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09-08-14 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER S, 2014 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the ►neeting to order at 7:03 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Pancbyshyn; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer I Iornby Absent: Councilmember Sundberg B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 410. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 25, 2014 Siakel moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of August 25, 2014, as presented. Motion passed 410. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Approval of the Mound Fire Department 2015 Budget C. Adopting RESOLUTION NO. 14 -076, "A Resolution Approving the Proposed 2015 Lake Minnetonka Communications Commission Budget." D. Adopting RESOLUTION NO. 14 -077, "A Resolution Accepting Quote and Awarding Contract for the 2014 Pavement Marking Project, City Project No. 14- 05." Motion passed 410. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 2 of 1 l 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS 8. PLANNING A. Report on the August 5, 2014 Planning Commission Meeting Planning Commissioner Maddy reported on matters considered and actions taken at the September 2, 2014, Planning Commission meeting (as detailed in the minutes of that meeting). 9. ENGINEERING/PUBLIC WORKS A. Freeman Park Drainage Reconsideration Director Brown explained that during Council's July 14, 2014, meeting Mr. Donald Aslesen came before Council to talk about numerous issues for the Shorewood Oaks drainage area and the Freeman Park area. At that time some of the mitigation options that were under consideration were regarding the Freeman Park parking lot adjacent to fields I and 2 as well as reconstruction of the spillway (which he views as being cleverly disguised as a trail). The spillway helps route drainage out of the Freeman Park area and the Shorewood Oaks area. At that time it is his recollection that the feedback from Council was not to re- grade the parking lot or reconstruct the spillway until a comprehensive drainage study was done of the entire area. He noted that Engineer Hornby is writing a proposal for doing a drainage study. Mr. Aslesen has exchanged emails with him and Mayor Zerby asking to have this item reconsidered. He noted that Zerby asked that the topic be placed on. the agenda again for Council and staff discussion. Mayor Zerby noted his recollection is not the same as Director Brown's. He stated he thought some temporary mitigation work was going to be done. He stated his preference is to do something temporary to help address the issue. He asked the other members of Council if they share his opinion. Donald. Aslesen 26055 Shorewood Oaks Drive, stated when he carne before Council on July 14 he displayed pictures, diagrams and so forth. He and other residents from his neighborhood left that meeting with the impression that things might be done to the spillway and the parking lot to help mitigate the stormwater issue. He noted that he dropped off a video that is less than 5 minutes long at City hall earlier in the day. Dr. Bill Tiede took it ten years ago. He explained that with a one -inch rainfall the video is compelling in showing how much stormwater flows into the neighborhood. It showed that a lot of the stormwater comes for the parking lot in Freeman Park because of the way that it slopes westerly. There is a picture in. there that shows the easterly storm drain that goes into the Shorewood Ponds holding pond; there was very little water in the pond. During the June 19 storm a lot of the drains were plugged up along Burlwood Court and Shorewood Oaks Drive as well as further west. Many houses that had not ever had a problem with water in the basements had water problems. The Shorewood Oaks development is surrounded by three developments. He thought that changed the water tables. He asked Council to reconsider sloping the parking lot so that the water CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 3 of 11 will flow to the holding pond and improving the spillway. He noted that Director Brown has worked feverously on things. He stated that ten years ago a study was done and at that time to implement a permanent fix by adding holding ponds would have cost around $300,000. It will be a lot more than that today. He is not sure Council would be willing to spend that amount of money. He clarified he is not asking Council to do that. He asked Council to at least authorize something to be done to route some of the stormwater to the holding pond. Mr. Aslesen thanked Council for its time. John F. Heal 26040 Shorewood Oaks Drive, noted he has been a Shorewood resident in good standing and has paid his taxes for over 17 years. He stated his basement has flooded twice and his family had to have a larger sump pump installed. From his perspective it is time to put a band aid fix in place to help deal with stormwater flow by re- grading same of the parking lot and fixing the pathway. He then stated if the drainage study is given to the Minnehaha Creek Watershed