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10-14-13 CC Reg Mtg MinCITY OF SHORE, WOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 14, 2013 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, and Woodruff; Acting Attorney DeVinche; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Homby Absent: Councilmember Sundberg B. Review Agenda Siakel moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, September 23, 2013 Woodruff moved, Hotvet seconded, Approving the City Council Executive Session Minutes of September 23, 2013, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, September 23, 2013 Woodruff moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of September 23, 2013, as amended in Item 6.13, Page 7, Paragraph 6, Sentence 1 change "Councilmember Woodruff stated he went on the tour with the Park Commission on September 17" to "Councilmember Woodruff stated he went on the tour with the Planning Commission on September 17". Motion passed 410. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Setting the Date for the Appreciation Event C. Adopting RESOLUTION NO. 13 -063, "A Resolution Electing to Not Waive the Statutory Tort Limits for Liability Insurance." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 2 of 15 D. Setting the Time of the Tuesday, November 12, City Council Meetings Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. k� 1!11311 [�7I0I� 7I►`C!I None. 6. REPORTS AND PRESENTATIONS A. Minnesota State Senator David Osmek Report on Senate Activities Mayor Zerby introduced State Senator David Osmek who is present to report on State Senate activities Senator Osmek noted he took office as a State Senator the first of this year. He stated his intent this evening is to introduce himself to Council. His motto is he is not successful unless he is helping the cities in his district be successful. He explained that before being elected to the Senate he was a member of the Mound City Council for eleven years. He was born and raised in Glencoe, Minnesota. He lives in Mound with his family. Senator Osmek stated from his vantage point the last legislative session was very interesting. It was historic in many ways. He explained that although he did not get some of the things he would have liked he was successful in getting a few things done, even non - legislative ideas. For example, before buses were not able to use the shoulders on Highway 494. Southwest Transit has been able to improve its service to customers because it can now drive on the shoulder. He serves on three committees — the Finance Environment, Economic Development and Agricultural Committee; the Finance Transportation and Public Safety Committee; and, the Environment and Energy Committee. He noted he has learned a lot about the electricity grid in the last eight months. Senator Osmek explained he is working with Mound to help them secure part of a grant that would come out of one of the Legacy Funds, In 2008 the voters passed the Legacy Amendment. The Legacy Amendment increased the state sales tax by three- eighths of one percent. The funds are to be used for the environment, arts and other types of activities. Most of the Legacy funds had been going outstate. In the metropolitan area there is now approximately $5 million for legacy opportunities to improve the environment. In this area that means Lake Minnetonka. Mound is applying for grant to do some passive water filtration of street stormwater runoff. He encouraged the City to contact his office if it has those types of projects. He noted he is a member of [the Minnesota Pollution Control Agency] Clean Water Council (CWC) and that group governs those types of applications. Councilmember Hotvet asked Senator Osmek to give an example of an unusual or up- and - coming environmental issue. Senator Osmek stated currently the biggest focus is on invasive species. There is also a focus on nitrates. Osmek explained that nitrates are just as big an issue as phosphorous is when it comes to water. The CWC is focusing on where the nitrates are coming from. There are point sources and non -point sources of nitrates and phosphorous. People know where the point sources are coming from (e.g., factories, large operations and feed lots). It's the non -point sources that come, for example, from drainage ditches that feed into streams and eventually into rivers such as the Mississippi River. The CWC is focusing on non -point sources. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 3 of 15 Councilmember Siakel stated with regard to invasive species she asked Senator Osmek what he is doing to support the Lake Minnetonka Conservation District (LMCD); it impacts a lot of the geography in the district Senator Osmek represents. She clarified it is not just about zebra mussels; it's about other types of existing and future types of invasive species as well. She asked what Senator Osmek is doing to support the Christmas Lake Homeowners Association (CLHA) and the Minnesota Coalition of Lake Associations (MN COLA). MN COLA has submitted a grant request to Lessard -Sams Outdoor Heritage Council for funding next year for aquatic invasive species (AIS) decontamination equipment Statewide. And, to support preventing AIS from entering water bodies in Senator Osmek's district. Senator Osmek stated he is familiar with the LMCD and the Minnehaha Creek Watershed District (MCWD) because of his tenure on the Mound City Council. He tries to focus on rules and efforts that can have significant impact rather than those that infringe on people's land rights around Lake Minnetonka. He then stated the CWC is just starting to switch gears to start using the $5 million to do what Councilmember Siakel is talking about and to deal with street stormwater runoff. There needs to be a focus on passive filtration systems. He noted he has not spoken with the LMCD or the CLHA yet, but he is more than willing to do that if asked. Mayor Zerby stated he appreciates the work that was done on reducing the State sales burden on municipalities. Senator Osmek noted that was part of the tax bill he liked and there were a lot of things he did not like in the bill, Zerby stated the City receives police and fire services through joint powers organizations. Currently joint powers