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07-28-14 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 28, 2014 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff, Attorney Keane; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: City Administrator Joynes; City Clerk Panchyshyn B. Review Agenda Mayor Zerby asked that Item 33 be removed from the agenda. Hotvet moved, Sundberg seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 14, 2014 Hotvet moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 14, 2014, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, July 14, 2014 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of July 14, 2014, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Woodruff seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List B. New Liquor License Request from MGM Liquor Location: 5660 County Road 19 (This item was removed from the agenda at Mayor Zerby's request.) Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 2S, 2014 Page 2 of 12 4. MATTERS FROM THE FLOOR James Begun, 5955 Boulder Bridge Lane, explained his and his wife Jean's property is located in Boulder Bridge Farms subdivision off of Smithtown Road. They have lived there for 17 years. He explained they have had a problem over the years that has gotten worse. It is a drainage pond that abuts the back of their property and three other adjacent properties that regularly floods. The floods have increased in magnitude and quantity in recent years to the extent that it has damaged their property. The pumping out of that pond by the City causes noise disruption in their neighborhood and surrounding neighborhoods. They are worried about their property value, disruption to the neighbors and their home flooding. Their home did flood this year and they tbink the rising water level in the pond contributed to that. Mr. Begun routed two photographs taken on June 2, 2014, from their back deck showing the overflow from the pond. He noted that pond does overflow several times during the spring and sometimes during the fall. But, not to the level shown in the photographs. He stated their worry about potential flooding causes them undue stress. He explained when the City pumps the pond out the neighbors complain about the noise so the pump is turned off at certain times of the day which prolongs the pump out process. Mr. Begun noted that in recent weeks they have had good discussion with City staff. He stated he hopes the City and the residents can come up with a permanent, plan that protects their property values, keeps the peace and quiet in the neighborhood, benefits the surrounding properties that use the drainage pond, and helps contribute toward better stormwater management for the City. Mr. Begun thanked Council for allowing him the opportunity to speak about this problem. Mayor Zerby noted that he and Director Brown and Engineer Homby have spoken about the problem quite a bit. Director Brown explained staff met with Mr. Begun and his attorney. They discussed a feasibility study that had been done in 2004. Staff recommends updating that feasibility report. That could be done relatively easily. Staff would then bring it before Council for its consideration. Mayor Zerby explained that previous Councils had thought the cost to correct the problem was too high for the number of residents in the area. It does seem to be an ongoing problem that needs to be resolved for the long -term. There is no place for the overflow to go. He stated he would like to meet with representatives from the association to talk about how to move a project forward jointly. He asked staff to refresh the feasibility report. Councilmember Sundberg stated she supports having staff update the feasibility report. She asked if staff thinks there will be a lot of these types of problems going forward because of all of the rain this year. Engineer Homby stated that in a previous Council meeting packet he had included a copy of a map indicating where the priority problem drainage areas were. There are quite a few of them. They are primarily in areas that had not experienced water levels like they did this year. What people heard tonight is not much different than what staff has heard from other residents. Councilmember Sandberg stated she is aware of other property owners who are having major water problems. She suggested the City look into the problem drainage issues, noting she assumes staff has already been doing that. CITY OF SHOREWOOD REGULAR COU'N'CIL MEETING MINUTES July 28, 2014 Page 3 of 12 Councilmember Siakel stated numerous residents have come before Council to talk about record high water levels. She then stated it would be helpful if staff would educate her about the background on this problem and the first step in doing that is to update the feasibility report. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Zoning Text Amendment for Higher Density for Senior Housing Director Nielsen explained that over the past several years Shorewood has discussed several aspects of elderly housing. The City's Comprehensive (Comp) ,Plan recommended some measures which were carried out to encourage elderly housing. The City Ordinance addresses cottage style elderly housing relatively well. It does not address apartments, assisted living or possibly care facilities. In conjunction with discussions about the Smithtown Crossing Redevelopment Area the Planning Commission asked staff to draft an ordinance amendment to address those types of elderly housing. One of the issues that has kept the City from getting elderly housing projects is the quite low density restrictions it has for elderly housing. The City's density is well below what surrounding cities allow. The Planning Commission held apublic hearing on the proposed amendment during its July 1, 2014, meeting. He highlighted the proposed changes to Section 1201.03 Subd.20.b. related to conditional uses for elderly housing. The first change starts with the R -3A, R -313 and R -3C zoning districts which are multiple family housing districts. There are not any R -3A and R -3B districts currently. A developer would have to apply for those two districts. The R -C District is residential commercial; it is a transition zoning district. There are a number of properties zoned R -C. For those three zoning districts the recommendation is to increase the density from 10 units per acre to 12 units per acre. The next change is regarding calculating density. The recommendation is to count assisted living units as one -half unit. Most of the people living in those types of units are not driving cars much if at all. Care providers are generating most of the traffic. The next group of changes is relative to the Smithtown Crossing Redevelopment Area. The proposed changes are premised on a project that meets the goals, objectives and guidelines of the Smithtown Crossing Redevelopment Study. Developers would have to earn the proposed changes through their development. One recommendation is to allow the density in that area to go up to 15 units per acre (he thinks that is still on the low side a little bit). Another is for projects that include a mixture of commercial and residential uses; the area of the entire site may be used to calculate the density. And, the last is to possibly allow the density for adjacent parcels within the Redevelopment Study Area to be transferred to the project site. The property the City owns is one parcel away from the main body of the redevelopment district. There is a property with one house on it between that district and the City -owned property that may or may not be part of a project. The R -1 C zoning for the City -owned parcel would allow for up to 8 units per acre. This last change would allow for seven units of density for that parcel to be transferred to a project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 4 of 12 The last two changes have to do with parking. The proposal for elderly housing is to require two parking spaces per unit for townhouse or cottage style housing. For apartments, one and one -half parking spaces per unit would be required plus proof of parking demonstrating the ability to provide two spaces per unit. That second proposed change is to protect against the outside chance that the apartment style elderly senior housing would eventually no longer be for elderly housing; maybe it becomes multiple family and that requires two spaces per unit. Nielsen noted that the Planning Commission voted unanimously in favor of the proposed changes. Mayor Zerby noted that he is a little bit uncomfortable with the changes proposed relative to the Smithtown Crossing Redevelopment Area. To him that seems like spot zoning. He asked why the zoning would not be changed to, for example, R -3A. Director Nielsen explained the recommendation for that Area is to develop it as a planned unit development (PUM). It is currently zoned commercial up to the residential property. Elderly housing requires a PUD. Staff does not recommend rezoning it to R -3A or R- 3B and noted that would be more of a spot zoning. The size of that Area is only about four acres in size depending on where the boundary is. It would be a little bigger if the two residential properties are included. The changes proposed create incentives for building elderly housing in that Area. Zerby stated there are other areas in the City that could meet some of the same requirements. For example, Shorewood Ponds could be redeveloped as a higher density usage. Director Nielsen noted that is already developed as senior housing. Nielsen stated if that were to be redeveloped some of the same things could possibly apply. Director Nielsen stated if Xcel Energy were to move from its current site in Shorewood the zoning of that site would allow for additional use. Staff would like a study to done first; a study similar to the one done forthe Smithtown Crossing Redevelopment Area. Mayor Zerby stated he would like to see examples of what a 15- units - per -acre complex looks like. He then questioned the rationale for increasing the density and leaving an empty residential lot next to the area. Councilmember Siakel asked if any residents attended the public hearing. Director Nielsen responded no. Siakel then asked if any developers have expressed interest in the Smithtown Crossing Redevelopment Area. Nielsen explained staff has had conversations with two or three elderly housing developers. One of them thought they may be able to get a commercial developer involved in the development. None of them presented the City with a plan. The most recent conversation