District (MCWD) it will go to the bottom of the MCWD's list of things to do. The MCWD already has a problem with what it is going to do with Gray's Bay, Lake Minnetonka and everything else. Giving it to the MCWD will delay things five years. Residents will end up with more flooded basements. He expressed his disappointment that no progress has been made toward implementing a temporary fix. He thanked Council for the opportunity to speak. Lucy Smith 26020 Shorewood Oaks Drive, noted she has lived where she is now for the last 1.6 years and her property is located behind baseball diamond I in Freeman Dark. She explained that every spring she ends up with a pond on her property. This year's pond was the largest she has ever seen. This year ducks were living in her back yard on a pond. There was one day this year when the stormwater was flowing like a river through her back yard into her next door neighbor's yard and onto the path. William Tiede 26060 Shorewood Oaks Drive, noted he has lived where he does now for 23 years. He stated the only thing that has changed over the last decade is the spillway between Freeman Park and the roadway. There is now some asphalt surface rather than all grass. He then stated the 2004 video clearly shows that the majority of the stonnwater coming their way comes from the east side of the Freeman Park parking lot at fields l and 2. It comes across the driveway and flows down Shorewood Oaks Drive. When there is a heavy rain the stormwater is a golden brown color; the same color as the parking lot. Residents do not think it is reasonable to consider re- grading all of the baseball parks where a lot of the stormwater flows from. But, re- grading the driveway and the parking lot should stop the flow of a lot of the stormwater that comes their way. He thought the original intent was for the parking lot to drain to the east onto the spillway and on toward Shorewood Ponds. He noted that lie does not want to have another decade go by without anything being done. Mayor Zerby asked Director Brown if Council has approved a feasibility study be done for the drainage area being discussed. Director Brown explained that in 2004 the then Council reviewed a feasibility report for creation of water amenities and wetlands in the holding areas of Freeman Park (the wooded area on the west side). Since that time there have been a number of drainage issues. During its July 14 meeting Council asked staff to write a proposal to study the entire drainage area. He then explained that aerial topography photos taken in the 1960s show the Shorewood Oaks area was very wet; so wet that a separate system was put in for sump pumps. He recommended that be studied because that system is likely part of the issue. He stated a feasibility study should address a large area to find out what the root cause of the issue is. Council has asked for that to be done and Engineer I- lornby has been working on the proposal. Mayor Zerby asked Engineer Hornby when a feasibility study proposal will be presented to Council. Hornby responded. in October. Hornby explained the actual study will take at least one to two months. CITY OF SHOREiWOOD REGULAR COUNCIL, MEETING MINUTES September 8, 2014 Page 4 of l l Engineer Hornby stated that three or four Council meetings ago under staff reports he displayed a slide that showed quite a large area that should be included in what would essentially be a trunk stormwater study. It would include the property between Eureka Road and Cathcart Drive and up along Grant Lorenz Road. It is the largest single area in the City where there are common drainage issues. That area is very flat. If Council shares his perspective on the area should be included in the study he can move forward with a proposal for that. Cou ncilmember Woodruff noted lie continues to think a feasibility study should be done. He stated that he does not recollect there was any discussion about involving the MCWD with this issue during Council's July 14 meeting. He hopes MCWD involvement will only be necessary for permitting if MCWD involvement is needed at all. He stated he would like staff to present options for an interim short - term fix. He expressed his appreciation for the residents coming before Council to state their concerns. He stated that stormwater management experts need to present options to Council so an interim fix is not implemented that makes the situation worse. He noted this spring and early summer there was record rainfall. He cautioned against taking knee-jerk action based on a 1000 -year event that happened in June without having a plan. Mayor Zerby stated he does not think that is the intent. He then stated it is his recollection that during the July 14 Council meeting it was Council's desire to ultimately come up with a long -term solution for addressing the drainage issue. He suggested reviewing and updating the feasibility study done in 2004. He stated in Mr. Aslesen's email exchanges with Director Brown, Mr. Aslesen had again asked for some maintenance items to be addressed; items he had asked for before the June 19 event. Brown's response to that