05-10-10 CC Reg MinCITY OF SHORE WOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, MAY 10, 2010 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Liz &e called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen;
City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown;
and Engineer Landini
Absent: None.
B. Review Agenda
Turgeon moved, Zerby seconded, approving the agenda as presented.
Director Nielsen requested Item 8.A be removed from the agenda so he and Attorney Tietjen could
discuss the item further.
Without objection from the seconder, the maker of the motion accepted the amendment to the
agenda. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, April 19, 2010
Turgeon moved, Bailey seconded, Approving the City Council Work Session Minutes of April 19,
2010, as presented. Motion passed 510.
B. City Council Work Session Minutes, April 26, 2010
Bailey moved, Woodruff seconded, Approving the City Council Work Session Minutes of April 26,
2010, as presented. Motion passed 5/0.
C. City Council Regular Meeting Minutes, April 26, 2010
Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of April
26, 2010, as presented. Motion passed 510.
3. CONSENT AGENDA
Mayor Liz €e reviewed the items on the Consent Agenda.
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May 10, 2010
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Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Personal Action — Authorize Recruitment for a Replacement Utility Operator
C. Award Contract for Badger Park Tennis Courts Overlay
,'teiR __Adopting RESOLUTION NO. 10 -021 "A Resolution Authorizing Mayor or City
Administrator to Execute a License to Allow Draintile Connection in Smithtown
Road Right -of -Way with Cliff and Tena Brandhorst, 27215 Smithtown Road."
E. Adopting RESOLUTION NO. 10 -022 "A Resolution Granting a Conditional Use
Permit to Build on a Substandard Lot to Mary Edwards."
Motion passed 510.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
None.
7. PARKS
No report was given because there had not been a Park Commission meeting since the last City Council
regular meeting. A meeting is scheduled for May 11, 2010.
8. PLANNING
No report was given.
A. Ordinance Amending Chapter 1201.03 of the City Code Relating to Campaign Signs
This item was removed from the agenda at Director Nielsen's request.
9. ENGINEERING /PUBLIC WORKS
A. Accept Quote for Purchase of Seal Coat Rock, City Program 10 -07
Engineer Landini stated the City's 2010 Operating Budget for sealcoating of roadways is $214,000. The
City obtained quotes for the sealcoat aggregate for this effort. The lowest quote received was from Martin
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May 10, 2010
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Marietta Materials, Inc. located in St. Cloud, Minnesota, for a total of $30,800 plus tax. Staff recommends
Council authorize Staff to purchase the aggregate.
Turgeon moved, Woodruff seconded, authorizing Staff to purchase sealcoat aggregate for the 2010
Sealcoat Project from Martin Marietta Materials, Inc. in the amount of $30,800 plus tax.
Councilmember Zerby stated the other quote the City received was from Dresser Trap Rock, Inc. for an
amount of $54,460 plus tax. He asked Engineer Landini why there was such a discrepancy. Landini stated
Dresser Trap Rock is located in Dresser, Wisconsin, and transportation costs could be the reason for the
difference in cost.
Motion passed 510.
B. Approve Plans and Specifications and Authorize Advertisement for Bids for 2010
Mill and Overlay, City Project 10 -06
Engineer Landini stated the meeting packet for this meeting contains the plans and specifications for the
mill and overlay of streets in 2010. The streets chosen for 2010 are Yellowstone Trail and Eureka Road.
They have a PASER rating of 4 or higher. Staff recommends Council approve the plans and specifications
and authorize advertisement forbids.
Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 10 -023 "A Resolution Approving
Specifications and Estimate and Authorizing Advertisements for Bids for 2010 Mill and Overlay,
City Project 10 -06." Motion passed 5/0.