he had was about three weeks ago. Councilmember Hotvet asked if the proposed ordinance amendment leaves room for multiple family housing mixed in with elderly housing. Director Nielsen clarified the amendment is exclusively for senior housing. Nielsen noted the site is so small he does not think many units would fit on the site. Hotvet noted she does not want to limit development. Nielsen noted the Planning Commission wants some portion of that site be redeveloped as commercial. Hotvet then asked if the City has used the word elderly for other senior housing developments. Director Nielsen stated senior and elderly are used interchangeably and current statutes talk about people 55 years of age and older. Councilmember Siakel asked if the proposed ordinance amendment applies to all elderly housing or just the Smithtown Crossing Redevelopment Area, Director Nielsen stated there are a couple of spots that are CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 5 of 12 zoned R -C that could possibly be affected by the proposed amendment. It hits hard at Smithtown Crossing. Mayor Zerby stated the elderly housing standards comparison included in the meeting packet only shows cities much larger than Shorewood. He asked staff to find out what the City of Deephaven's standards are and noted there is the St. Therese senior housing development being built there. Zerby then stated at 15 units per acre that means 60 units could be built on the Smithtown Crossing site. Director Nielsen noted that would be the maximum unless assisted units were also included because they count a one half unit. Zerby also stated if it all the units were assisted living that means 120 units could be built there. Zerby noted that without having seen a visual of what that would look like he cannot support the proposed ordinance amendment. Councilmember Siakel stated there is a need for more of this type of housing. It is just a matter of where. She asked if the Minnetonka Country Club site could possibly some time provide an opportunity for that. She questioned if elderly housing is the best fit for the Smithtown Crossing Area. Director Nielsen stated from his perspective it is the best spot in Shorewood for higher density. It has municipal water and it is located next to a collector street and minor arterial street. Director Nielsen noted that Shorewood Ponds is located next to Eureka Road which is a very substandard collector street. It is not a great place to get on to Highway 7. Mayor Zerby asked about the potential where the car repair and car wash are located. Director Nielsen stated that site is shallow and developers have indicated they could not make that site work. Councilmember Sandberg asked if similar types of questions to those asked during this meeting were asked during the Planning Commission's meeting. Director Nielsen stated the proposed amendment is the implementation of the Comp Plan and the Smithtown Crossing Redevelopment Study Report. Councilmember Woodruff stated from his perspective the proposed ordinance changes are consistent with that has been talked about during the Smithtown Crossing Redevelopment Study process and after that study was completed. He requested that in Item 8.e that "... the following provisions may apply" be changed to ".., the following provisions apply ". To him that implies there is some choice. Director Nielsen clarified the choice is on the City's part. Woodruff stated he did not think there should be any latitude for the City in applying the three items. Councilmember Siakel asked if there is any sense of urgency that action has to be taken on the proposed ordinance during this meeting. Director Nielsen responded no. She noted that she is also struggling with the density issue. Director Nielsen stated he can provide Council with sketches from one developer for another site who showed 60 plus units. He then stated 60 units are about the minimum a developer can build for a senior housing project and be able to pay for it. Mayor Zerby asked to find comparables for smaller cities. Director Nielsen stated he will find out what Deephaven and Victoria do and noted that Tonka Bay and Excelsior do not have senior housing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 6 of 12 Councilmember Siakel stated she would like additional information. Director Nielsen clarified that if Council does not want to move forward with this he is okay with that. Councilmember Woodruff stated Council should take action on this the next time it is on the agenda; either up or down. Director Nielsen commented there had been one developer who had done a senior housing project in conjunction with a VFW. 9. ENGINEERING /PUBLIC WORKS A. Accept Bids and Consider Award of Construction Contract for the 2014 Scalcoat Project, City Project 14 -05 Engineer Homby stated the meeting packet contains a copy of a memorandum from him which identifies which roadways are included in the 2014 Sealcoat Project. They are: West 62nd Street, Afton Road, Arbor Creek Lane, Beverly Drive, Blue Ridge Lane, Brentridge Drive, Brynmawr Place, Cajed Lane, Cathcart Drive, Church Road, Edgewood Road, Elmridge Circle, Glen Road, Grant Lorenz Road, Harding Avenue, Harding Lane, Howards Point Road, Kathleen Court, Kelsey Drive, Mallard Lane, Maple Avenue, Maple Ridge Lane, Marsh