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01-25-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 25, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Planning Technician Notermann, Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Callies moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of January 11, 2021 B. Approval of the Verified Claims List C. Approval of Davey Resources Group Contract Amendment D. Approval of Increase in Credit Card Limit E. Appointment of Hearing Officers, Adopting RESOLUTION NO. 21-005, "A Resolution Appointing a List of Hearing Officers." F. Approve Mayor Emergency Declaration 21-01, Adopting RESOLUTION NO. 21-006, "A Resolution Approving Mayoral Declaration 21-01. " Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 2 of 9 Matthew and Jennifer Lafontaine 25165 Glen Road noted that he and his wife have already spoken with most of the Council about this issue. He stated that they would like to ask the Council to consider a reduction in the size of the cul de sac for Glen Road from ninety feet down to seventy feet. He explained that he has also spoken to City Engineer Budde about this proposal. The rationale for this request is because there is a general lack of traffic going down Glen Road, financial savings for the City, tree preservation, and would allow them to retain some of their privacy and quietness of the lot. He noted that seventy feet allows for plenty of room for a snow plow. He stated that their intent is not to push against the project, as a whole, but to find a balance for the City to be able to accomplish what they want while allowing them to retain what they think makes their home unique and special. Mayor Labadie thanked Mr. Lafontaine for his comments and noted that the Council will direct their suggestion to staff and if appropriate, it will be brought back before the Council on a future agenda. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Mangold and Commissioner Riedel on January 12, 2021 Park and Planning Joint Commission Meeting Park Commissioner Mangold and Planning Commissioner Riedel gave an overview of the discussion at the January 12, 2021 Joint Park and Planning Commission meeting. Mayor Labadie thanked the Park Commission and the Planning Commission and noted that she had attended their most recent meeting. She stated that there were disagreements in the voting, but it was all done with complete and utter respect for one another. 7. PLANNING A. Report by Commissioner Riedel on January 5, 2021 Planning Commission Meeting Planning Commissioner Riedel gave an overview of the January 5, 2021 Planning Commission meeting as reflected in the minutes. B. C.U.P. for Antennas on the West Water Tower Location: 26352 Smithtown Road Applicant: Verizon Wireless Planning Director Darling stated that this item is a request by Verizon Wireless to install six new antennas on the existing water tower. She reviewed the location of the antennas and noted that the equipment would be housed in the existing AT&T structure at the base of the water tower. Staff has added a condition to the approval that antennas and all equipment be painted in order to match the water tower. She stated that staff and the Planning Commission are in support of this application and explained that the City had received one letter in support of the application. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 3 of 9 Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-007, "A Resolution Approving a Conditional Use Permit for an Antenna Collocation on an Existing Water tower and Related Equipment for Verizon Wireless at 26352 Smithtown Road." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. C. Variance Request for Setback to Property Line Location: 5730 Club Lane Applicant:" Roger and Roberta Aronson Planning Technician Notermann gave an overview of the variance request for a setback to the property line for a fire pit and patio. She stated that the firepit and patio have already been constructed and installed and are approximately twenty feet from the north property line that abuts Smithtown Road where a thirty -five-foot setback would be required. She explained that their contractor told them that this project did not require any extra permission or need to adhere to the setbacks because it was just landscaping, which is why it was installed without getting a permit. She stated that the reason for the location of the firepit and patio is due to the location of the rain garden infiltration area in the southwest corner of the property and the topography of the remainder of the backyard. The Planning Commission voted unanimously to deny the variance request because they did not find that the location of the rain garden was a practical difficulty. Councilmember Johnson asked if the infiltration area was already built and if it had been approved by the City. Planning Technician Notermann explained that the infiltration area was approved by the engineering department but she is unsure if it was finalized and constructed before winter. Councilmember Callies asked if the issue was that the contractor was unaware that no structure could be placed within the setback. Planning Technician Notermann stated that no improvement can be placed in the setback. Councilmember Siakel asked when this was discovered and noted that this resident had also come before the Council at the last meeting asking for a variance to fence height. Planning Director Darling stated that the applicant did not have their request for the variance in time to have it reviewed with the CUP for the fencing. Councilmember Callies asked if the City was aware that this patio was already there and how it came to the City's attention. Planning Director Darling explained that it came to the City's attention when there was an inspection conducted by the building official when he was doing the final review of the property before issuance of a Certificate of Occupancy. Councilmember Callies stated that to her, this seems a bit different from the other patio that was discussed by the Planning Commission where the patio was built years ago by the previous owner. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 4 of 9 Councilmember Siakel stated that she questions whether this is egregious enough to warrant the cost of ripping out the materials. She stated that if you buy property that is next to a road you should know what you can and cannot do, especially when it is a brand-new home. Councilmember Johnson asked about the increase in the size of the rain garden and whether that impacts the ability to move the firepit away from the setback. City Engineer Budde stated that the early site layouts that were submitted the did not include some of the paver patio so in subsequent submittals the City realized that they were adding more impervious surface which triggered the need for a larger infiltration basin. He stated that he feels there is room to move the firepit and patio that will be within the appropriate setbacks. Planning Commissioner Riedel noted that one of the issues that came up at the Planning Commission meeting is that it cannot be moved too close to the house because there is a twenty- five -foot setback from the structure which makes it a bit difficult because of the topography of the lot. Councilmember Johnson asked if this was above grade or at grade. City Engineer Budde stated that he has not seen it on site, but assumes it is at grade. Planning Director Darling stated that she believes it is slightly lower than Smithtown. Councilmember Callies stated that while a firepit adds something to the property, it is not something that is necessary for someone's home. She stated that it seems clear that it was the contractor who made the error and noted that perhaps the remedy for the residents lies with the contractor. Councilmember Johnson stated that the two things that make it unique in his opinion are the fact that it is adjacent to Smithtown Road and not to an adjacent property, and the location of the infiltration basin. He stated that he does not feel this is that egregious but understands the Planning Commission's decision to recommend denial. Mayor Labadie stated that her main concern is that this is brand new construction. Councilmember Johnson stated that if there were letters from every single neighbor around them, that could be another thing that may sway his opinion, but feels this is all new construction that could have all been planned for. Callies moved, Siakel seconded, Adopting RESOLUTION NO. 21-008, "A Resolution Denying a Request for a Variance to Side Yard Setback for Property Located at 5730 Club Lane." Roll Call Vote: Siakel, Callies, Labadie voted Aye. Johnson voted Nay. Motion passed. D. Variance Request for Setback to Lake Minnetonka Location: 454 Lafayette Avenue Applicant: Christian Dean Architecture CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 5 of 9 Planning Director Darling gave an overview of the variance request for a setback to Lake Minnetonka by Christian Dean Architecture for the home located at 454 Lafayette Avenue. She explained that the home was built prior to modern shoreland regulations. The new homeowners are expanding the home and gave an overview of the two areas that require variances. The Planning Commission recommended approval of the request. She stated that the City received two letters supporting this request and were also a number of residents who spoke at the Planning Commission meeting also in favor of the proposal. Christian Dean stated that he is happy to answer questions from the Council. Councilmember Johnson noted that one of the a -mails submitted regarding this request contains an incorrect statement that he would like to correct for the record. He stated that this e-mail states that the City denied the request by The Yacht Club to turn more of their slips from sail to power. He stated that is inaccurate statement and the City did accommodate that. He stated that he agrees with the Planning Commission discussion and recommendation that this is well designed and was already non -conforming. He stated that he also feels the architect has done an admirable job designing this project. Councilmember Callies asked if there was a non -conforming shed on the property. Planning Director Darling explained that there is a legally non -conforming garage on the property and because they are not taking out the entire structure, she did not require that it be removed. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-009, "A Resolution Approving a Variance to the Ordinary High -Water Level of Lake Minnetonka for Property Located at 454 Lafayette Avenue." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. E. Variance Request for Setback to Lake Minnetonka Location: 4320 Dellwood Lane Applicant: Lecy Brothers Planning Director Darling gave an overview of the variance request for setback to Lake Minnetonka to replace various stoops at 4320 Dellwood Lane. She explained that this home was constructed right before the modern shoreland regulations were in place and the setbacks were measured differently than they are now. Staff and Planning Commission both recommend approval. She noted that staff had recommended the patios be removed to reduce the impervious surface on the property and because they are closer than fifty feet to the lake. The Planning Commission was concerned that requiring long-standing non -conformities to be removed as part of a variance application could discourage others from coming forward and apply for permits for future improvements and recommended approval of the application without staff's condition. Andy Johnsrud, Lecy Brothers, explained that they had removed eight hundred and nine square feet of hard surface and are only adding back three hundred and seventy-five by removing some walkways and a patio near the lake. He reviewed the proposed changes for the stoops. Tim Ehlan 4320 Dellwood Lane, stated that he is available to answer questions from the Council, but feels both Planning Commissioner Riedel and Mr. Johnsrud explained everything very well. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 6 of 9 Councilmember Siakel stated that everything makes total sense to her and feels this is an improvement. Councilmember Johnson stated that he agreed. Councilmember Callies stated that this situation feels different to her than the prior agenda item because these structures have been there for a long time and is an improvement. She asked about the meaning of item C2 in the resolution language. She stated that her understanding is that the recommendation was not to require them to remove any more impervious surface. Planning Director Darling stated that they C2 refers to the impervious surface that the applicant is proposing to voluntarily remove that Mr. Johnsrud had already mentioned. Councilmember Johnson asked if those areas have already been removed. Planning Director Darling stated that her understanding was that they had not yet been removed. Mr. Johnsrud clarified that they have actually removed those areas already. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 21-010, "A Resolution Approving a Variance to the Ordinary High -Water Level of Lake Minnetonka for Property Located at 4320 Dellwood Lane." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 8. ENGINEERING/PUBLIC WORKS A. Approval of Smithtown Pond Feasibility Study and Authorization for Final Plans and Specifications, City Project 20-07 City Engineer Budde gave a brief overview of the feasibility study for Smithtown Pond. He noted that the Council authorized preparation of the study in June of 2020 and noted that it is building off the information from both the hydrological/hydraulic analysis completed for Freeman Park and the Western Shorewood Drainage Study. He reviewed the current conditions and issues and known concerns that are occurring both upstream and downstream. He reviewed the objectives, possible routing, and the three options for the Smithtown Pond. He compared the threes options and reviewed what the City had already budgeted for this project and noted that the City has also applied for a number of grants. He stated that the City has been coordinating and communicating with the Minnehaha Creek Watershed District, the National Pollution Discharge Elimination System, the Army Corps of Engineers, and the Hennepin County Regional Rail Authority. He gave an overview of the proposed schedule with construction to be substantially completed by May of 2022 and explained that staff is recommending Option C. Don Eslesen 26055 Shorewood Oaks Drive, asked if the forty -eight -inch stormwater drain and an eight -inch sump drains would be co -mingled. City Engineer Budde stated that they would not be co -mingled. Mr. Eslesen asked for details on the location of the eight -inch pipe CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 7 of 9 City Engineer Budde gave details on the current thought in this situation and explained that the eight -inch pipe would parallel the forty -eight -inch pipe. Mr. Eslesen stated that he believes the sump and stormwater drain are currently co -mingled. City Engineer Budde confirmed that in Shorewood Oaks those are currently co -mingled. Allen Yeltsi 26335 Peach Circle, stated that he abuts the Smithtown Pond project on the southwest corner. He stated that he has some concerns and would like the see the City address things like mosquito control and have a plan to address it up front. He stated that if something goes wrong in this situation, his property is most likely the one that will flood. He noted that he also supports Option C, but asked the City to consider things like ice and spring melt that may cause issues and cause it to flood his property. He stated that he hopes that the City will not just come in and clear cut the area and leave some of the existing buffering in place. He stated that he would like to see which areas that will be left in their natural state, which ones will be clear cut, and where there will be new plantings. He stated that he would like to make sure that the project manager is clearly identified so the residents have someone that they can contact who is actually in control of what is happening on the project. He stated that he has concerns with ground drainage that has become more difficult in recent years. He asked if the City anticipates that the construction of the ponds and removal of the soil and vegetation in these areas will impact the level of the water table and exacerbate it or improve it. City Engineer Budde stated that he believes these improvements will lower the water table which he considers as an improvement. Mayor Labadie noted that if Mr. Yeltsi had specific questions, he is welcome to reach out to City Engineer Budde for more specific answers. Mr. Yeltsi