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04-13-15 CC Reg Mtg MinCITY OF SHOREWOOD �1 MINUTES 1. CONVENE CITE' COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: Councilmember Sundberg B. Review Agenda Labadie moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 23, 2015 Woodruff moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of March 23, 2015, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims Last B. Accept Proposal for Safe Assure Safety Training C. Accepting a Donation from Roger and Donna Leak for Shorewood Parks Motion passed 4/0. 4. MATTERS FROM THE FLOOR, There were no matters from the floor presented this evening. �R1J: 111!8I1 IXUR M CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 2 of 8 A. Report by Joe Shneider on Consideration of a Request to the Department of Natural Resources for Christmas Lake Aquatic Invasive Species Inspection and Decontamination Mayor Zerby introduced Joe Shneider, the president of the Christmas Lake Homeowner's Association (CLHA). Joe Shneider, 1035 Holly Lane, Chanhassen, stated he is present this evening to provide an update on aquatic invasive species (AIS) activities at Christmas Lake and to ask Council for its support for a more aggressive set of AIS prevention efforts for Christmas Lake. This is what Mr. Shneider highlighted. • Juvenile zebra mussels were discovered in Christmas Lake in mid - August 2014 and that warranted the City, in cooperation with the Minnesota Department of Natural Resources (DNR), closing the boat ramp and installing a barrier around where they were found to contain them. • The infestation was treated with Zequanox during September 2014, copper sulfate during October and November 2014, and potash during December 2014. The potash was applied through the ice and the distribution was not as good as people would have liked. The depth of water in the treatment zone ranged from four feet to zero feet. Search efforts are underway to find out if there are any mussels in the treatment zone or surrounding area. • This is a "ground zero" pilot effort for zebra mussel eradication in the United States. Everyone is paying attention to what is going on at Christmas Lake. • It may take two years before people will know if it was successful. • The CLHA asked for and received Council's support for an AIS prevention project in 2011. • During 2012 the City entered into a cooperative agreement with the Minnehaha Creek Watershed District (MCWD) to provide AIS inspections at Christmas Lance. The City also approved Ordinance 485 mandating AIS inspections which had a fine associated if person did not get their watercraft inspected. • AIS inspections were conducted by DNR certified Level 1 AIS inspectors at the Christmas Lake boat ramp during 2012, 2013, 2014 and on into 2015. That certification gave them the right to inspect a watercraft and trailer and to deny access to the Lake if AIS were found. • The CLHA purchased a decontamination unit mid - summer of 2012. It was operated on an as needed basis by Minnesota Inboard. The decontamination has been voluntary. There was minimal use of the unit. In the fall of 2014 it was used to decontaminate commonly used third -party trailers used for removing homeowners' boats and to remove a few pieces of equipment off of the Lake after the ramp had been closed. • The decontamination unit has a 400 - gallon tank and it has a. hot water system on it that can supply water heated to 140° on a continuous flow basis. It also has a high pressure sprayer that can remove any attached zebra mussels. There is a containment mat associated with it so that all of the water can be captured and then recycled back into the equipment through a number of filters. • There are various levels of AIS prevention aggressiveness for trailered watercraft — do nothing, education, inspection, thermal decontamination (on- trailer and off - trailer), and restrict entry (transient watercraft and all watercraft). The DNR focuses on education, AIS inspections at launch ramps, and thermal decontamination of boats on trailers. The DNR uses thermal decontamination in very few instances. • Thermal decontamination is the most effective tool there is. Yet it is rarely used because it is complicated and it takes time. Decontamination does not guarantee every bit of AIS is removed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 3 of 8 • The pilot program at the Christmas Lake boat landing is still in the experiment stage. The DNR concurs. • The CLHA would like to pilot a new approach to finish the experiment during 2015 and 2016. As part of that every boat would be considered high risk with AIS when coming into Christmas Lake. The best that can be done will be done using the best techniques that can be used commercially that are approved by the DNR. The best technique is decontaminating and every boat entering Lake will be decontaminated. The most comfort people can have as that AIS are not being brought into the Lake. If in two years there are no zebra mussels then people know the treatment was successful. If zebra mussels are found within the two -year period it might be because treatment did not work or it might be because AIS was missed during decontamination. The risk of decontamination being a failure is significantly less than the risk of an inspection being a. failure. • Boaters returning to Christmas Lake can bypass decontamination if the boat has an intact breakaway seal previously installed by a Christmas Lake AIS inspector. Mr. Shneider thanked Council for the opportunity to present the CLHA's proposal. He stated the CLHA membership thinks it is a legitimate way to take the time and money that has been invested by the City, the DNR, the MCWD and the CLHA and maximize this learning experience. And, to do that in a way that is the least disruptive to the boating traffic. Mayor Zerby noted that Mr. Shneider, Administrator Joynes, Director Nielsen and he have been meeting for the last few weeks trying to determine what can be done. He thanked them for their efforts in trying to find a solution. He