10. GENERAL/NEW BUSINESS
A. Milfoil Treatment Invoice
Administrator Heck explained that Councilmember Turgeon requested the invoice from the Lake
Minnetonka Association (LMA) for the 2010 treatment of aquatic invasive species (AIS) in Phelps Bay
be placed on the agenda as a separate item. He noted Council had budgeted and reaffirmed the use of
$6,000 for this effort. He stated he had asked the Dick Osgood, the Executive Director of the LMA, to
provide him with the amounts the Department of Natural Resources (DNR), the Lake Minnetonka
Conservation District (LMCD), the Cities of Minnetrista and Mound, and the residents of Phelps Bay
contributed toward the 2010 treatment. The invoice to the LMA indicates the cost to physically treat
Phelps Bay for Eurasian Watermilfoil (Milfoil) was $18,535.40 and the cost to treat the Bay for Curly
Leaf Pondweed was $9,745 for a total of $28,280.40. It is his understanding that the DNR contributed
$25,000 for the treatment of Carman Bay, Gray's Bay, and Phelps Bay and the funds were equally split ;
the amount toward the treatment of Phelps Bay was a little more than $8,000. Mr. Osgood indicated the
LMCD contributed $7,070.10 (of 25 percent of the treatment cost) out of its Save - the - Lake -Fund to this
effort. Mr. Osgood explained that there is a separate pool of money for the treatment of each of the three
bays.
Councilmember Woodruff stated he will recuse himself from this discussion and any subsequent vote. He
then stated because he is the City's elected official representative to the LMCD he would be willing to
entertain questions from that position. Mayor Lizce stated she appreciated Woodruffs desire to recuse
himself but she didn't think that was necessary. Woodruff stated he owns one of 29 residential properties
located in the City that front Phelps Bay.
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May 10, 2010
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Councilmember Turgeon stated the reason she wanted this to be a separate agenda item was she wanted to
make sure Council had the specific information about this project. The resolution for this treatment
specifically stated the City's contribution only be used to treat Shorewood waters. She then stated the
2010 cost is slightly more than $28,000 and that amount is approximately one -third of the cost of the
2009 treatment yet the amount of the City's contribution ($6,000) isn't changing. The City contributed
$6,000 toward the 2008 and 2009 treatment efforts. The City of Mound budgeted $10,000 for the
treatment; she was not sure if that is actually what it contributed. The City of Minnetrista budgeted
$3,000; she was not sure of what its contribution was. The DNR has committed approximately $8,300
toward the 2010 treatment. Based on the contributions from the other agencies and other cities it appeared
to her that the LMA was collecting more money for the 2010 treatment than the treatment cost. She stated
in 2008 and 2009 the Shorewood property owners on Phelps Bay also contributed toward the treatment,
noting Council has not been provided with information on their total contribution for 2010. She suggested
Council re- evaluate what the 2010 contribution should actually be. She stated it's her understanding that
the treatments are killing off native plant species, and that there is more Curly Leaf Pondweed because of
the reduction in Milfeil. She commented that just because the City budgeted $6,000 to use toward the
treatment it doesn't have to contribute that amount. She indicated she would entertain a different amount
or would like to continue this item to a future meeting pending receipt of more information.
Mayor Lizee stated the City committed to a five -year project and to making a contribution toward the
treatment. She then stated Council has received a great deal of information from the LMA, the LMCD
and the DNR regarding how the treatments have been working. The 2010 treatments that have been done
to date in Phelps Bay may have cost less because of the DNR's requirement to do the treatment earlier
than it was done in 2008 and 2009. The areas identified in 2009 for treatment in 2010 did not necessarily
end up being the only areas that needed treatment. She expressed she did not want to micro manage this
effort, and she recommended the City follow through with its commitment to the LMA and LMCD. She
stated Lake Minnetonka is one large body of water that all of the City's residents can use.
Councilmember Turgeon stated that from her vantage point, the City did not commit to five years, nor did
it commit to a $6,000 contribution each year.
Councilmember Bailey asked what the City's property owners are contributing to the 2010 treatment
effort.
Mayor Liz6e stated according to the council action form for this item, Staff is recommending Council
approve and authorize reimbursement for the treatment costs of Phelps Bay as provided in the 2010
budget. She asked Administrator Heck to explain why that recommendation was made. Heck explained
because it is in line with Council's action back when the Gideon Bay residents came before Council to
discuss expanding the treatment program to Gideon Bay. Council had indicated that the dollars budgeted
for AIS treatment are to be used for the waters within the City.