request was .Public Works was running out of time to do anything this season and Council was not interested in doing that. The intent was to assess the big - picture situation. He noted he asked Council to discuss this again to see if some of the maintenance items could be done this year. Brown clarified that the intent is to re -grade some of the parking lot and to reconstruct the spillway this year. Mr. Aslesen stated on June 19 there were six to seven inches of rain over a six -hour period. lie noted that most of the issues presented occur when there is a one -inch rain event. Mayor Zerby stated Council understands there is an issue and it wants to have the problem solved. He then stated the reason he asked for this to be on this meeting's agenda was to find out what could be done before winter. In the next few months there can be discussion about a long -term solution. Mr. Aslesen stated there is no way the drains can handle the stormwater that flows into the Shorewood Oaks area. He then stated Public Works employees came out to look for debris that should be removed from the drains but there wasn't any. He noted that the Shorewood. Oaks residents will ensure the rain that falls on to the development can be handled. He stated the City needs to address the stormwater that flows from Freeman Park. He then stated that the 2004 video clearly shows that the storm drains that go to the Shorewood Ponds holding pond route very little stormwater to the pond. Councilmember Woodruff stated that tonight is the first time he has heard there is a drainage issue if it is a one -Inch rainfall and noted that he probably should have heard that during the July 14 meeting. He asked staff if there is some short -term mitigation thing that can be done. He then stated when he first joined Council a $300,000 project for a holding pond in Freeman Park was in the capital improvement program (CIP). There was a little discussion about that possible project for a number of years. Ultimately the project was taken out of the CIP because "for the price tag it wasn't necessary ". He noted he did not participate in any discussion about a 2004 feasibility stu.dy..He stated he wants the City to get a solution right. He then stated if staff has some short-term mitigation solutions that can help right away he supports implementing them. He expressed concern that the stormwater drainage system in the Shorewood Oaks CI'T'Y OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 5 of It development may be insufficient to deal with the drainage there. The Shorewood Oaks residents in the audience clarified that is not what they have been saying. Councilmember Siakel asked Director Brown if there is something the City can do now before a long - term solution is determined.. Brown stated re- grading the parking lot can be done fairly simply. Be explained that from his perspective the Shorewood Ponds stormwater system has sufficient capacity to handle the runoff from the parking lot. He stated that if Council wants staff to move forward with the spillway reconstruction he thought it is possible to complete that this fall. Siakel then asked if the spillway will have to be reconstructed regardless of what the results of the feasibility study indicate. Director Brown responded yes. Brown explained there is insufficient grade to put in an. actual storm sewer system there. The hope was to have a smooth enough surface to have the stormwater flow over land. Currently the spillway is the outlet for that area. One of the only solutions that would fix that and reroute the drainage are the additional retention ponds that will be very expensive to install. Siakel stated this year Council has been hearing a lot about speeding and stormwater issues from residents. But, the Shorewood Oaks development stormwater management issue is somewhat different because it is an ongoing issue. Not just the .tune 14 stormwater event issue. Council understands the stormwater issue needs to be addressed with a long -term solution.. Council needs to know what the solution(s) could be and what their cost to implement would be. She asked if the parking lot would have to be regarded anyway. Director Brown noted that he thought it would be prudent to re -grade the parking lot and reconstruct the spillway. Councilmember Woodruff stated from his perspective whether or not the re- grading and reconstruction would have to be done anyway is beside the point. He then stated if the City can do something now to deal with the problem to some measure and if staff thinks that doing those two things will not cause a problem somewhere else then staff should figure out how to get that done. If the re- grading is throwaway work then so be it. He suggested staff put the approval of the work on the next Council meeting agenda. Mayor Zerby stated he wants to move forward with this. Councilmember Siakel asked what re- grading the parking lot will entail. Director Brown explained to reshape the lot some of it has to be cut on one side and filled in on the other. He estimates the City will have to spend about $2,000 on rock and it will likely take two days of work. He estimated the spillway work to take one week of labor and the cost for the asphalt will cost around $4,000. Siakel noted that is doable. Councilmember Woodruff explained that the reason he asked for this to come back to Council in two weeks is something may have to be put out for bids. Mayor Zerby stated to him it sounds like staff is ready to take this on. Zerby moved, Woodruff seconded, authorizing the re- grading of the Freeman Park parking lot and the reconstruction of the spillway for a material cost not to exceed 58,000. Motion passed 410. Mayor Zerby reiterated what will be done is a short -term mitigation fix until a long -term solution can be identified or until it is confirmed there is not one. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 6 of 11 Mr. Aslesen thanked Council and staff and noted the residents are appreciative of the work that will be done. He stated lie thought the risk to the City is minimal. He then stated a lot of the stormwater works its way around the outside of the up field bail fields and ends up flowing towards Ms. Sinith's part of the neighborhood. Nancy Rendous 6040 Maple Leaf Circle, stated when the Ashland Woods development was built the site was built up. And the site will be built up for the Boulder Cove development. Engineer Hornby explained that the drainage for Ashland Woods should go to the northeast and then to the north through Freeman. Park and the drainage system. The City has no authority over the Boulder Cove development. The City of Chanhassen did provide Shorewood staff an opportunity to review the plans. Staff informed people that stormwater in Boulder Cove needs to stay in Boulder Cover. The site was graded to do that. That water will go to the southwest toward Highway 7. Ms. Rendous asked if the underground water will flow north. Hornby explained the storm sewer flows to the southwest. There will be a pond along Highway 7 on the southwest corner of the plat and the stormwater is routed to that location. Ms. Rendous stated she had concern that the underground water would flow to the north. She then stated that the stormwater flow from Ashland Woods that is supposed to flow north into the Minnehaha Creek Watershed District makes it over one walking path but it is somewhat blocked by the second walking path and comes back somewhat toward the Shorewood Oaks properties. She noted that the developments around the Shorewood Oaks development were built up. She asked the City to check into the other path. Mayor Zerby noted that staff is available by email if there are more questions or residents can schedule time with then. for extended conversations. B. Consider Adding Traffic Signal Painting for Christmas Lake Road and State Trunk Highway 7 to the 2015 Capital improvement Program Mayor Zerby explained he asked that consideration of adding traffic signal painting of the signal at the intersection of Christmas Lake Road and State Trunk Highway 7 to the 2015 Capital Improvement Program (CIP) be added to the agenda, Greenwood Mayor Kind had told him that a few Greenwood residents had called her and expressed concerns about the condition of the signal poles. Shorewood and Greenwood equally share the maintenance costs and responsibility for the traffic signal. Director Brown noted the meeting packet includes copies of two photographs showing the conditions of the signal. He explained that there is a cooperative agreement between the Minnesota Department of Transportation (MnDOT), Greenwood and Shorewood for the signal, MnDOT has stated that per the agreement responsibility for relamping and repainting are the Cities. That is a traditional agreement used throughout the metropolitan area. Greenwood has asked Shorewood to consider sharing in the cost of a project to sandblast and repaint the signal poles at the intersection. The total cost to do that is estimated to be $1.6,000 with Shorewood's share being $5,000. Shorewood could use Minnesota State Aid (MSA) funds to cover the cost. He noted the project is not budgeted for in the 2015 CIP. Mayor Zerby stated that Mayor Kind asked if the signal pole could be painted brown. Director Brown noted that MnDOT does allow that color. Councihnember Woodruff stated he agrees that something should be done. He then stated multiple uses for the MSA funds have already been suggested. Therefore, he does not think they should be used for this project. He expressed support for adding this project to the 2015 CIP. He asked if the project needs to wait until 201.5. Mayor Zerby noted that Greenwood wants to include funding for the project in its 2015 budget. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 7 of 11 Woodruff moved, Siakel seconded, adding $8,000 in funding for the sandblasting and repainting of the signal poles at the intersection of Christmas Lake Road and State Brunk Highway 7 to the 2015 Capital Improvement Program. Mayor Zerby asked when the color decision will be made. Director Brown responded during the design phase and stated that will be brought back to Council for a decision. Motion passed 4 /0. 