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06-24-24 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 24, 2024 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Labadie called the meeting to order at 7:00 P.M. A. Pledge of Allegiance B. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Present. Mayor Labadie; Councilmembers Callies, Maddy, Sanschagrin, and Zerby; City Attorney Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Planning Director Darling; Park and Recreation Manager Czech; City Engineer Budde; and Communications and Recycling Coordinator Wilson (via electronic means) Absent: None C. Review Agenda Sanschagrin moved, Maddy seconded, approving the agenda, as presented. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. Maddy moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of June 10, 2024 B. City Council Regular Meeting Minutes of June 10, 2024 C. Approval of the Verified Claims List D. Approve WAC Assessment Agreement, 25695 Birch Bluff Road, Adopting RESOLUTION NO. 24-047, "A Resolution Approving and Adopting a Special Assessment." E. Authorize Service Agreement with Barr Engineering F. Approve 2025 Annual Tree Sale G. Approve Finance Director Hire CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 2 of 12 H. Approve Food Trucks for Public Events — Concert in the Park and Movie in the Park, Adopting RESOLUTION NO.24-048, "A Resolution Approving Food Trucks for Public Events — Concert in the Park and Movie in the Park." I. Accept Improvements and Authorize Final Payment for Lift Station 11, City Project 22-07, Adopting RESOLUTION NO. 24-049 "A Resolution Accepting Final Improvements and Authorizing Final Payment for the Lift Station 11 Rehabilitation Project, City Project 22-07" J. Appointment of Primary and General Election Judges, Adopting RESOLUTION NO. 24-050, "A Resolution Appointing Election Judges and Establishing Absentee Ballot Board." K. Approve Service Agreement with the Metro Bowhunters Resource Base (MBRB) and the 2024 Deer Management Program L. Approve Statement of Work for Network Upgrades Motion passed. 3. MATTERS FROM THE FLOOR 4. REPORTS AND PRESENTATIONS A. Excelsior Fire District 2025 Budget Fire Chief Mackey thanked the City for always being a great supporter of the Excelsior Fire District. He gave an overview of the proposed 2025 Excelsior Fire District budget and noted that typically their budget increases are under six percent, however, this year's proposed increase is around twelve percent which was mainly due to full-time staffing. He noted that if the staffing and the Employee Sick and Safe Time (ESST) were taken out of the budget, the proposed increase would be right under five percent. He reviewed details surrounding duty crew staffing and upcoming OSHA changes that he believed will reshape firefighting in the future. He explained that currently they were in-service in under two minutes and on scene in an average of five minutes. He stated that there are a lot of great things happening in the Fire Department and understands that this kind of a budget increase will hurt a little bit, but this was something that they knew was going to be coming. Councilmember Sanschagrin asked if seven was the target number for firefighters on scene. Fire Chief Mackey confirmed that the target for the number of crew on scene was seven firefighters for low acuity calls, which is anything that is not smoke showing, fire, water incident, or personal injuries. Councilmember Sanschagrin asked if the expectation was that this budget would just be a one time increase or if the expectation was that it would roll over year to year. Fire Chief Mackey noted that he would expect the increase to be less next year and the year after, most likely somewhere in the five to eight percentage range. He explained that in the fourth year, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 3 of 12 depending on the CIP, he would expect it to drop considerably, but clarified that he cannot say how much the equipment and apparatus would increase in cost. Councilmember Sanschagrin asked what portion of the Department's calls were medical versus fire. Fire Chief Mackey stated that they are currently at about twelve hundred calls per year and about seventy percent of the calls are EMS driven. He noted that true working structure fires comprises about three to five percent of their calls. Councilmember Sanschagrin asked if there were any fire departments in the area that Chief Mackey would compare the Excelsior Fire District to. Chief Mackey explained that there really was not anyone he would compare them to with relation to culture and staffing because Excelsior Fire District is at the top. He noted that related to call size and volume, he would say that Chaska is pretty close. Councilmember Maddy asked how many paid on -call firefighters they had budgeted for. Chief Mackey stated that they had budgeted for fifty paid on -call firefighters and currently have forty-eight firefighters with eight more on the waiting list. He noted that they are also in the process of hiring four others right now, but he had not included them in his overall count. Councilmember Maddy asked, historically, how many firefighters the Department had. Chief Mackey stated that they typically have run at about forty to forty-five and have had as low as thirty to thirty-five. Councilmember Maddy stated that he thinks that Chief Mackey and his staff should be commended because the Department is operating a paid on -call model, with a few full-time staff and even has a wait list when most fire departments are having trouble with staffing. He thanked Chief Mackey and the firefighters for the service they are providing to the community and their willingness to drop