Point Circle, Marsh Point Court, Marsh Point Drive, Noble Road, Oak Ridge Circle, Peach Circle, Pine Bend, Smithtown Circle, Smithtown Road, Smithtown Way, Strawberry Court, Strawberry Lane, Teal Circle, Virginia Cove, Woodside Lane, and Woodside Road. He noted the project is a collaborative project with the City of Victoria again this year. He also noted that earlier in the day the bid tabulation was entailed to Council and a hardcopy was placed at the dais this evening. He stated the low bid for Shorewood is $292,784 dollars and the bid was from Allied Blacktop Company. The Capital Improvement Program has slated $270,000 for sealcoating in 2014. Homby noted staff recommends awarding the bid to Allied Blacktop Company which did the work in 2013. Mayor Zerby noted that he was pleased to see that the bid was lower than the Engineer's opinion of cost. Hotvet moved, Siakel seconded, Adopting RESOLUTION NO. 14 -065, "A Resolution Accepting Bids and Awarding Contract for the 2014 Seal Coat Project, City Project No. 14 -05, to Allied Blacktop Company for an Amount Not To Exceed $292,784 ". Motion passed 510. 10. GENERAL/NEW BUSINESS 11. OLD BUSINESS A. Bee Safe City Resolution and Proposal for Clover Plantings Attorney Keane explained that since Council's July 14, 2014, meeting he and Administrator Joynes have met with representatives from the Shorewood bee community to finalize a Bee -Safe resolution and they researched nationally what other communities have done. The resolution was tailored for Shorewood and the representatives have totally supported it. A copy of the resolution is included in the meeting packet for Council's consideration. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 7 of 12 Mayor Zerby stated he has had several discussions with Patricia Hauser with the Humming for Bees group on this topic. The resolution has come a long way since it was first drafted. He expressed his appreciation for Attorney Keane's and Administrator Joynes's efforts as well Ms. Patricia Hauser's and Mr. Jeff Dinsmore's efforts. He stated he thought the resolution is strong enough yet acceptable enough so other cities would take and use it as their resolution as well to help promote bee -safe policies. He thought the resolution addresses everything that has been talked about. Councilmember Sandberg stated she thought the resolution contains what is needed. She asked Ms. Hauser if she thinks so also. Ms. Hauser nodded her head yes. Councilmember Woodruff stated he finds the resolution acceptable. It does some good things and he does not think it hampers the City in any major way. Councilmember Sandberg commended the Humming for Bees group for having an impact. She then stated the homeowners association she belongs to is going to be pursuing something similar. Zerby moved, Hotvet seconded Adopting RESOLUTION NO. 14 -066, "A Resolution Endorsing `Bee -Safe' Policies and Procedures" and approving the planting of clover for the sites identified in Cathcart Park, Freeman Park and the South Shore Skate Park. Motion passed 510. There was a very loud round of applause from the contingent of the Shorewood bee community present. Patricia Hauser, 5805 Minnetonka Drive, thanked Council for the leadership role it has chosen to take for Shorewood, the State of Minnesota, all of the other municipalities that may choose to follow Shorewood's lead and most especially for bees and other pollinators. She stated that when residents see what the City is doing, including planting clover, hopefully they will also become bee friendly. She provided each member of Council with a gift from the Humming for Bees group — a bee pin and a pocket guide to the rusty patched bumble bee garden. She thanked Council for its service and noted she looks forward to working with Council in the future. B. Letter to the Minnehaha Creek Watershed District (MCWD) Requesting Video Broadcasting of the Board's Regular Monthly Meetings Mayor Zerby stated Councilmember Siakel has requested Council consider sending a letter to the Minnehaha Creek Watershed District (MCWD) requesting the MCWD Board of Managers video broadcast it regular monthly meetings. A letter was drafted by staff and a copy was included in the meeting packet. Councilmember Siakel stated after Council's last regular meeting she had asked Mayor Zerby and Administrator Joynes to consider writing a letter to the MCWD Board, which Council would weigh in on, asking the MCWD to video broadcast it regular monthly meetings. She then stated that the City has a very good relationship with the staff at the MCWD and it is prudent for the City to maintain a level of cooperation and communication with that staff. She noted that she has heard from some constituents that they are fiustrated with the lack of transparency by the Board. She stated there have some changes in staff at the MCWD and some Board action that has gotten the attention of a number of people. Council should be paying attention to what is happening at the MCWD as well. Siakel explained that she recently attended a MCWD Citizen Advisory Committee (CAC) meeting. She tried to find an agenda for that meeting on the MCWD's website. She could not find one. She went CITY OF SHOREWOOD REGLLAR COUNCIL MEETING MINUTES July 28, 2014 Page 8 of 12 anyway. During the meeting a