10. GENERAL/NEW BUSINESS A. Approval of the Excelsior Fire District 2015 Budget Administrator Joynes noted the meeting packet contains a copy of the proposed 2015 Excelsior Fire District (EFD) Operating Budget and the 2015 — 2035 EFD Capital Improvement Program (CIP). He explained the overall budget increase when compared to approved 2014 budget is 1.37 percent. The municipal contribution increase is 1.42 percent and Shorewood's portion of that increase is 1.63 percent. Joynes then noted that the Operating Budget and CIP have been rejected by the Deephaven and Tonka Bay City Councils. The Greenwood City Council approved both. He explained the EFD joint powers agreement (JPA) stipulates that the general fund budget must be approved by three of the five EFD member cities and the CIP must be approved by four of the five. If the Shorewood and Excelsior City Council approve the 2015 Budget the budget will go forward. The JPA includes provisions for what to do if the budget and/or the CIF are not approved. If the CIP is not passed it reverts to the previous year's transfer to the Capital Fund multiplied by the consumer price index (CIP) for urban dwellers. If that formula were used it would mean an increase of 1.4 percent. The transfer amount in the proposed 2015 Operating Budget is less than the transfer amount in the approved 2014 Operating Budget. Joynes stated that he has attended. numerous EFD Board meetings when the Operating Budget and CIP were discussed.. There are other subsurface issues. Some of the member cites are dissatisfied. Administrator Joynes recommended. Council approve the Operating Budget and the CIP. Both have been done quite well. Councilmember Siakel noted she fully supports what has been presented. She stated she thought EFD Chief Gerber did a good job preparing them. She then stated she thought more of the issue is with the use of Operating Fund reserves. The rejection of the Budget and CIP is not a reflection on Chief Gerber or the staff. Mayor Zerby stated Chief Gerber and EFD staff have done a good job of preparing the 2015 Operating Budget and the CIP. It is approximately one -half the amount of the police budget. He commented that he was a little surprised that the police budget was approved unanimously. He stated as of now there has not been much information provided by the City Councils that rejected the Budget and CIP as to why they did so. He explained he attended the joint work session of the EFD Board, Operating Committee and member City Councils. The Deephaven and Tonka Bay Mayors had concerns about the level of General Fund operating reserves. They wanted the level of reserves to be drawn down. He noted that he found the rejection to be unfortunate because some of the Department personnel took the rejection a bit personally. He noted he supports the Budget and CIP as presented. Councilmember Siakel explained the EFD member cities that rejected the Budget and CIP wanted to use General Fund reserves to help offset the cities' municipal contribution for 2015. Part of the argument CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 8 of 11 from the other member cities is if residents are receiving a service it should be paid for today. The budgetary can should not be kicked down the road for someone else to pay for. The EFD Board intends to have more discussion about the use of reserves. She reiterated that the rejection by two member cities has no reflection on Chief Gerber or any other EFD personnel. They were very responsible in their preparation of the Budget and CIP. Couneilmember Woodruff stated he was the City's alternate at the July 23, 2414, EFD Board meeting during which there was discussion about the Operating Budget. The Board directed Chief Gerber to bring the Operating Budget increase down to a certain level which he did. He then stated there have been some philosophical discussions about policy. He noted that there are some things in the long -term CIP that he does not like how they are handled, That needs more discussion by the EFD Board. Hotvet moved, Siakel seconded, approving the final recommended Excelsior Fire District 2015 Operating Budget dated August 14, 2014, and the 2015 — 2035 Capital Improvement Program dated August 2014. Motion passed 4/0. B. Adoption of the Preliminary 2015 General Fund Operating Budget and Tax Levy Administrator Joynes noted the City's preliminary 2015 General Fund Operating Budget was discussed again during the work session immediately preceding this meeting. The preliminary Budget is $5,642,863. That reflects a 2.5 percent levy increase when compared to the adopted 2014 Budget. That is the maximum possible levy for 2015. Over the next two months Council can reduce that levy if it so chooses. He recommended approval of the Budget and maximum tax levy. Woodruff moved, Siakel seconded, Adapting RESOLUTION NO. 14 -0781 "A Resolution Adopting the Preliminary 2015 General Fund Operating Budget and Property Tax Levy" with the preliminary Budget being $5,642,863 and the levy being $4,980,050. Motion passed 410. Councilmember Woodruff noted the City has to certify its preliminary 2015 General Fund Operating Budget with Hennepin County by September 30, Motion passed 4/0. C. Selection of Truth -in- Taxation Public Hearing Date Administrator Joynes explained per state law the City needs to set the date for its Truth -in- Taxation hearing date. The copy of the resolution included in the meeting packet sets December 1, 2014, as the date for the hearing with a follow -up hearing, if needed, and budget adoption during the December 8, 2014, . Council meeting. He recommended Council adopt the resolution. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 14 -079, "A Resolution Selecting the Truth -In- Taxation Public Hearing Date for December 1, 2014, with a Continuation Date of December 8, 2014, if needed." Motion passed 410. D. Refuse Collection Schedule Director Nielsen explained that during its August 25, 2014, meeting Council adopted a Noise Ordinance subject to a couple of changes. One of the changes was the earliest start time for refuse hauling. The start time was changed. to 7:00 A.M. from the current 6:00 A.M. That change conflicts with Code Section 503.06 Refuse or Yard Waste Collection Schedule which allows a 6:00 A.M. pickup. Staff is proposing changing that Section to make it consistent with the Noise Ordinance. He noted the refuse hauling start time change will go into effect after October 31, 2414. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 9 of 11 Mayor Zerby stated when there is the same provision in multiple ordinances he asked if there can be references to one ordinance with the provision so only one ordinance has to be amended. Director Nelsen stated staff will look into that. Zerby moved, Hotvet seconded, Approving ORDINANCE NO. 517, "An Ordinance Amending Chapter 503 of the Shorewood City Code as it Pertains to Refuse Collection Hours" subject to Section 503.06 including a reference to the hours of operation for refuse hauling specified in the Noise Ordinance in Code Section 501.05 Subd. 20 A. (3). Councilmember Woodruff asked if staff has spoken to the haulers about this change. Director Nielsen noted not yet. Councilmember Siakel asked if staff knows how many households have their refuse picked up at 6:00 A.M. Mayor Zerby stated the City has heard from one resident and that individual thought the change is good. Director Nielsen. stated there had. been concern expressed that 7:00 A.M. is a bus pickup time for some students. Mayor Zerby and. Councilmember Siakel stated there can be a truck routing adjustment made. Motion passed 4/0. 11. OLD BUSINESS 12. STAFF AND COUNCIL.. REPORTS A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the July 2014 Monthly Budget Report. 2. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. He also noted that the schedule for the Galpin fake Road trail segment has not been updated since Council's August 25 meeting. Engineer Hornby explained that at the top of the schedule there is a notation that the project will be re -bid in 2015. . Councilmember Woodruff asked if the City is going to have a resident preconstruction meeting with the residents in the trail area about the Galpin Lake Road trail segment before the project is re -bid. Director Nielsen explained. staff's intent was to send the residents a notice telling them what is going on. Woodruff stated he thought meetings with residents about the Smithtown Road west sidewalk were valuable. Woodruff recommended going ahead with a meeting sometime over the next four to five weeks and making it clear to residents that the project has not been approved because the bids were too high. Engineer Hornby noted he did send a notice out to residents in the trail area letting them know the project was not going to be constructed in. 2014 and that the bids were rejected. Councilmember Siakel stated there was an article in the August 31, 2014, Star Tribune Newspaper about the high cost of construction. It mentioned that there are not as many construction workers as there were CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 20:14 Page 10 of 11 before the recession. There are not enough workers for the number of large projects that are consuming the labor force. That has resulted in municipalities and other agencies receiving high bids for projects. She questioned if the City's three major projects will feasible to do in 2015 because of cost. Engincer .Hornby stated that part of what affected the 2014 . construction season is the loss of being able to do much, if any, construction during May and June because of the rainy weather. He then stated it is becoming difficult to find contractors who want to even consider small quote packages. Councilmember Woodruff stated that he hopes that if the project is re -bid early next year it will help the City be higher in the contractor's project queue. Councilmember Siakel stated the LRT Trail overpass at County Road 19 needed to have been done yesterday. She encouraged Council and staff to continue to partner with the Three Rivers Park District on trying to keep that project moving forward. Other Councilmember Woodruff stated when he walks through his neighborhood he has residents asking him when the temporary surface is going to be