organizations are exempt from the Sales tax exemption. It's his understanding that exemption is being considered for joint powers organizations as well and he hopes that comes to fruition. Osmek stated he would be very supportive of treating government joint powers organizations the same. Zerby asked Senator Osmek if he has been involved at all with the Xcel Energy transmission line upgrade project in this area. Director Brown noted that will come up Highway 41 along State Highway 7 and through some Lake Minnetonka communities and then head toward the City of Plymouth. Osmek stated he is not aware of that project but he will ask his legislative assistant to get him information about that project. Senator Osmek stated there was a significant upgrade that had to be done around the City of Medina. He explained he and State Senator Bonoff and a number of other senators sponsored a bill to ensure Xcel used the least intrusive and lowest level of transmission increase. There has been discussion that needs to be discussed on a more global level. There are triggers used to help decide how much of an increase needs to be made is set to high. There needs to be a way to ensure power is provided without increasing the transmission excessively. Mayor Zerby stated there is sensitivity to too much of a transmission line upgrade because taller power poles around Lake Minnetonka negatively impact the view. Osmek stated it is difficult to bury power lines around the Lake because of the trees. Senator Osmek stated he intends to visit each city council in his district at least once a year. If a City has a particular issue they would like him to be involved with he is open to attending additional meetings. He noted a Senate Office Building is being built to the north of the State Capital. It should be in operation in 2015. Mayor Zerby thanked Senator Osmek for coming to the meeting. B. Deer Management Program — Neighborhood on Site 2 Suspension CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 4 of 15 Director Nielsen explained the City has had a Deer Management Program for the last seven years. The Program was initiated as aresult of residents' requests for the City to help do something to reduce the deer population in Shorewood. The Program was suspended one year and as a result the population jumped the following year. The City has committed to forwarding all correspondence relative to the Program, both pro and con, to the City Council. He noted the City received a request from the owners of the property at 27195 Marsh Pointe Court requesting the City to discontinue the Program for Sites 1 and 2. That property does not technically abut Site 1 while Site 2 wraps around that property. The harvesting on Site 2 was suspended for October 4 and 5. The City sent a notice to all property owners abutting Site 2 that the harvest was suspended for that weekend and that Council will be taking some action at this meeting about Site 2. The City received correspondence from some of the property owners abutting Site 2. In all cases they supported continuing with the Program. Mayor Zerby noted the notice sent to the owners of properties abutting Site 2 indicated Council will hold an informal hearing on this topic. Mayor Zerby opened the public comment portion of this informal public hearing at 7:23 P.M. Kevin Minchk 27195 March Pointe Court, stated he and his wife each sent an email to Director Nielsen asking the City to stop the Program for Sites 1 and 2. Their property abuts Site 2 and he can see all of Site 1 from various spots in his home especially now that the leaves are falling. He noted he moved into Shorewood on December 5, 2012. He did not know there was a Deer Management Program in place when they purchased the home. He also noted he is a hunter and he does not have issues with hunting under the State's regulations. He stated there are plenty of opportunities and wildlife management areas for people who would like to harvest deer. From his perspective hunting within city limits is cheating; it is not fair to the animals. Mr. Minchk explained this year there are five deer that frequent the marsh on the side he lives on. There is a doe with two fawns and another doe with one fawn. He and his family have watched the fawns grow since the day after their births. He and his family find it upsetting that a yearling can be harvested as part of the Program. He stated that per the agreement the City has with Metro Bowhumers Resource Base (MBRB) the bowhumers have to take a class and be certified to partake in the harvest. He then stated a misplaced arrow can leave a wounded deer and a wounded deer could end up in his yard or his neighbor's yard. The wounded deer could potentially be harmful. He clarified that could be an extreme case. Mr. Minchk stated he feels like the deer are being harvested because they are eating residents' plants and gardens. He thinks that is an injustice. From his perspective, if a person lives next to a nature area they have to expect that wildlife will roam onto their property and potentially eat plants. Many types of wildlife come onto his property and they eat his plants. He then stated if there were a high rate of deer - vehicle accidents or a lot of deer traffic on Highway 7 he would understand the need for the Program. But, with the low speed limits in the City he does not think there is a need for it. He commented that he almost hit a yearling that was by herself. Mr. Minchk asked Council to authorize halting the Program for Sites I and 2. Chris Wee, 5707 Brentrid¢e Drive, noted she supports the City's Deer Management Program. She explained she lives in Site 1 and she owns property in Site 2. Her four -acre property extends into wetlands. She stated she thought there are three issues. There are health and safety issues. The deer are destructive. They carry diseases like Lyme disease, human anaplasmosis (a bacterial disease), Rocky Mountain spotted fever and others. The Program is a population control effort that the City has successfully undertaken. There is no predator except her car. She noted she hit a deer about five years ago while driving at a speed of about 15 miles per hour. Her 13- year -old daughter was in the car with her. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 5 of 15 There was about $500 in damage to her car. Unfortunately, the deer did not have any insurance so she had to pay for the damage. The police were called and the deer was dispatched in someone's front yard along Smithtown Road. The Program is a common sense approach to deer management. The MBRB bowhunters are licensed professionals and certified sharpshooters. She asked the City to keep the Program going. She explained the bowhunters put up a stand in her yard. They call her before they come each season but she has never seen one of them or the deer they harvest from her property. She encouraged the City and the MBRB to keep up the good work. Carol Shelly. 27055 Smithtown Road, noted she and her husband are entering their tenth year as residents of Shorewood. She explained their property is across from the marsh. She stated she strongly supports continuing with the Deer Management Program. She expressed concern about traffic accidents with deer. Deer are active all day long. She stated there are many, many people who do not obey the 30 miles -per- hour speed limit on Smithtown Road. Because of the trees along the roadway the deer come out from the trees onto the roadway very quickly. She expressed concern about the health of the deer. The more deer there are the less food there is for them to eat including residents gardens. It is not healthy for deer to not have enough food to eat. She then expressed concern that the more deer there are the closer they come to people's homes. She stated she has six grandchildren and they have a nice horse swing. There is a nice walkway where the deer pass by. In her neighborhood she has observed does put their heads down and go after dogs. She would not want that to happen to her two - year -old grandson. She noted that she does not like to clean up deer droppings in her yard. She expressed concern that the more the deer walk through her yard the more deer ticks there will be. She stated she does spray her garden and that seems to keep the deer away from it. She then stated even after deer are harvested there are plenty of deer remaining in the City to enjoy. She explained it is her understanding that the deer meat that is harvested is given to food shelves or shelters. She stated it is better to harvest the deer with a bow and arrow than with a gun or by poisoning. It would cost a great deal to try and relocate the deer. She then stated it is not healthy for animals or humans if there are too many animals. Bob Thiner, 5855 Brentrid2e Drive, stated last year was the first year he saw any accumulation of deer and there were five behind his house. He noted that it is not easy to hunt Site 2. He stated he assumes bowhunters cannot set up on private property around the marsh. He then stated one deer was harvested in 2012 from Site 2 yet the aerial survey for Site 2 showed the highest concentration of deer there. He noted the primary reason he is neutral about this is he does not think harvesting on Site 2 will make a difference. He stated he and his family have lived where they do for 25 years and over time the wildlife has been decimated except for deer and coyotes. From his vantage point Marsh Pointe was the decimation of pheasants. He noted he thought it is okay to have a few deer around. Mayor Zerby commented that the City has received a few reports of wild turkeys. He clarified that bowhunters can harvest on private properties located in one of the various designated harvesting sites with a property owner's permission. Director Nielsen noted that most harvesting sites are private property. He stated residents have asked that their property be harvested. He explained Staff and harvest coordinators from MBRB go out in advance and evaluate the sites in terms of room and the ability to have an elevated stand. They have to hunt from an elevated stand so that the arrows go downward to avoid errant shots. He stated the City does send out a notice to the owners of the properties that abut the sites where the harvest will occur. Mayor Zerby asked on behalf of a member of the audience if there are statistics about the previous years' results. Director Nielsen stated he does not know them off hand. Nielsen then stated 18 deer were harvested the first weekend this year and 8 the second. The second weekend there was a very rainy Saturday and they were not able to harvest. He thought 32 were harvested in 2012 and that was the most CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 6 of 15 ever. He then stated there are maps that show which sites the deer are harvested from and there are the aerial maps. Mr. Minchk asked if there are quotas for harvesting. Director Nielsen stated the City's Deer Management Program talks about an overall population for the community of 75 — 90 deer. He then stated the aerial count has ranged from 70+ deer to 140 deer. He noted that is a snapshot in time. Mr. Minchk asked if there are any statistics about vehicle /deer collisions in the City. Mayor Zerby stated the South Lake Minnetonka Police Department would have those statistics. Councilmember Siakel stated she does not think the City has ever gone under the recommended population of deer. And, it does not have a recommended quota to harvest. She then stated the City's Deer Management Program is a very well thought out process; a process vetted by the Planning Commission. She explained the City pays to have the Minnesota Department of Natural Resources (iNIN DNR) in February to try and get a sense for the approximate deer population. In the fall the City schedules five weekends for the harvests. It does not set an amount that it wants harvested. Residents approve MBRB bowhunters hunting on their property. She clarified the Program is not about taking out a set number of deer; it's about having a balance between the public and wildlife. She noted that she would be flexible about harvesting Site 2. Tom Shelly, 27055 Smithtown Road, asked if the City has any statistics about the coyote population in the City. Director Nielsen stated it does not but the City knows there are some. Nielsen explained that two years ago a wounded deer was tracked until midnight. It was not found. By 6:00 A.M. the next morning there was nothing but bones remaining. Mr. Shelly