member of the CAC spoke about the last meeting and a Boardmember referencing the meeting minutes did not reflect the record. Another member referenced that the website had not been updated with minutes since March 15. The MCWD has a significant budget and a significant impact on the communities the MCWD serves. Many of those cities videotape their council meetings; Shorewood does. The MCWD should also. She thought it prudent to ask for more transparency from the MCWD Board. Siakel noted that the letter drafted by staff has wrong title for the recipient. Executive Director Jeff Spartz should be changed to Interim District Administrator Jeff Spartz. She asked Council to endorse sending the letter. There are other cities that also want more transparency on the part of the MCWD Board. Mayor Zerby noted the MCWD has direct taxation authority. He stated the residents of Shorewood pay a significant amount of money toward funding the MCWD. The MCWD Board should be more transparent to those taxpayers. After seeing the letter he forwarded a copy of it to the Cities of Minnetrista and Independence. Those councils have already endorsed sending a similar letter. It is his understanding that the Excelsior Council is going to consider sending a letter in the very near future and he thought the Wayzata Council will do so also. Zerby explained the MCWD recently purchased, remodeled and moved into a new facility. It has a state of the art recording system. It has the same type of cameras as are in the Council Chamber. Video recording the meetings would not add significant expense. The Lake Minnetonka Communications Commission (LMCC) would broadcast the video if provided with a copy. For a small fee the LMCC would broadcast it through the internet. He encourages the MCWD to do that as well. Councilmember Woodruff stated he supports sending the letter. He thinks broadcasting the MCWD Board's regular meetings is a great idea. Be also thinks it should be available on the internet. He stated a number of the cities served by the MCWD are not served by the LMCC or Mediacom. IIe thought it prudent to recommend something that is more widely available. He suggested the letter be more specific about what video broadcasting is. The letter references the LMCC but the name written out is incorrect. The word Cable should be replaced with Communications. Mayor Zerby stated the MCWD could place the video recordings on its website for viewing. Councilmember Woodruff stated he would prefer the letter say that and if the MCWD wants to put it on the LMCC website also then that would be fine. Councilmember Woodruff suggested a similar letter should be sent to the Riley- Purgatory -Bluff Creek Watershed District. Councilmember Sandberg asked if there has been discussion with the MCWD about the transparency concerns. Mayor Zerby responded not as a Council. Zerby stated he has had that discussion and he thought Councilmember Siakel has had that discussion. Sundberg asked what the MCWD's reaction has been. Zerby stated the MCWD Board has not commented on that. Hotvet moved, Woodruff seconded, endorsing sending the letter from Mayor Zerby to the Interim District Administrator of the Minnehaha Creek Watershed District (MCWD) requesting that the MCWD Board of Managers consider the future video broadcasting of the Board's regular monthly meetings subject to changing the recipients title to Interim District Administrator, changing Cable Commission to Communications Commission, and to specifically request that the video recording also be available for on- demand viewing on the internet. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES duly 28, 2014 Page 9 of 12 Tom Geng, 4530 Enchanted Drive, stated he has attended a number of MCWD Board meetings as well as CAC meetings over the last few months. He then stated it is his understanding that the MCWD Board has taken this issue up fi-om time to time over the last several years and most recently last summer after staff moved into the new facility. He noted the meeting room where regular Board meetings are held is equipped with state of the art audio and video recording equipment including three cameras. He stated there has been a lot of Board resistance to televising its regular meetings. During discussion last summer he has been told that Manager Cassel had said that if the meetings were ever televised he would resign from his position on the Board. There was also push back from Managers White, Miller and Shekleton. On one hand they floated the argument that televising or broadcasting the meetings might lead to grandstanding. At the same time they also argued that they believed that their discussions would be more candid and free if they were not recorded. That cuts right to the issue of transparency that Councilmember Siakel has brought forward. Councilmember Sandberg thanked Mr. Geng for his clarification. She noted that she has served on a couple of watershed boards herself and she stated she is appalled by that kind of reaction. She stated she cannot understand why a board would not want to be totally transparent. She thought the excuses are bogus. Councilmember Siakel stated that making video recordings of the Board's regular meetings readily available via the internet and television will help clear things up. Motion passed 