Administrator Heck explained that according to a response from Mr. Osgood, unspent treatment funds are
carried forward to the next year for treatment. Mr. Osgood had also clarified that the invoice is for the
actual treatment cost only and that there are other costs associated with the treatments. Fleck questioned
what amount was carried forward to 2010. He stated it's his recollection that Council wanted the $6,000
to go toward the treatment of waters within Shorewood; it could go toward Phelps Bay or Gideon Bay
had Gideon Bay been approved for treatment by the DNR.
Councilmember Bailey stated he was uncomfortable authorizing this payment at this time due to the lack
of clarity. The resolution had said it was to treat the waters within Shorewood. He thought the Council
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May 10, 2010
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should stick with that unless Council wants to change the resolution. He expressed he would like to have
more information on total costs for Phelps Bay and total projected contributions.
Councilmember Zerby asked Councilmember Woodruff if he, as an owner with property that fronts
Phelps Bay, had been approached for funding and if so how much was he asked to contribute. Woodruff
stated that he had seen a list a while ago which showed what the Shorewood property owners' had
pledged as well as those individuals who had made no decisions. He noted he did not know how much
had been collected from the residents.
Liz6e moved, Bailey seconded, continuing this item to the May 24, 2010, City Council meeting and
asking that Lake Minnetonka Association Executive Director Osgood and the Enchanted Island
residents be asked to attend.
Councilmember Turgeon stated she wanted to be provided with all of the funding information and
treatment costs, as well as what happens to unspent money.
Motion passed 4/0/1 with Woodruff recusing.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Administrator Heck stated there is Excelsior Fire District Board budget work session scheduled for May
12", and there is a Minnehaha Creek Watershed District (MCWD) Board meeting scheduled for May 14 "'.
Director Brown stated Smithtown Lane has been reclaimed and crews are working on the other details of
the project. He explained utilities have been removed and the utility pole is gone, and the cul-de -sac is
being constructed. Utility crews are in the process of relocating gas services and power poles are being
relocated in the Wild Rose Lane area. The utility crews were authorized to start early so they could be
done before the contractor brings in its heavy equipment.
Director Nielsen stated the firm the MCWD had hired to do landscaping maintenance at Gideon Glen had
conducted a controlled burn of the site. This is year two of a three — four year effort to try and improve
the grasses. The firm believed burning the area was the most effective way to improve the area.
Councilmember Turgeon stated the residents had not been informed of the burn in advance. Nielsen stated
he would check into who was notified.
1. Waterford Pond Maintenance Proposal
Engineer Landini stated the meeting packet for this meeting contains a report on the Waterford Pond
Outlet A. Council is being asked to accept the Waterford Pond Outlet A Maintenance Report.
Administrator Heck stated this report is to inform Council that this work must be performed.
Woodruff moved, Turgeon seconded, accepting the Waterford Pond Outlot A Maintenance Report.
Motion passed 510.
B. Mayor and City Council
Councilmember Woodruff stated the Lake Minnetonka Communications Commission is working on a
project related to fiber to the premise. The name for the enterprise is Tonkaconneet and its website is
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May 10, 2010
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www.tonkaeonnect.com. A workshop has been scheduled for Saturday June 5 at Westonka High School
primarily for the benefit of the LMCC's member cites councils, school boards, public safety officials and
other officials to educate them on what this project is about.
Councilmember Turgeon asked Mayor Lizde if she had looked into the concern about the lack of
enforcement by the South Lake Minnetonka Police Department (SLMPD) on items discussed during the
April 12' Council meeting (the issue of oversized vehicles on residential streets, and the lack of response
to calls from residents on Phelps and Enchanted Islands). Lizde explained she asked the SLMPD about
this. The SLMPD generated a report indicating it had not received any calls about such things since
January 2010.
Mayor Lizde stated there was a meeting of the SLMPD Coordinating Committee on May 5"'. She
provided a brief update of what was discussed during the meeting. She noted there had been a budget
work session scheduled for that same evening but it was postponed.
12. ADJOURN
Turgeon moved, Zerby seconded, Adjourning the City Council Regular Meeting of May 10. 2010,
at 7:40 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
ATTEST:
0 � � k� L -ZC
Christine Lizde, Mayor