Siakel, at the October 15, 2019 meeting, asked for the Council to discuss that until the study was completed, the City should enforce the existing regulations, which includes the prohibition of vehicles accessing Lake Minnetonka. She reviewed the procedure for enforcing these regulations, including sending a letter to interested adjacent property owners that the City will be enforcing them until the larger study has been completed. She stated that they would also send letters to residents who have blocked public access to the fire lanes and ask that permanent improvements and private property be removed. She stated that they would also place barriers in the Grant Lorenz fire lanes to prevent vehicle access. She noted that there is no action needed from the Council because this would be enforcing current regulations. Councilmember Sundberg asked when the study would be completed. Planning Director Darling stated that there is additional survey work that needs to be completed that should be able to happen during the winter months. Councilmember Siakel asked if the City has done any work to look at vacating the fire lanes and how it is determined which property they are attached to. City Attorney Keane stated that will require research into how the fire lanes were acquired or dedicated. He stated that it may be that they are dedicated from the center line to the adjoining parcels but will require research. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 6 of 7 3. Update on Mary Lake Public Works Director Brown stated that there were survey shots taken this afternoon that show the lake has been pumped down to the ordinary high -water line. He showed some pictures of the area and noted that the City will be taking down the pumping operations tomorrow. He noted that there have been several meetings with the watershed district and the DNR to discuss long term solutions to the issue. He noted that he and City Administrator Lerud met with Barr Engineering regarding the western drainage plan. Councilmember Johnson stated that he has heard from the residents in the area that they are very appreciative of the City and the ongoing efforts to help when with the water issues at Mary Lake. Other City Engineer Fauske stated that last Wednesday there was an Open House on the Glenn Road and Amlee Road project that was very well attended. Finance Director Rigdon reminded the residents that the Truth in Taxation hearing will be held on December 2, 2019 at 7:00 p.m. Planning Director Darling noted that Freeman Park playground is open. She showed pictures of the new equipment and explained that there is a memorial bench that will be installed after the concrete pad has cured. City Administrator Lerud stated that earlier this year, the Council discussed the possibility of working with the City of Excelsior to hire a Building Inspector that would be shared between the two cities. He stated that staff has been discussing and it believes the arrangement needs to benefit both cities. He stated that staff can see how this would benefit Excelsior but does not see how it would benefit the Shorewood. He stated that staff would like to continue with the services of Joe Pazandak and MnSpect for building inspection for the upcoming year, and unless he was given different direction by the council, he was going to inform Excelsior tomorrow. There was no further discussion. B. Mayor and City Council Councilmember Johnson noted that he will not be able to attend the November 25, 2019 Council meeting. Mayor Zerby noted that he had attended the Veteran's Day program at the Shorewood Community Center. He noted that it was a very nice event and was well attended. 11. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November 12, 2019, at 8:00 P.M. Motion passed 4/0. ATTEST: Sc Z6 rby, y o r CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES NOVEMBER 12, 2019 Page 7 of 7 ti(4" VAV"" - Sandie Thone, City Clerk