everything to come and help whenever it is needed. Mayor Labadie thanked Chief Mackey and reminded the Council that they would vote on the proposed 2025 budget at a later date. 5. PARKS 6. PLANNING A. Report by Commissioner Johnson on June 4, 2024 Planning Commission Meeting Planning Commissioner Johnson gave an overview of the Planning Commission discussion and recommendations from the June 4, 2024 meeting. B. PUBLIC HEARING: Vacation and Re -dedication of Conservation Easement Applicant: Chamberlain Capital Location: 20438 Radisson Road CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 4 of 12 Planning Director Darling reviewed the vacation and re -dedication of a conservation easement request for property located at 20438 Radisson Road in order to allow the applicant to construct a retaining wall further away from the home on lot four that would allow for two separate foundations. Staff recommends approval of the requested easement vacation and re -dedication of the conservation easement. Councilmember Zerby asked about the size of the retaining wall. Planning Director Darling stated that it is a very tall wall at about eighteen feet high. Councilmember Zerby asked why they would not simply choose to move the house rather than the wall. Planning Director Darling explained that these are townhouse lots, so to move it forward would mean that they would have to adjust all of the lots which would then reduce the driveway width which would then need an amendment to the PUD. She explained that the lots are too tight, so they also could not just pivot the home and were set so they really go around the structure. Councilmember Zerby stated that his general concern with some of the densities like this, is the difficulty in getting them in without some sort of variance being granted. Councilmember Callies stated that, for the record, she wanted to acknowledge that she lives across the street from this development, but would not be effected by the proposed action. She noted that she had not received any comments from her neighbors on this item, but believed that the neighbor that currently has the big dirt pile on their property would be happy to see this project moved forward. Councilmember Sanschagrin asked about the statement made about taking this approach because of the potential issue of creating a less than clean title. Planning Director Darling explained that they were concerned with the potential for multiple documents, for example one easement and then another easement over the top of the original easement that would alter the legal description. She stated that they thought that would end up being confusing in the long-term so they felt it would be cleaner if they wiped out the old easement and put in a new easement. Mayor Labadie opened the public hearing at 7:37 p.m. There being no public comment, she closed the public hearing. Councilmember Zerby stated that one of the comments he heard from one of the neighbors was the immediate thought when the project started that they did not understand how they would be able to do it because the house would be too close to the retaining wall. He explained that he questioned how it was initially approved or if it was something that the City just was not aware of at the time. He stated that to this particular neighbor it seemed obvious that it would not fly as it was originally approved. Mayor Labadie stated that she was in support of this action because she agreed that the alternative would create a less than clean title. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 5 of 12 Maddy moved, Sanschagrin seconded, Adopting RESOLUTION NO. 24-051, "A Resolution Approving a Vacation of a Conservation Easement." Motion passed. C. Variances to front and side -yard setbacks Location: 4825 Ferncroft Drive Applicant: Scott Karo Planning Director Darling reviewed the variance requests to the front and side -yard setbacks for property located at 4825 Ferncroft Drive in order to expand the existing home's garage. She stated that the Planning Commission and staff recommend approval. Councilmember Zerby noted that the City does not typically allow two entrances into a property like this and in the past have asked for those to be corrected as part of the variance approval. Planning Director Darling stated that when she researched the driveway she found that it has been on the property since before there was a limitation, which meant it was legally non- conforming. Callies moved, Maddy seconded, Adopting RESOLUTION NO. 24-052, "A Resolution Approving Variances to Front and Side Setbacks to Expand a Non -Conforming Home on Property Located at 4825 Ferncroft Drive." Motion passed. D. Encroachment Agreement for fence Location: 5290 and 5300 Howards Point Road Applicant: Gregerson, Rosow, Johnson & Nilan, Ltd. Planning Director Darling reviewed the original request for an encroachment agreement for a fence located at 5290 and 5300 Howards Point Road. She noted that this request had previously been heard by the City Council on May 28, 2024 and explained that no motion was made that evening which, in effect, created a denial of the request. She explained that the applicant has amended their request and had also requested an official decision on this matter. She outlined the amended request and noted that the attached resolution was written based on the findings from the May 28, 2024 City Council meeting. Mayor Labadie noted that there were some documents and a -mails that had been submitted at the May 28, 2024 consideration and asked if the City had received any additional documents or phone calls that the Council should be aware of. Planning Director Darling explained that she had not received any correspondence or phone calls. Councilmember Callies stated that there was a letter dated June 13, 2024 from the attorney representing the applicant, that the Council did not have at the prior meeting. Planning Director Darling clarified that her answer was meant to indicate that she had not gotten any letters or calls from the neighbors. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 6 of 12 Mayor Labadie asked the applicant if they would like to address the Council. Margaret Neuville, Gregerson, Rosow, Johnson & Nilan, Ltd., stated that she was here representing the property owners, Gary and Janet Grevillius. She stated that following the last meeting she had taken the Council's comments back to her clients and they discussed the matter and feel that they have been able to come up with a solution that will be acceptable to the City. She explained that most of the comments from the neighbors were focused on the corner of 5300 Howards Point Road and her clients have agreed that they will move everything out of the dedicated right-of-way and the five foot roadway easement. She noted that she believes some of the bushes wills stay next to the fence in the easement area but they will remain trimmed to three feet as allowed by City Code. She stated that they are asking that the City allow the encroachment with the current fence location on 5290 Howards Point Road, which is just a few feet within the roadway easement. She noted that there were no bushes in this area and they did not feel the fence posed any safety concerns for drivers or walkers in the area. She explained that she was not intending to place blame, but explained that the original drawings for the fence location were created using a survey that the City had provided to her clients, which did not have the easement depicted. She stated that her clients had no intention of encroaching on the right-of-way and just asking for permission later. She explained that they have spent a significant amount of money on the fencing and reiterated that they believe that they have been able to address the concerns expressed by the neighbors with their revised plans. Councilmember Callies asked City Engineer Budde to explain the difference between the roadway easement and the roadway right-of-way. City Engineer Budde gave a brief description of the differences between a roadway easement and a roadway right-of-way. He explained that it is a matter of how they were acquired over time but the City is able to use them for the same uses. Councilmember Zerby asked about the arbor vitae that are on the south end because they appear to be in the right-of-way. Planning Director Darling confirmed that those arbor vitae are located within the right-of-way. Councilmember Zerby stated that the amended application was not to move the arbor vitae but to move the fence in this location. Ms. Neuville clarified that her clients are suggesting that they also be moved and would be located right next to the fence. She stated that she believes that they understand that no matter where they are located that City Code allows them to be there, even if they are in the easement or right- of-way areas as long as they are trimmed to three feet in height. Councilmember Zerby stated that he believed the information submitted is that only the fence would be moved and not the arbor vitae. He stated that he felt that the arbor vitae is more of an issue than the fence in terms of the line of sight issues. Councilmember Callies stated that she felt the amendment request seemed like a reasonable approach or accommodation since there were a number of things that were overlooked by the City within the permitting process for the fence location. She stated that they have indicated that they will move the arbor vitae on the southern section and decrease the amount of encroachment into the easement area which seems like a reasonable alternative. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 7of12 Councilmember Maddy asked if the proposal was for the fence to still be located on the dedicated easement. He stated that he understands that the arbor vitae is the problem, but also does not want to babysit a bunch of contracts about what fences can go where. He asked if what the Council was being asked to fix was that the contractor put a fence someplace that they were not allowed to put it. Planning Director Darling explained that the applicant was proposing to move the fence in the southerly portion out of both the right-of-way and the extra five foot easement and on the north side, they were proposing to leave the fence in its current location which would be within the five foot roadway easement that was dedicated when the properties were subdivided. Councilmember Maddy asked if staff felt that this proposal would be okay and were recommending approval. Planning Director Darling clarified that this decision would be up to the Council and noted that what staff was put together was a resolution based on the findings at the May 28, 2024 City Council meeting, which would be a denial of the request. Councilmember Zerby stated that he remembered that some direction had been given to have stuff moved out of the easement area and asked if that had been considered in the staff memo. Planning Director Darling explained that the resolution included in the packet would require all of the fence to be moved out of both the dedicated right-of-way and the five foot easement along both properties. She noted that the applicant was requesting that the City allow for some flexibility in this situation with their amended request. Councilmember Maddy confirmed that staff had not included a proposed resolution based on the amended request. Planning Director Darling stated that was correct and explained that