stated he assumes that the more deer there are the more attractive it is to coyotes. He views that as a potential threat to pets. He thought that keeping the deer population down will encourage a reduced coyote population. He noted that he is not flexible about harvesting Site 2; he wants it to resume. He stated he and his wife experience a lot of deer coming through their yard and those deer come from the marsh. Mayor Zerby closed the public comment portion of the informal public hearing at 7:44 P.M. Councilmember Woodruff stated the Program has two objectives as previously mentioned by Director Nielsen — managing the concentration per square mile and managing the City -wide population. The aerial population calculated from the February aerial survey is very difficult to estimate. He then stated the harvesting sites, including Site 2, were chosen because of the concern about the concentration of deer. He thinks that concern needs to continue to be addressed. He reiterated Councilmember Siakel's statement that the City has never come close to its minimum target City -wide population of deer. He stated if it were close to that the harvesting would be cut back or cancelled. There have been instances when enough deer were not harvested so an additional harvest weekend was added. He thinks the Program is doing what it is supposed to do. He noted that the MBRB bowhunters are very good at what they do. He stated that residents have personally complained to him about the damage deer cause. He commented that he knows of a situation where a deer ran into a vehicle parked at a stop sign causing $1,200 in damages. He noted that he thinks that managing the deer concentration and population is necessary. Director Nielsen explained Site 2 is the largest site; but, only two islands on the southern half of the site are harvested. Bowhunters harvest as conditions permit. Councilmember Hotvet noted that she is in both camps and therefore is not in a place to give direction one way or the other. She agrees with Councilmember Siakel that the process has been studied and vetted. Mayor Zerby stated staff provided Council with three options to consider: 1) remove Site 2 from the Deer Management Program; 2) deny the request if the majority of affected residents favor the Program; or, 3) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 7 of 15 modify the boundaries of Site 2. He asked if it is appropriate to harvest yearlings. Director Nielsen stated the MBRB is directed to take any deer. He noted fawns and yearlings grow into does and bucks. He explained that the first year or two of the program the harvest was limited to antlerless deer only. Couneilmember Woodruff stated the MBRB operate with a deer license from the MN DNR and they operate under the terms of that license. Woodruff moved, continuing the Deer Management Program harvesting on Site 2. Councilmember Siakel asked how many private property owners in Site 2 have given the bowhunters permission to harvest on their property. Director Nielsen stated lie has not tallied that. He noted that the properties along Brentridge Drive backup to Site 2 and the properties along March Pointe Court backup to it. Director Nielsen stated deer come up into the City from the City of Chanhassen and make a Loop through the City. There is a bunch that comes through from the City of Tonka Bay. There are different herds that move through and around Shorewood on various circuits. Councilmember Siakel noted that she has had several deer come onto her deck Siakel seconded. Motion passed 4/0. Mayor Zerby stated this was a difficult decision for him and probably for Council. But, Council had to represent the community as a whole and the majority of residents want the harvesting of Site 2 to continue. He noted there is a large public safety factor that had to be taken into account and a large animal safety factor as well. 7. PARKS A. Report on the October 1, 2013 Planning Commission Meeting Chair Geng reported on matters considered and actions taken at the October 1, 2013, Planning Commission meeting (as detailed in the minutes of that meeting). B. MINOR SUBDIVISION Applicant: Tommy and Robyn Wartman Location: 5985 Eureka Road Director Nielsen explained during August 2013 the Planning Commission recommended approval of a minor- subdivision for Tommy and Robyn Wartman for their property located at 5985 Eureka Road. That property had been platted as two lots years ago and then combined into one at some point. The Wartmans want to put it back to the original two single - family lots. The property is zoned R -lA, Single- Family Residential, and it has 2.36 acres of land. There is one single - family house on the property. There is a small wetland on the back of the property. There is a ditch that connects the wetland area to a drainage system on the west side of Eureka Road. The buffer plus the wetland setback amounts to 50 feet under the City's regulations. The Minnehaha Creek Watershed District has asked for a conservation easement 20 feet on each side of the center line of the ditch. Both of the lots would be quite buildable. The applicants have provided drainage and utility easements 10 -feet -wide around each lot and conservation easements over the wetland area. The applicants have satisfied the list of requirements in the staff report. He noted staff and the Planning Commission recommend approval of the minor subdivision as submitted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 8 of 15 Nielsen noted the Wartmans are present this evening. Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -064, "A Resolution Approving Subdivision of Real Property for Tommy and Robyn Wartman, 5985 Eureka Road." Motion passed 4/0. Mayor Zerby noted that some of the members of the audience are present for the discussion about the potential Summit Woods planned unit development (P.U.D.). There will not be a formal discussion about that this evening. There will be that opportunity after the Planning Commission makes its recommendation. He recommended interested parties speak to Councilmembers directly over the next few weeks to convey their concerns. Director Nielsen noted the Planning Commission's next meeting is scheduled for November 5, 2013, at 8:00 P.M. The meeting will be noticed. Councilmember Woodruff stated the Summit Woods site will be difficult to develop. It is highly wooded and there are steep slopes. And, Summit Avenue is a very narrow street. The residents that attended the October 1, 2013, Planning Commission meeting made it very clear that they are not in favor of the P.U.D. because of the concentration of homes, the proximity of houses to the street and the number of homes that would be added near a very hilly street. The developer may come back with other options. 