stated that there are construction issues, safety issues, and budget issues as well as measurement of whether this project successful did what the City is spending a large amount of money to do. He stated that he would like to see some of those elements built into the final plan so it is clear what it was before construction and this is what it is post construction to show that the project worked as planned. He expressed his appreciation for the good engineering for this project but noted that he would just like to see it more complete. Councilmember Johnson stated that he has always liked the idea of a meandering trail connecting the light rail to Smithtown Road that sort of mimics Gideon's Glen and explained that he is all for Option C. Councilmember Siakel stated that even though Option C costs a little bit more, she believes it makes the most sense and solves the problems the City is facing. Mayor Labadie stated that she also favors Option C. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-011, "A Resolution Approving the Feasibility Study for Authorizing and Preparing Plans and Specifications for the Smithtown Pond Project, City Project 20-07." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 8 of 9 Mayor Labadie explained that during discussion for item 7C, a resident lost the connection and was unable to comment during that agenda item. She stated that she would like to give them an opportunity to comment at this time even though the Council has already voted on that item. After waiting a few minutes, Mayor Labadie explained that it appeared that the Aronson's were still having difficulty with their connection. She encouraged them to reach out to City Hall and speak with Planning Director Darling or contact her with their comments. 9. GENERAL/NEW BUSINESS A. Telecommunications Lease - Verizon City Administrator Lerud explained that the City has been in negotiations with Verizon and has reached a tentative agreement to lease space on the City's west water tower. Staff recommends approval with the satisfaction of the conditions identified in the CUP. Councilmember Johnson asked how often the City was invoking the escalator clauses on other telecommunication leases. City Administrator Lerud explained that there are annual escalator clauses and for this one, the City wanted a higher initial amount rather than larger increases. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-012, "A Resolution Approving an Agreement with Cellco Partnership d/b/a/ Verizon Wireless for Space to Install Antennas and Related Equipment on the City's Water Tower Located at 26352 Smithtown Road." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2020 Building Permit Summary Report Planning Technician Notermann gave a brief summary of the 2020 Building Permit Report and noted that the City issued forty-four building permits with twenty-four being homes in the Minnetonka Country Club. She noted that the total permit revenue for 2020 was three hundred ninety give thousand five hundred sixty-seven dollars. 2. 2020 Rental Housing Program Report Planning Technician Notermann gave a brief summary of the 2020 Rental Housing Program Report and explained that the City issued forty-three rental licenses. She explained that due to COVID-19 a majority of these were issued without in -home inspections so they are considered conditional licenses that will require an inspection when it is safe to do so. Other Planning Director Darling explained she has been corresponding with the school district about their intent to purchase the property at 19685 Highway Seven which is the building that was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 25, 2021 Page 9 of 9 previously used for the Park Nicollet Medical Clinic. She stated that the school district would like to use this building for a program called Transition to Adult which is for mildly impaired children and young adults to teach them life skills such as cooking, laundry, and building a resume. City Administrator Lerud stated that the City worked with Bolton & Menk and received a grant from the Department of Transportation for the Galpin Lake Trail. He stated that the City has also been working with Representative Morrison to put in a request for a bonding bill for that stretch and also working with Senator Osmek on a companion bill in the senate. B. Mayor and City Council 1. City Attorney and Prosecutor RFPs Mayor Labadie explained the past Council discussion about seeking RFPs for the City Attorney and City Prosecutor. She stated that the Council had agreed that she, Councilmember Callies, and City Administrator Lerud would meet to discuss this matter and as a result of that discussion they are recommending that the City seek RFPs for both positions. Callies moved, Labadie seconded, to move forward with the RFP process for the City Attorney. Roll Call Vote: Johnson, Siakel Callies, Labadie voted Aye. Motion passed. Callies moved, Johnson seconded, to move forward with the RFP process for the City Prosecutor. Roll Call Vote: Johnson, Siakel Callies, Labadie voted Aye. Motion passed. Mayor Labadie noted that she had attended her first Police Board meeting last week and reminded the Council that the appointments made last week are all in effect. She suggested that if any of the Council has questions about when the various boards and commissions meet to reach out to City Administrator Lerud for assistance. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of January 25, 2021, at 9:10 P.M. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. ATTEST: Je fifer tabadie, Mayor San fie Thone, City Clerk