if the Council wanted to make a change to approve their amended request with those changes, then they could direct staff to draft a new resolution for consideration at the next meeting. Councilmember Sanschagrin asked to see Exhibit D. City Attorney Shepherd noted that he believed that Exhibit D was from the Encroachment Agreement that was drafted for the last staff report where the recommendation was to approve the encroachment and permit. He stated that at the May 28, 2024 Council meeting, the Council did not like that approach and did not make a motion to approve that request. He stated that the resolution presented in the packet tonight reflected the discussion at that meeting to deny the request, but if the Council were to change their mind and wanted to approve the amended request, the language would need to be updated in order to reflect the revised plan. Councilmember Sanschagrin asked if the fence was allowed to stay the same on the northerly portion whether that would create an alignment issue. Ms. Neuville stated that her understanding is that the fence on the other side of the driveway is not technically in the roadway easement, so a large portion of it will line up. She stated that there CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 8 of 12 would not need to be any alignment changes on the north end. She explained that her client still intended to pursue installation of gates through a zoning permit. Councilmember Zerby explained the part he struggled with was that at the very south end there would be a five foot gap if the fence was moved between that and the existing arbor vitae to the right of the driveway. He stated that he felt that really needed to be pulled in to match the rest of it so there is not a gap. Ms. Neuville stated that she thought the intent was to also move the arbor vitae, but noted that she had not specifically asked her clients that question. She stated that she believed that was their plan because, as Councilmember Zerby has stated, it would look a bit strange to have the fence and bushes ten feet away from each other. Councilmember Maddy stated that it was not the City's position to restrict three foot tall arbor vitae that are located anywhere. Councilmember Zerby explained that he believed that there were sight line issues in this area. Councilmember Maddy stated that he did not believe there was anything in the City's ordinance that would manage that and noted that people can put arbor vitae's anywhere they want on their property as long as it is not over three feet, next to the road. He explained that he did not want to infringe on that right. Councilmember Zerby stated that he felt that there was some give and take on this issue and believed what he was suggesting would be a fair ask of the applicants. Ms. Neuville confirmed that her clients were open to that and reiterated that she believed that was actually what they were planning to do for aesthetic purposes. Councilmember Callies stated that she would like to ask that the resolution come back with language reflecting approval of the amended request and there could be language that part of the approval was that they move the arbor vitae on the portion referenced by Councilmember Zerby. Councilmember Maddy stated that he was okay with what staff had provided in the proposed resolution. Councilmember Callies asked if that meant Councilmember Maddy was in support of denying everything and not accepting the revised plan. Councilmember Maddy agreed and explained that he felt that abiding by the contract was first and foremost what the City should be doing. He stated that manipulating the contract because somebody put a fence in without knowing about the contract is something that will cost the City time and money and years down the road this proposed modification would need to be referenced which he felt was not the most efficient way to handle this. He reiterated that he was okay with denying this request but also would not lose sleep if this fence ended up two feet into the City's right-of-way. Councilmember Callies expressed confusion about Councilmember Maddy's stance on this application. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 9 of 12 Councilmember Maddy explained that he felt that moving forward with the resolution proposed by staff would be the best approach. Councilmember Zerby stated that he agreed with Councilmember Callies and would like to see the language revised per the discussion and the new proposal. Councilmember Callies stated that it was the City that provided the applicants with the survey so there were mistakes in this process. Councilmember Maddy noted that even in code enforcement, if the inspector misses something, it still needed to be corrected. Councilmember Sanschagrin stated that he was leaning towards accepting the resolution as it was currently written for many of the reasons that have already been given by Councilmember Maddy. He stated that he felt that fence companies needed to be more accountable for how and where they install fences and should have done more research before it was installed. Councilmember Callies stated that within the current resolution, under Conclusion B, there is language about if the City were to approve this encroachment then they would essentially be going down a slippery slope of approving other encroachments. She stated that she did not agree with the `slippery slope' argument because each thing needs to be weighed on the facts and noted that just because the City may grant an accommodation for these circumstances does not mean that the next person on Howards Point Road that wants to put their fence in the right of way would automatically receive a `pass'. She explained that she felt there