9. ENGINEERING /PUBLIC WORKS A. Accept Proposal for Professional Services, Municipal Separate Storm Sewer System (MS4) Design Services Proposal Director Brown explained the meeting packet contains a copy of a memorandum from him regarding the update to the current Municipal Separate Storm Sewer System (MS4) Permit and Program that is necessary to meet the newly mandated Environmental Protection Act (EPA) and Minnesota Pollution Control Agency (MCPA) standards. Staff solicited a proposal from WSB & Associates to perform the update. WSB spent a significant amount of time outlining the tasks that must be performed as part of the update. WSB's proposal is in the amount of $18,500. He noted that he has gone through the proposal in great detail and he finds the proposal to be very cost effect after surveying other communities' costs. He stated Staff recommends Council accept the proposal. Councihnember Woodruff asked Engineer Homby about how many of these WSB is working on. Homby explained WSB works for a number of communities in the area and there are some similarities. WSB tries to bring costs down by training city representatives together and doing other things from a holistic perspective. Woodruff noted WSB did do the existing plan. Zerby moved, Hotvet seconded, accepting the WSB & Associates proposal for providing professional design services to prepare Municipal Separate Storm Sewer System documents and Permits as outlined in its proposal for an amount not to exceed $18,500. Motion passed 4/0. Discussion moved to Item 10.A on the agenda per Mayor Zerby's suggestion. B. Sanitary Sewer Service Connection for Metropolitan Council Environmental Services This item was discussed after Item 10.A on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 9 of 15 Engineer Homby explained the City received a request from a property owner to connect to the sanitary sewer system. The only sewer system available in that particular location is the Metropolitan Council Environmental Services (MCES) interceptor system. There are areas in the City where the MCES system does have a dual purpose and act as a lateral sewer as well. The petitioner has to make application for the permit and that has been done. MCES requires the City to make a formal application for the permit connection. The meeting packet contains a copy of such application and a copy of a resolution authorizing staff to submit the application. Councilmember Woodruff asked if the applicant is responsible for all costs. Engineer Hornby responded yes and noted the applicant has a contractor lined up to do the work and the City will do the inspection. Hotvet moved, Woodruff seconded, Adopting RESOLUTION NO. 13 -065, "A Resolution Authorizing Application for Connection to Metropolitan Council Environmental Services Facilities." Motion passed 4/0. C. Accept Petition for Water Connection on Edgewood Road Engineer Homby explained the City received a petition from the owner of the property located at 27010 Edgewood Road to connect to the City's water system. The petitioner is constructing a new house on the property. The owner's representative has been informed that the City has a connection fee of $10,000 and that the city would contact a contractor to obtain quotes to install the water service to the property line. The representative did request that there would be an opportunity to opt out if the cost to extend water is too expensive (any cost above the $10,000 which the owner would be responsible for). He noted the meeting packet contains a copy of a resolution accepting the petition and authorizing a connection. IF Council adopts the resolution staff will seek quotes to install the service and that will be presented to the owner's representative. If the owner wants to move forward the work will be done this year. Councilmember Woodruff asked what impact there would be on street during construction. Engineer Homby stated staff is evaluating alternatives such as directional boring or opening up the roadway. Director Brown explained the property is located opposite the Nobel Road intersection. The roadway would be fully closed for at least one day and again for one -half day when the asphalt is put down. Engineer Hornby noted that the petitioner for the local improvement has also waived their objection to an assessment of the cost. Hotvet moved, Siakel seconded, Adopting RESOLUTION NO. 13 -066, "A Resolution Accepting Petition and Authorizing a Residential Connection to the City Water Distribution System." Motion passed 4/0. Discussion moved to Item 12.A on the agenda. 10. GENERAL /NEW BUSINESS A. Lake Minnetonka Communications Commission 2014 Budget and Proposed Amendments to the Joint Powers Agreement This was discussed after Item 9.A on the agenda. Joe Huber, the City's representative to the Lake Minnetonka Communications Commission (LMCC), stated he is present this evening to support the passage of the proposed two amendments to LMCC joint powers agreement (JPA) and the 2014 LMCC budget proposal. He explained one JPA amendment will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 10 of 15 allow withdrawal from the LMCC provided notice is given by October 15 with withdrawal December 31 of the following year. The second amendment allows for approval of future JPA amendments by only two - thirds of the LMCC member cities. Currently 100 percent approval is required. An exact amount for the budget will not be known until after December 31, 2013, because that is the final date for member cities to rescind the withdrawal notices they have given to the LMCC. The budget proposal provided is a very likely scenario. The budget includes contingency funding should things actually be worse and result in a need to lay off