removed from the roadway out on Enchanted island and when some of the potholes will be fixed. He asked Director Brown to provide an update on that. Director Brown noted that on August 21 Hennepin County was declared a disaster area as part of the Presidential Declaration for Disaster. He explained lie attended an emergency management kickoff meeting with representatives from the Federal Emergency Management Agency (FEMA) and Hennepin County the previous week. On behalf of the City lie submitted a formal application for reimbursement of funds through a grant process. Within two weeks after the meeting people will meet with a representative from FEMA to hopefully obtain approval for a permanent solution for that roadway surface and then ask for reimbursement for that. Under the FEMA program FEMA may cover 75 percent of the cost for any temporary measures and 50 percent for any permanent measures. Staff had to leave the materials in place until a fix could be proposed. The City is trying to obtain approval from the Corps of Engineers for some type of floodplain mitigation. Councilmember Woodruff asked if there will be something done to the roadway before it snows irrespective of what FEMA does. Director Brown noted that is what he had previously committed to and he has not changed his mind. Woodruff stated there are some fairly significantly potholes out on the Island which may or may not be in the area just talked about. Director Brown stated he hopes work on that will be done late this week or early next week. Director Brown stated the seal coaters worked over the past weekend. He then stated the County Road 19 and Highway 7 intersection project is moving along, albeit slowly. Brown went on to state that Metropolitan Council Environmental Services (MCES) has informed the City that its forcem.ain is not where it was thought to be in the area of the trail along Excelsior Boulevard. That impacts the retaining wall that the City wants built, MCES has placed the responsibility for the redesign of that wall with the contractor's engineer who originally designed the wall. He noted that it may end up that the type of wall originally proposed may not be workable. They are trying to come up with a reasonable solution. Councilmember Siakel asked who's problem that is. Brown stated the City and MCES are in this situation together. The City wants a trail and a retaining wall and MCES is very aware CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 8, 2014 Page 11 of 11 of that. Brown noted the MCES main is located in the Minnesota Department of Transportation (MnDOT) right of way. Therefore, MnDOT permits that. In response to a comment from Mayor Zerby, Director Brown stated at some point restoration of the roadway needs to be started. Engineer .Hornby stated that a second sweeping of the sealcoated roadways will be done. Pavement marking was included in the bid for the sealcoat project. He then stated the City of Minnetrista has a deadline of September 12 to receive bids for the removal of the rock on the surface of Enchanted. Lane. He noted that it is difficult to find contractors to do such small projects at this time. Director Brown stated it is his understanding that Minnetrista intends to remove the rock and leave the existing surface. Councilmember Woodruff stated that would at least get the roadway back to a two -lane roadway for winter, Hornby stated the goal is to remove the rock and evaluate the surface. The best case is the potholes can be filled in and bituminous can be put down over the top to get it through the winter. Hornby noted that Minnetrista is discussing a long -term goal that involves getting that roadway out of the floodplain and that would entail doing a cooperative project with Shorewood. Woodruff stated the temporary surface in Minnetrista is starting to get potholes in it, Director Nielsen stated the Planning Commission will walk the area for the proposed Smithtown Road east sidewalk/trail on October 21 instead of October 7. Nielsen then stated the Minnesota Department of Natural Resources (DNR), the Minnehaha Creek Watershed District (MCWD) and staff continue to work on the rapid response activities for Christmas Lake. There is a meeting scheduled for September 10 in the evening with members of the Christmas Lake Homeowners Association (CLHOA) to talk about the upcoming schedule. Administrator Joynes stated it is his understanding that Mayor Zerby and Councilmember Woodruff will attend that meeting. If no other members of Council plan on attending it the meeting will not be posted. Administrator Joynes stated the DNR has decided to postpone the replacement of the ramp at the Christmas Lake boat launch and the dredging of that area until the spring of 2015. The DNR has informed the City that it has the right to open up that access at any time and it intends to do that as soon as the chemical treatments are finished. He noted the dock is still in. B. Mayor and City Council 13. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of September S, 2014, at 8:15 F.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Jean Panchyshyn, City Clerk