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05-11-20 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 11, 2020 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. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood City Council meeting was held via electronic means. A. Pledge of Allegiance B. 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; City Engineer Budde; and Communications and Recycling Coordinator Moore Absent: None C. Review and Adopt Agenda Johnson moved, Sundberg seconded, approving the agenda as presented. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from April 27, 2020 B. Approval of the Verified Claims List C. Accept Proposal for Inspection of Amesbury Well D. Approve Regular Appointment of Andy Eslinger as Street Inspector Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 2 of 9 Adam Luebke, St. Louis Park stated that he was here representing his friend, Kathy Bakken, who lives at 5885 Mill Street regarding her concerns about the inability to hook up to City water. He explained that Ms. Bakken's private well went dry on April 17, 2020 and since then has had conversations with both the City of Shorewood and the City of Excelsior about the problems of placing her private water line in the right -of -way. He gave an overview of where she would like to locate her water line and noted that there is a resident at 5830 who has a private water line that is within the right -of -way and is connected to City water. He explained that Ms. Bakken was told by the City that because of City regulations, private utilities are not allowed within private rights - of -way. He noted that Ms. Bakken has been using water from her neighbor to fill a 100 - gallon tank on almost a daily basis. Public Works Director Brown stated that one of the City's policies is that the city does not permit extending water services down the public right -of -way without an extension of the main itself. He explained that the watermain that is in this location belongs to the City of Excelsior but Ms. Bakken's lot is within the City of Shorewood. He stated that he estimates that this extension would be approximately 140 feet parallel to the public roadway. He stated that while the City does want people hooked up to the system, it does not allow services to encroach into the right -of -way. He gave examples of how allowing this may cause problems with maintaining the system if there are leaks or other problems. Mayor Zerby asked if the City of Excelsior was not willing to extend their main to this property. Public Works Director Brown stated that was his understanding. City Administrator Lerud stated that to his knowledge, the City of Excelsior has not said no, yet, but noted that they have reached out to the neighboring properties to gauge overall interest in hooking up to water. Mr. Luebke stated that there would also be complications if Ms. Bakken decided to just drill a new well because of the location of the sewer line. He explained that the City of Excelsior has agreed to allow her to hook up to their water, it is just a matter of how it can get there. Public Works Director Brown stated that one possibility may be that the City of Excelsior allows Ms. Bakken to tap into one of the neighboring lines which will get it out of the public right -of -way and will take care of the City's issues. He gave an overview of who is responsible for service within the right -of -way. Mr. Luebke shared some pictures of where they would like to see the water line run which would be parallel to an existing private line within the public right -of -way. He stated that he understands the City's policy but there are already private lines within the right -of -way in the area that they are referring to. Councilmember Siakel suggested that the City make a concession in this case in order to allow Ms. Bakken to get water and discuss with Excelsior the possibility of extending water to the other neighboring properties. She stated that she feels the City needs to do something because there is a resident without water. Public Works Director Brown expressed his concerns with having problems with repairs in the right -of -way and how that will affect the private lines in the area. He stated that he also has concerns about setting a precedent by allowing this but noted that the City can explore with Excelsior the possibility of extending a main to this area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 3 of 9 Councilmember Labadie asked what kind of timeframe there would be for this resident to get water if the City continues to discuss and explore options with the City of Excelsior. Public Works Director Brown stated that he would estimate that they would probably be looking at a July or August timeframe. City Attorney Keane asked if Public Works Director Brown had looked at a temporary water supply. Public Works Director Brown stated that he had anticipated an option that would allow Ms. Bakken to hook up a hose, hose -bib to hose -bib with her neighbor, rather than having to fill a container every day. Mayor Zerby stated that the City needs to continue working to come up with a solution because water is an essential service. Public Works Director Brown noted that Ms. Bakken does have the option to look at drilling a new well in a different location. Mr. Luebke explained that the other only location for a well would be in Ms. Bakken's backyard which would require going through a neighbor's yard and will result in removal of several trees in order to get back there. He noted that the contractor also said that because of the current ground saturation it would not be possible to do the work right now. Councilmember Siakel asked Public Works Director Brown to take a look at some