510. C. Draft Request For Proposals for Renewable Energy Alternative Study Engineer Homby noted that the meeting packet contains a copy of a draft request for proposals (RFP) for a renewable energy alternative study for Council to comment on and give direction on. He explained the draft RFP notes that specific manufacturers or vendors should not submit a proposal. It identifies the specific City facilities that should be considered for renewable energy applications. It identifies renewable energy alternatives to consider; solar energy, wind energy and geothermal energy. It notes other alternatives can also be studied. The scope of the REP also includes preparation of a financial analysis for renewable energy alternatives. The study outcome will provide Council information to help it make decisions about whether or not to move forward with practical alternative energy options. Proposals are to be submitted to him. He clarified that this is not a situation where low -cost will be the deciding factor when selecting which proposal to move forward with. Councilmember Sandberg cautioned against restricting the study to only City facilities and noted that will be the key focus. She explained that if the consultant considers solar gardens that would not have to limited to City facilities only. She requested a little more clarity about what the City is asking for in the draft RFP. She stated the study results should assess the various alternative resource opportunities in the community. It should also clearly identify cost projections and benefit projections. She noted that she is not interested in the City pursing cutting edge technologies that have not been proven yet. Engineer Homby stated he will refine the REP so the language is more direct. Sundberg moved, Woodruff seconded, approving the request for proposals for an alternative energy alternatives study subject to the refinements suggested. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 10 of 12 Councilmember Woodruff asked if the facilities would include only Fire Station 1 which is located in Shorewood. Engineer Homby clarified the intent is to do that. Councilmember Siakel stated the study should be limited to facilities located in the City. Councilmember Hotvet asked if there is a reason the City's two water towers are not included. Councilmember Sandberg stated she thought they should be included. Hotvet suggested not limiting the facilities to those on the list in the RFP. Councilmember Sandberg suggested specifying a due date in the RFP. Engineer Hornby suggested 30 days. Motion passed 510. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted that the meeting packet contains a copy of the Trail Schedule Engineer Homby explained that the plans for the Galpin Lake Road trail segment have been uploaded. Comments are still coming in from the Minnesota Department of Transportation (MnDOT) regarding the functional group's review of the City's plans. Therefore, there will be an addendum. Bids will be opened on August 7 and Council will be asked to award the contract on August 11. Mayor Zerby asked if the Minnehaha Creek Watershed District (MCWD) has approved the plans yet. Engineer Homby responded not yet. Homby explained that construction is scheduled to start on August 25 and he believes the City will have that approval by then. The submittal should be made this week. Engineer Homby noted that the wetland impacts are much lower than he had anticipated at the start of the project. He explained that quite a bit of retaining wall has been added to the plans to try and reduce the impacts. The intersection with Mayflower Road will be realigned to pull the roadway away from the wetland to get the trail in. Some realignment was done on Galpin Lake Road near Highway 7; it was moved a lane width to the west to try and straighten it out a little bit to make room for the trail around the Metropolitan Council Environmental Services (MCES) lift station. The amount of right -of -way (ROW) that needs to be acquired has been reduced because of that. The City will need right of entry for two properties; the owners of those two properties appear to be receptive to doing that. Other Councilmember Siakel asked if things are on track for the MCES forcemain project and the Valleywood Area Improvements Project. Engineer Homby explained MCES plans to finish the segments of its forcemain project on Covington Road and Excelsior Boulevard this fall. MCES will put in storm sewer for Shorewood. The City had to make a modification due to a telephone conduit that was in place at the outlet structure catch basin. Once work begins on refining the roadway work will begin on the retaining wall. Two gas mains will have to be relocated as part of the project. He then explained the bids for the Sunnyvale Lane improvements will be considered during Council's August 11. Bids will be opened on August 7. He went on to explain there CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 11 of 12 has been a one month delay in the Valleywood lane / Valleywood Circle improvements due to the need to relocate some utilities. The next step in that project is to install curb and gutter and that is scheduled to start the week of August 4. Mayor Zerby stated an email had been forwarded to Council from the contractor