staff. That money would be coming from reserves. It would not impact the current operational budget. There is a provision to allow the LMCC to reach service agreements with the cities that withdraw and to be able to spend the revenues received for the services provided. Mr. Huber stated after the likely withdrawal of some member cities Shorewood, which has long been the largest contributor to the LMCC, will likely represent slightly less than 25 percent of the LMCC's revenue. It is currently approximately 15 percent. Shorewood would be a very significant player after the withdrawal. He then stated he has been a strong supporter of ensuring that any service agreements with the former LMCC member cities would be priced such that the services cost at least what member cities' cost share would be. Mayor Zerby stated the Excelsior City Council has approved the JPA amendments and the 2014 budget. Mr. Huber noted that he has heard that the Greenwood City Council approved the JPA amendments but not the 2014 budget. Mayor Zerby noted only a majority of the member city councils have to approve the budget but 100 percent have to approve the JPA changes. The LMCC needs to have an approved budget in order to operate. If it does not it basically shuts down. Woodruff moved Adopting RESOLUTION NO. 13 -067, "A Resolution Approving Amendments to the Lake Minnetonka Communications Commission Joint Powers Agreement." Councilmember Woodruff noted that earlier in the year Council adopted a resolution in support of the LMCC and the City remaining part of the LMCC. Mayor Zerby stated a number of member cities submitted a notice of withdrawal to the LMCC conditional on the JPA amendments being passed so they would have flexibility to withdraw in future years and not have to wait ten years. Adopting the JPA amendments is important in order to attempt to keep as many cities in the LMCC as possible and to make it as effective as possible. Siakel seconded. Motion passed 4/0. Woodruff moved, Adopting RESOLUTION NO. 13 -068, "A Resolution Approving the Proposed 2014 Lake Minnetonka Communications Commission Budget." Councilmember Woodruff stated he could pick at the proposed budget but given the uncertainty that the budget was prepared under he does not know how a better job could be done than what has been proposed. He then stated he thought it is unfortunate that a change in the level of staffing will result in a reduction of service. Siakel seconded. Mayor Zerby stated that normally it would not have been a budget worthy of approving, but there were so many moving pieces. He applauded Mr. Huber for the effort he put into coming up with a budget that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 11 of 15 would work in this situation. Councilmember Siakel asked Mr. Huber if he would reconsider staying on as the City's representative to the LMCC for one more year when his term is up. Mr. Huber stated he would not. Motion passed 4/0. Mayor Zerby thanked Mr. Huber for his efforts. Councilmember Woodruff recommended staff start advertising for a replacement for Mr. Huber. Discussion returned to Item 9.13 on the agenda. 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff This was discussed after Item 9.0 on the agenda. 1. City -Owned House Update Administrator Joynes stated the City closed on the sale of the City -owned property located at 5795 Country Club Road on October 11, 2013. The house sold for $317,000 and the net proceeds after preparation costs and commissions were paid were $288,000. That has been deposited into the General Fund. 2. Construction Update on Trail Projects Engineer FIomby explained the City has heard about concerns about the perceived lack of activity on the Smithtown Road west sidewalk project. Staff meets with the contractor for that project weekly and staff has been working with the contractor to refocus priorities on the project to work toward completion. Staff will send a letter to the contractor on October 15 after staff review to try and encourage the contractor on that issue. Part of that is the City liquidating damages. The contractor is aware that the letter is coming. Director Brown explained that when the City awarded the project it was to a contractor who was not one of the City's mainstay contractors. Council reviewed the bids and the bid from the contractor who was awarded the contract was significantly less. When staff did the research and background checks on the contractor, the contractor had plenty of forces. The contractor continued to bid contracts and now it is shorthanded. The contractor balances out where the damages are between the various projects it has going on and takes its lumps where it can. From the City's side everything is being done contractually within the City's legal means to encourage the contractor to bring enough forces to maintain adequate progress on the project. He noted staff is and has been concerned about that and it has been urging the contractor to pick up the pace. He explained the contractor wants to put down the sidewalk and then do some activities that could potentially damage the sidewalk. Staff is trying to short circuit that and tell the contractor that is not acceptable. Sometimes you have to let the contractor do what it wants to do and then work through it after the fact. Now is a challenging point in this project. Staff will continue to keep Council updated. He noted that the project is not going unmanaged. Mayor Zerby asked if there is legal opinion on this. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 12 of 15 Director Brown stated the contract is very clear. It has been reviewed by the City Attorney. The City is not pursuing legal action in a litigative manner. The City is pursuing conditions related to the contract. Mayor Zerby asked if the letter staff intends on sending will come from the City Attorney or from the City. Director Brown responded it will come from the City as contract administrators. Zerby asked if it would carry more weight if it came from the City's legal representative. Brown responded possibly but negatively. Director Brown explained that at this time there is a fine balancing act of reminding the contractor of its contractual obligations without backing the contractor into a corner. Very shortly that will end. Staff is trying to maintain a cooperative relationship at this time. Mayor Zerby asked what remains to be done on the trail. Director Brown explained there is slope grading that needs to be done behind the back of sidewalk. There is installation of insulation for some ancillary drain the that the contractor had planned on doing after the sidewalk was put down; staff finds that unacceptable because it may damage the sidewalk. There is installation of the sidewalk itself. Zerby then asked if those tasks can still be done this construction season. Brown stated that depends if the two parties can agree on what will be acceptable from an end product standpoint. Brown then stated if the contractor has its way it would put the sidewalk down and then do operations on top of that walk. Staff does not think that is the right thing to do and it is not what the City contracted for. Zerby also asked if the project in its current state would survive the winter properly. Brown stated staff would not leave it go in the current condition. The City has to maintain safe conditions for pedestrians and motorists. Some of the existing obstructions in the project area have to be addressed. Zerby went on to ask if another contractor is being considered to complete the tasks. Brown explained there is a process that has to be followed before that can happen. Force account work can be used to correct any situation that would be deemed unsafe but another contractor cannot be called in to complete the project at this time before a due process has been followed. Councilmember Siakel asked if there are segments staff deems unsafe that have to be addressed before winter. From her perspective the stock piles at the intersection of Eureka Road and Smithtown Road where the access to the trail is are problematic as is the area in front of the school. Director Brown stated those are and they have been being discussed with the contractor for the last two weeks. Brown then stated some of the items, such as the stock piles and cleaning up the site, are very small items. Those types of things will not be left over the winter even if it means Public Works doing that work. Brown reiterated there is a due process contractually that has to occur. Councilmember Hotvet asked if the contractor has been paid in full. Director Brown noted the contractor has not been paid in fu11. Brown explained that a retainage is held on each pay voucher to ensure that the processes are complete. The City legally has to pay the contractor for work it has completed minus the retainage. Engineer Homby explained that approximately $526,000 in work has been completed to date. The contractor has been paid for that minus 5 percent. The amount paid is approaching the 50 percent level. Councilmember Woodruff stated he drove the entire length of the project area the afternoon of October 10 and the only crew working was a crew of three Public Works employees working at an intersection. Councilmember Hotvet asked who can attend the meetings with the contractor. Engineer Homby stated generally City staff and contract staff. Homby noted that he and Director Brown, contractor representatives, and the construction staff attend. Hotvet then asked if any member of Council is welcome to attend. Homby stated he would prefer that staff be given the opportunity to work with the contractor to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 13 of 15 accomplish the things that are trying to be accomplished under the contract. He explained that staff wants to start working on a contingency plan just in case there are some issues that have to be dealt with before winter. The City has to continue to work with the contractor under the terms of the contract to complete the contract. Hotvet stated there are some grading issues in areas where you are turning off of off roads onto Smithtown Road. Director Brown stated if Council has specific concerns he asked they convey them to staff and then staff will try and administer them through the terms of the contract. Mayor Zerby asked if staff has worked with the owner of the contract company. Director Brown responded yes. Director Brown stated the City has been fortunate to have had contractors who reside in the City be the lower bidders. They have been good contractors. When they show up on site they remain committed to the project. When the City deviates from using known contractors based on low bid alone that can become problematic. He explained that State Statute states low bid for a responsible bidder. But, proving or disproving responsible can be difficult. He stated just because a contractor has the resources to do a project at bid opening time it does not mean they quit bidding other projects. For the contractor it becomes a poker game as to which project it will take its losses on. Mayor Zerby stated from his perspective there have been warning signs about the contractor along the way. For example, it's his recollection the contractor started on the project about one month late. It's unnerving to him to hear staff say at this time that maybe the City chose the wrong contractor. Director Brown apologized to Zerby if that is what he has taken away from this discussion. Brown stated that from the start staff has been urging the contractor to put adequate resources on the project. He noted it is being discussed this evening because of the severity of the issue. He stated that staff is moving in a direction to prepare for the legal action that may have to be taken should that be necessary. Couneilmember Siakel clarified that she did not take from this discussion that staff has been mismanaging the project. She stated because the City may have future trail /sidewalk projects she would think the contractor would manage this project well in anticipation of future contracts with the City. The contractor's history with this project may give the City the information it needs to decide if the contractor is responsible. Engineer Homby suggested using a qualified bid process in the future. That would allow contractors to bid the project and allow the City the opportunity to review the proposal format the bidders would submit based on criteria the City sets. Some of the criterion can be extra work claims, completing work on time and previous work with the City. The City would basically score each bidders proposal with a scoring system that is defendable. Couneilmember Siakel stated at this time she just wants the project to be done right. She does not want to have to correct things after it is done because things were not done right or because they were rushed. 