temporary options to get water to Ms. Bakken while longer term options are explored with Excelsior. Public Works Director Brown stated that staff will work as quickly as they can but there are a number of pieces that will need to be worked out to resolve this situation. Maeve Gallivan, 22680 Galpin Lane, stated that she has concerns about the families in her area with young, school -aged children, that don't have a safe way to walk safely to school. She stated that this issue is the number one conversation between the people in her neighborhood. She stated that she would like to propose that the City come to their part of the City and try to get across Highway Seven safely so they can see where the children are expected to walk to school. She noted that the 2025 Comprehensive Plan mentions quality of life and trail connections however the people who live in her portion of the City are not served by those things because they do not have safe access to them. She stated that her neighborhood feels somewhat disregarded because the Galpin Lake sidewalk plans have been pushed all the way out to 2028. She reiterated her suggested that the Council come to their side of the City and see what their issues are. She stated that they would really like to connect with the rest of Shorewood safely and be able to have their kids walk to school. Mayor Zerby thanked Ms. Gallivan for bringing her concerns to the City. He noted that it had been a few years since the City had spoken with MnDOT regarding connecting the sidewalk to the street light crossing on Oak Street. He noted that he has been lobbying the State for quite a while about getting a safe way to cross Highway Seven. City Administrator Lerud noted that he had submitted a bonding request for Senator Osmek this year and noted that the City is exploring others ways to fund this project because it is too expensive for the City to undertake without State participation. Councilmember Siakel gave some background information on past discussions the City has had with regarding to trail connections in the Galpin Lake area. She noted that the Minnehaha Creek Watershed District will need to be involved as well. She explained that despite the entire Council wanting to put in a sidewalk down the road, it became such a complicated and cost prohibitive CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 4 of 9 project that it needed to be postponed She stated that the City is continuing to work with the State and attempt to get some alternative funds and State participation to get a safe way to cross Highway Seven. She stated that it seems like putting in a sidewalk would be easy, but in this situation it is not. She reiterated that staff is continuing to look for ways to move forward. Councilmember Labadie thanked Ms. Gallivan for her presentation. She noted that back when this was previously discussed, the Council, Planning Commission and staff walked the area. She stated that she believes that the Council is familiar with the area and shares her concerns. Mayor Zerby encouraged Ms. Gallivan and her neighbors to contact their State representatives regarding this issue. 4. PUBLIC HEARING A. Street Reconstruction Bond Program City Administrator Lerud stated that the City currently levies $835,000 for street improvement expenses but that has not been enough to keep up with the needed repairs. He stated that the Council has been opposed to usual special assessments to fund street improvement projects. He noted that the State will allow the City to issue street reconstruction bonds. He introduced Shannon Sweeney of David Drown Associates to explain the bond program. Shannon Sweeney, David Drown Associates, gave an overview of the proposed street reconstruction bond program and various procedural requirements. He stated that this program requires a public hearing, public comment, and must be adopted by a two - thirds vote of the Council. He noted that this plan also has a thirty -day reverse referendum period which allows the public to call for a referendum vote. He reviewed the draft Street Reconstruction Bond Program and noted that it dovetailed nicely into the Capital Improvement Plan. He noted that the City has significant storm sewer needs in the community. He explained that the Street Reconstruction Bond Program would be like the City having a tool in their toolbox to fund these projects and complete the street projects for the first five -year period and noted that at the end of that period the City could once again go through this process for an additional give year period. Councilmember Johnson stated that he is comfortable with this option because the Council has discussed it many times. Mayor Zerby opened the public hearing at 7:45 p.m. Chris Macomber, 26390 Peach Circle, stated that he has been trying to find out more information on the Strawberry Lane project. He asked for details on that project and how it will affect properties on Peach Circle, especially with regard to drainage. City Engineer Budde stated that the City is in the very early stages of the Strawberry Lane project so there are not specifics other than some very high -level ideas of what they would like to see happen in the area. He noted that the City had completed the western Shorewood drainage study and taken that into consideration. He explained that the City plans to scope the project over the next year or so to figure out all the details Mr. Macomber is interested in. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 5 of 9 Councilmember Siakel noted that the City did work with Barr Engineering which is a company that specializes in water issues and has looked at the entire area. She stated that the City is attempting to address issues with a well thought out master plan. Mr. Macomber stated that he appreciates the information and will make sure he and his neighbors stayed plugged in and informed as the process moves along. Councilmember Johnson stated that he lives in this area and has been talking to the neighborhood about their concerns. He noted that City Engineer Budde walked the neighborhood with him earlier this week to take a look at some of the issues. There being no additional public comments, Mayor Zerby closed the public hearing at 7:51 p.m. Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 20 -040, "A Resolution Adopting a Street Reconstruction Plan and Approving the Issuance of General Obligation Street Reconstruction Bonds." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING 8. ENGINEERING /PUBLIC WORKS A. Accept Proposal for Mound Location and Consultation Framework Services City Engineer Budde explained that this is a proposal by Bolton and Menk to identify some Indian burial mounds and map out their locations within the City. He stated that knowing their location will allow staff to properly scope the projects and keep them on schedule. He noted that this proposal also includes agency coordination with the Office of the State Archaeologist and the Minnesota Indian Affairs Council with a total cost of forty -two thousand three hundred sixty dollars. Councilmember Sundberg asked if this was a pretty comprehensive proposal or if City Engineer Budde felt the City may still find additional mounds in the future. City Engineer Budde stated that it is tough to project and noted that this proposal will only map what the City already knows exists in the City. He stated that there is always a chance to encounter additional mounds that the City does not know about. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20 -041, "A Resolution to Accept Proposal for City -Wide Mound Location and Consultation Framework Services." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. B. Accept Feasibility Study and Authorize Preparation of Plans and Specifications for Beverly Drive and Cajed Lane Drainage Project, City Project 20 -03 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 6 of 9 City Engineer Budde gave a brief overview of the feasibility study for the Beverly Drive and Cajed Lane drainage project. He reviewed the current conditions in the area with broken drain tile and water levels. He explained that the Western Shorewood Drainage study took a look at this area. He reviewed the proposed options for addressing the issues in the area including installing an eight -inch pipe at each basin outlet and a twelve -inch pipe from the junction of the two pipes to its discharge north of Smithtown Road. He noted that the City has included this project in their CIP and the total estimated project costs are four hundred eighty -six thousand dollars but noted that there may be additional costs for construction access. He reviewed the proposed schedule that would have construction beginning in August or September and completed by late October. He stated that he has gotten questions from residents in the area that are very specific to their properties. Mayor Zerby thanked City Engineer Budde and his team for the work they put into the presentation and noted that the graphics were very easy to understand and included quite a bit of detail. Derek Christianson, 27075 Beverly Drive, stated that he is concerned about private areas versus right -of -way and how this will be maintained in the future. He stated that he has concerns about it becoming a situation where the City will not maintain the line if it becomes clogged. City Engineer Budde stated that the City plans to take advantage of any existing drainage and utility easements. He noted that if the City does need to acquire right of entry or easements, they will be recorded against the property so that information is known, even in the future. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 20 -042, "A Resolution Approving the Feasibility Study and Authorizing Preparing Plans and Specifications for the Beverly Drive and Cajed Lane Drainage Project, City Project 20 -03." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. C. Accept Bids and Award Contract for the Public Works Roof Replacement Project, City Project 19 -08 Public Works Director Brown stated that the City received and open bids via a Zoom call on May 5, 2020. He noted that there were thirteen bids submitted with the lowest responsible bid received from Peterson Brothers Roofing in the amount of one hundred eighty -four thousand eight hundred sixty dollars. He noted that there are some items that require a price per square foot, so he expects the project cost to be very near two - hundred thousand dollars which is still below the City Engineer's estimated price for the project. Staff recommends approval. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 20 -043, "A Resolution Accepting Bid and Awarding Contract for Public Works Roof Replacement Project, City Project 19 -06." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 9. GENERAL /NEW BUSINESS A. Accept GreenCorps Member from MPCA CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 7 of 9 Communications and Recycling Coordinator Moore stated that the MPCA invited the City to apply to host a GreenCorps member. She explained that GreenCorps members are recent college graduates in the environmental field who are paid employees of MPCA. She stated that for the City, this individual would work in recycling, organics, waste reduction and environmental education and noted that the City would not be responsible for the cost of any of these services. She stated that the City would simply provide supervision, work space, as well as work assignments and guidance. She stated that being chosen to host a GreenCorps member at the City is an honor and noted that Shorewood is the first small city that she is aware of that has had this opportunity. Councilmember Sundberg commended Communications and Recycling Coordinator Moore for her work on this application Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 20 -044, "A Resolution Accepting Appointment of GreenCorps Employee from the Minnesota Pollution Control Agency." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. B. Approve Polling Location Changes for Precinct 1 City Clerk Thone explained that this item is for a location change in Precinct 1 which is the Shady Island /Enchanted Island precinct due to the COVID -19 pandemic. She stated that she has worked with the County to change the polling location to the Community Center. She stated that the Community Center will also serve as the polling location for Precinct 3, but will be in separate rooms with separate election judges and staffing. Councilmember Labadie asked about what kind of notice and communication would be given to individuals from Precinct 1 about this change in location. City Clerk Thone explained that there is a process headed by the State and taken care of by the County as soon as the Council approves this resolution. She stated that they have an office that takes care of changes to polling locations and sends a card to all registered voters in that precinct. She stated that she has already written an article for the June City newsletter that will also communicate this information. Councilmember Siakel asked if this polling location change is temporary or if the understanding is that it will be forever. City Clerk Thone stated that when you make a polling place change and not a precinct change, it does become permanent, but that does not mean it cannot be changed again. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 20 -045, "A Resolution Changing the Polling Location for Precinct 1 for the City of Shorewood." Councilmember Siakel stated that she would like the City to follow up with the neighborhood because voting in this location has been a long time tradition for people out on the islands and she would like to retain the option of bringing the polling location back to the neighborhood in the future, if they prefer that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 8 of 9 City Clerk Thone stated that they have had numerous discussions with the homeowner for the original polling place about this issue. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. C. Approval of CIP Finance Director Rigdon noted that the CIP is virtually unchanged from what the Council reviewed in March and April of 2020. He stated that the only significant change was to the street program relating to the timing of a few projects. He gave a brief overview of the CIP. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20 -046, "A Resolution Adopting the 2020 -2029 Capital Improvement Plan and 2020 Capital Project Fund Budgets." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. Mayor Zerby noted that a Boy Scout Troop has been in attendance at tonight's meeting and thanked them for joining. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that the City has finished flushing the east end of the system and will begin flushing the west end on May 12, 2020. He noted that the sweeping crew is finishing up the west end and will then move out to the islands. City Clerk Thone stated that there is a COVID -19 action bill that passed both the House and Senate. She gave an overview of some of the items included that will allow the City to conduct elections in a safer manner. Planning Director Darling explained that the rubber surfacing at Badger Park has once again been delayed because of the cold weather. She stated that she is hopeful that the surfacing can be installed towards the end of the week. She stated that she has spoken with the contractors working on the buildings and those should be completed within the next few weeks. She stated that she hopes Badger Park will be completed by the end of the month. She noted that towards the end of the month or early June, the City will have the Eddy Station Building painted. Other Mayor Zerby noted that there have been reports of people using the lacrosse field and asked staff if there was a way to help reduce the attraction of that area. Planning Director Darling stated that the City has announced that park facilities are closed but realize that people are still using the trails and the fields because the City cannot really fence them off. She stated that the City can just encourage social distancing while people are out on the fields and the trails. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 9 of 9 City Administrator Lerud noted that the City could put up signage on the fence reminding people that the parks are closed. Councilmember Johnson suggested contacting the athletic director of the high school as well because, when he went by, it appeared to be an organized practice. Councilmember Labadie stated that she would agree that reaching out to the athletic director at the high school is a good idea. B. Mayor and City Council Mayor Zerby noted that this week is National Police Week. He noted that Friday, May 15, 2020 is National Peace Officers Memorial Day and there will be a virtual service to honor those officers. He expressed his appreciation for the City's emergency responders and police force for all they have done during the COVID -19 pandemic. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of May 11, 2020, at 8:42 P.M. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. ATTEST: Sc©tY Zerby, ay r Sandie Thone, Cit Cler