were enough circumstances in this instance that she felt would justify a reduction in the amount of encroachment and approval of their amended request. Callies moved, Zerby seconded, directing staff to bring back a resolution approving the amended request with the modifications, as discussed, for property located at 5290 and 5300 Howards Point Road. Sanschagrin moved, Maddly seconded, Adopting RESOLUTION NO. 24-053, "A Resolutior Denying an Encroachment Agreement for the Properties Located at 5290 and 5300 Howards Point Road. 7. ENGINEERING/PUBLIC WORKS 8. GENERAL/NEW BUSINESS A. Approve Hennepin County Assessor Agreement City Administrator Nevinski gave an overview of the recent decision by the Hennepin County Board to not charge cities under thirty thousand in population for assessing services and explained that this would mean a significant cost savings for the City. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 10 of 12 Zerby moved, Sanschagrin seconded, Approving the Joint Powers Agreement with Hennepin County for Assessment Services. Councilmember Maddy noted that the City would be paying for this through their County tax line versus the municipal tax line. He explained that he is a big fan of fee for service and paying for what you consume, but if the County wants to give this to the City for `free', he would support it. Motion passed. B. Approve Donation to Excelsior Fireworks City Administrator Nevinski explained that on an annual basis, the City considers making a contribution to the Fourth of July fireworks display put on by the Excelsior Chamber of Commerce and reviewed details request. Councilmember Zerby noted that he had been a former president of the Chamber of Commerce and some of the costs for the event were missing from the information that had been submitted. He stated that the information was missing information on things like port -a -potties, the cleaning crew, and the number of volunteer hours spent on the event. He stated that it is an expensive event to put on, but he heartily supported it and explained that it is a lake tradition for the area. Councilmember Sanschagrin asked what other municipalities were contributing funds for the fireworks. City Administrator Nevinski stated that his understanding is that all the other south Lake Minnetonka communities were participating. Councilmember Maddy stated that he felt that the City should bump their contribution up to eight thousand dollars. Mayor Labadie stated that she felt increasing the donation should be a discussion point for the future. Councilmember Zerby stated that he felt that the Police and Fire Departments should be doing this as part of the existing JPA. Mayor Labadie stated that could also be something added into the discussion next year. Sanschagrin moved, Maddy seconded, to Approve Sponsorship of the Excelsior -Lake Minnetonka Chamber of Commerce Fourth of July Fireworks Display in the amount of $7,500. Motion passed. 9. STAFF AND COUNCIL REPORTS A. Staff 1. Spring Clean -Up Update CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 24, 2024 Page 11 of 12 Communications and Recycling Coordinator Wilson gave a brief overview of the Spring Clean -Up event and explained that the City had collected over one -thousand items and over five thousand pounds in batteries and electronics. Mayor Labadie thanked the City staff members who worked on this event. Other Parks and Recreation Manager Czech stated that next month is National Parks and Recreation month and is also when the City will be unveiling a new Facebook page for the Department. He reviewed some of the efforts staff has been planning to encourage people to follow the Facebook page. He stated that Park Tours will continue on June 25, 2024. City Engineer Budde stated that there has been substantial progress made on Strawberry and Birch and now have had the final wear course placed on them. He noted that there is a little bit of restoration work that the contractors will take care of over the next few weeks. He stated that the mill and overlay project is happening in full force and was currently in phase two. Planning Director Darling stated that the deadline for submitting planning and zoning applications for the August 20, 2024 meeting will be tomorrow. City Clerk/HR Director Thone stated that the City will be taking on their fourth election this week and explained that early voting for the primary will begin on Friday. City Administrator Nevinski stated that he would update the Council on behalf of Public Works Director Morreim who was unable to attend tonight's meeting. He explained that the sanitary sewer jetting and asphalt patching were continuing and also doing a lot of lawn mowing when the conditions have been dry enough. He stated that the next round of water meter replacements will begin on July 1, 2024. He stated that the Excelsior Fire District had received a small grant from CenterPoint Energy for a thermal imaging camera. He noted that at the end of the last session, the City learned that they had received some significant dollars for Highway 7 to assist in studying and creation of a traffic management organization. He noted that there is a bit of confusion surrounding the use of the funds that he hopes will be clarified by the end of the week. He stated that overall, this funding for Highway 7 was wonderful news, but they just needed to figure a few things out before things can move forward. B. Mayor and City Council Mayor Labadie stated that she and Councilmember Maddy will be attending the League of Minnesota workshop happening later in the week. 10. ADJOURN Sanschagrin moved, Maddy seconded, Adjourning the City Council Regular Meeting of June 24, 2024, at 8:27 P.M. ATTEST: Je ifer Labadie, Mayor