3. Report on Ground Grape Vines Administrator 7oynes stated a couple of weeks ago Couneilmember Hotvet called him and told him about the issue vines around some trees in City parks. He had staff look into the issue. He explained there are three types of native vines that occur in vegetation in this area; all three are considered non - toxic. The vines grow in areas where there is lots of sunlight. Therefore, they are seen on the outside of tree areas. CITY OF SHOREWOOD REGULAR COUNCIL ?MEETING MINUTES October 14, 2013 Page 14 of 15 The State of Minnesota has advised staff that a vine can be killed at it root Level by cutting it but pulling the vines out of the trees can cause more damage than anything else. The suggested method for dealing with the vines is to cut the root of the vine and then let it deteriorate on the tree. 4. Silver Lake Project Summary Engineer Homby explained the City has received feedback from some residents in the area around Silver Lake regarding their concerns about Silver Lake and some of the drainage improvements the City has made and future improvements. Based on what he has heard there seems to be misinformation being talked about. He would like to post the letter he authored about the concerns on the City's website and mail it to residents in the Silver Lake area. The purpose of the letter is to identify things factually. Staff asks for direction from Council about sending the letter and putting it on the website. Councilmember Woodruff stated he thought the letter is a factual statement of what is going on. He supports sending it out. Mayor Zerby stated there is a comment about the City having tested the sediment that was removed. Engineer Homby explained before sediment can be excavated for removal what's in it has to be determined. Therefore, it has to be tested. Based on the level of contaminants in the sediment there are certain things that can be done with it. Based on the level of the Polycyelic aromatic hydrocarbons (PAHs) the City hauled all of the material taken out to a certified site for disposal. No further testing was done in the lake after the sediment was taken out. The Covington Road sediment tank will help keep some of the sediment from getting into the lake. Councilmember Siakel stated she agrees with Mayor Zerby that the City will get questions about the sediment, chemicals used and so forth. She suggested removing making item 4 which states "The City does not currently have plans for additional improvements." the closing of the letter. Councilmember Woodruff stated the intent of the project was not to test for PAHs or anything else. The intent was to clear a channel to allow proper drainage of stormwater into Silver Lake. In concert with that the City had to do the testing and properly dispose of the sediment. He suggested modifying item 1 slightly. He explained that most ponds and lakes in the urban area are contaminated with PAHs. If the contaminated sediment on the bottom of the lake is left intact it is not a hazard. But, if it is excavated it has to be dealt with properly. Other Director Brown stated for the next Council meeting he hopes to have data from the Country Club Road speed awareness signs. There have been some issues with trying to communicate with the signs via Bluetooth technology and staff is working with the vendor on that. For that meeting there will be a request for additional signs on the agenda for placement near the Minnewashta Elementary School. Councilmember Woodruff cautioned against purchasing any more signs. He wants staff to figure out the process for using the ones on Country Club Road first. Councilmember Siakel stated it has been her experience that the sign monitoring traffic going north on Country Club Road does not display the speed as often as the sign when going south. Councilmember Woodruff state he remains concerned about the amount of vegetation shading the solar collectors. He asked if it would be helpful to trim the trees in the area. Director Brown stated that takes cooperation from manager of the Minnetonka Golf Course. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 14, 2013 Page 15 of 15 Councilmember Siakel stated the roadways have been striped and she asked if that has had a positive impact. She thanked staff for following through on that. Director Nielsen noted there is a Park Commission meeting scheduled for tomorrow night. He explained that part of the meeting will be a kickoff meeting on the Badger Park preliminary design. Jason Amberg will attend the meeting and go through the scope of work that was presented to them and to discuss issues. The meeting has been posted in case a quorum of Council wants to attend. He stated he will pass on the discussion about phasing improvements in. B. Mayor and City Council Councilmember Hotvet stated there is a State of the Cities luncheon scheduled for Thursday, October 17, from 11:30 A.M. — 1:00 P.M. at the Southshore Community Center. Local representatives of the Cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay will be there to provide updates about what is occurring in those cities. The public is welcome to attend. Administrator Joynes will present updates about Shorewood. Mayor Zerby noted that he and Councilmember Siakel attended the Oktoberfest event. He thought the attendance and food was good. With regard to the Southshore Community Center, a semi proposal has been received from the Vantage Program which is the business marketing group at the Minnetonka High School. Councilmember Siakel stated the trail project along County Road 19 turned out very well. People are using it a lot. She noted that was a job well done. She extended kudos to staff and Council. RUMMERVIII41TV-0 Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of October 14, 2013, at 8:53 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ScoWZerby, M a6r .16fin Panchyshyn, Ci Cler