for the Smithtown Road west sidewalk project indicating that it is trying to find a new landscaping subcontractor to finish up the landscaping restoration. He asked staff if there is any new information about that. Engineer Homby responded he does not have any new information on that. Homby explained some minor grading work needs to be completed, the City is working with one resident to install a retaining wall to mitigate some drainage issues, and the final turf establishment needs to be done. Zerby stated he has seen some random piles of dirt in the project area. Homby explained that is left over from the previous landscaping subcontractor. Councilmember Hotvet asked staff if it thinks there should be some changes made to the end part of large scale projects in order to complete them faster. For example, no final payment will be made until the final punch list work has been finished. Engineer Homby explained that for the Smithtown Road west sidewalk project the contractor has completed 95 percent of the punch list work. The contractor's crew completed that in about one week. The City withholds final payment until the work is completed. Homby then explained staff had discussed if liquidating damages should be considered. That is still a possibility. There were some weather delays and there were some delays that were the contractors. He noted there have been a couple of claims that came in from subcontractors; the City denied them because the City did not cause any issues to delay the project. He also noted the contractor wants to complete the project as soon as possible. Director Brown stated staff is waiting to hear about a disaster declaration from the Federal Emergency management Agency (FEMA). Public Works has opened Enchanted Lane back up to two lanes. There is still gravel there. Mayor Zerby asked Director Brown to comment on the Highway 7 / County Road 19 intersection project. Brown explained the detour and lane closures have been removed. The foundations for the signal poles have been poured. That project should move along quite rapidly now. Councilmember Woodruff asked that staff identify a positive approach to putting down a permanent surface on Enchanted Lane irrespective of what FEMA decides. The surface cannot remain as is. Director Brown noted Public Works has no intention of doing that. He explained Public Works will either remove that material or pave over the gravel. That will be done irrespective of what FEMA says. Woodruff asked if it will be done before snow falls. Brown responded yes. Mayor Zerby noted that the Minnehaha Creek Watershed District (MCWD) is interested in working with the City to ensure it is done properly. Director DeJong explained the issues with the PFM Financial Services regarding the purchasing card program have been resolved. The City should receive the purchasing cards soon. Staff is still wrapping up the last of the conversion to the new financial system. The first users group meeting for Springbook is on July 29 in the City of Chanhassen. He will attend that. The training for employee self - service time entry and payroll viewing components of the new system will be completed this week. Mayor Zerby asked for an update on ID cards. Director Brown stated the first round of ID cards has been produced and he will pick those up tomorrow morning. Once they have been proofed they rest will be produced. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 28, 2014 Page 12 of 12 Director DeJong stated there was some discussion recently by some of the South Lake Mayors about potentially paying off the bonds for the public safety facilities early. He provided the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee and the Excelsior Fire District (EFD) Governing Board some information about that. He explained the bonds are callable February 1, 2016. There is a potential to refund the bonds at that time. The interest rates on the bonds are high 3s to low 4s for the remaining years of the bonds. There is a potential for interest savings if the bonds are refunded. Director Nielsen noted the Park Commission's next meeting will be on August 19 rather than August 12. He then noted that during its August 5 meeting the Planning Commission will pick up where the City left on the GreenStep Cities initiative. B. Mayor and City Council Councilmember Woodruff stated that three to four years ago staff started an energy audit. He asked what the status of that is. Director Nielsen stated it needs to be updated and that it should be done annually, and he noted that former Administrator Heck had responsibility for that initiative. Councilmember Hotvet stated she will attend a Scenic Byway initiative meeting on July 30. Councilmember Siakel stated she attended an EFD Board meeting on July 23. The Board recommended forwarding the proposed 2015 EFD Operating Budget and the 2015 — 2015 FIT) Capital Improvement Program to the five member cities for discussion during an August 13, 2015, joint work session of the member City Councils. The recommended overall budget reflects a 1.37 percent increase when compared to the approved 2014 overall budget. 13. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of July 28, 2014, at 8:18 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: S t Zerby, ayo Jea Panchyshyn, City erk