stated that last year the homeowners and the MCWD were promised that a different approach was going to be taken in 2015 for AIS prevention and. to improve the results. He noted he supports the pilot effort proposed and that it is a great pilot program for the DNR. He explained there has been discussion about how to install a security camera at the launch site. He thanked Mr. Shneider for his efforts. Councilmember Siakel stated this is a great example of people in the community coming together and working effectively with Council and staff. The City has been quite supportive over the last three years. She noted that she supports doing what has been proposed to try and prevent any more zebra mussels from getting into Christmas Lake. Councilmember Woodruff stated the proposed 100 percent decontamination of incoming boats is different from what he has heard in discussions with DNR representatives. The DNR has done decontamination when a boat has failed an AIS inspection. He noted that he supports what is being proposed for Christmas Lake and clarified and cautioned people not to think it can be done at all lakes at all launch ramps. He stated that on average Christmas Lake has a low volume of boats entering the Lake daily. Mr. Schneider noted on average nine boats a day. In response to a question from Councilmember Woodruff, Mr. Shneider explained he has spent a significant of time with Adam Dahl with the DNR discussing how to dispose the water collected in the containment mat. All decontamination water is collected in the containment mat and recycled back into the decontamination unit after flowing through a number of progressively stronger filters which captures any material. The DNR takes its water to a field and dumps it there. A protocol has to be implemented. Woodruff asked who is going to do that. Mr. Shneider explained there has been discussion about the City being involved. The inspectors he and others have been working with will be trained to do the decontamination. Who will be responsible for filling up the tank with clean water and disposing the old water has yet to be finalized. Those activities require a truck. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 4 of 8 Woodruff asked who supplies the tags/breakaway seals. Mr. Shneider noted that they are very cheap and noted that the MCWD has done a pilot project with tags. Councilmember Labadie asked if what is being proposed will cost the City anything financially. Mr. Shneider stated if the City is responsible for supplying fresh water and disposing of the old water there will be some staff time. Councilmember Woodruff stated he envisions that to be a daily activity. Mr. , Shneider clarified that last fall when trailers were decontaminated less than one half of the water in the tank was used. Councilmember Siakel stated staff and the CLHA can work out the operational details. Councilmember Labadie stated from her vantage point the CLHA is a great group of people and that she was proud to have this experiment being done in the City. Maybe the experiment can get the spread of AIS into Christmas Lake under control and then it. can be used at other lakes. She thanked the CLHA for its unified effort and coming before Council this evening. Councilmember Woodruff stated there are some boat owners who thought the decontamination of their boat would clean the bottom of their boat. That does not happen. Peter Lehman 21265 Radisson Road, stated he co -owns the property that shares the northern most property boundary with the City's public access at Christmas Lake and has done so for 30 years. He noted that he has concerns about the proposed resolution that if adopted would support a two -year pilot project involving thermal decontamination of all watercraft coming into Christmas Lake. Mr. Lehman's critical concerns are as follows. 1. Size and placement of the equipment on the existing site — The public access was designed to accommodate exactly seven stalls for cars and trailers. It is unclear where the new facility will be installed and its effect on congestion in and around the access. His property is right next to the access. Presumably backups during high use would overflow onto Merry Lane. That could potentially cause problems for residents living further down Merry Lane. 2. Type of thermal decontamination equipment to be used — He does not know if the equipment will have an electric or internal combustion engine. The noise produced by the power washers can be quite loud especially if it is an internal combustion engine. 3. Water source and runoff —The public access is designed so the runoff from the watercraft and trailers flows back into the Lake. If the decontamination is on site, he expressed concern that if the containment mat barrier is breached or if it is compromised by a heavy rainfall the microscopic organisms would flow back into the Lake. Director Nielsen clarified that the backside drains into a ditch/pond and flows into a culvert. 4. Hours of operation — He believes the access is open from 6:00 A.M. to 10:00 P.M. His deck is in close proximity to the access. He asked if the equipment will be ruining during the early hours or late hours when the access is open. He also asked if there is a way to restrict the hours of operation of the equipment to certain times of the day. Mayor Zerby thanked Mr. Lehman's for bringing his concerns forward. He stated staff will continue to work with him and Mr. Shneider to try and address the concerns. He noted the City does have a noise ordinance in place and the operation of the equipment will have to be in compliance with that. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 15 -025, "A Resolution of the City Council of the City of Shorewood for a Pilot Project of 100 Percent Inbound 'Thermal CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 5 of 8 Decontamination at Christmas Lake" and directing staff to review Peter Lehman's four concerns and provide Council with a written response at an upcoming meeting. Motion passed 4/0. Mayor Zerby thanked all of the members of the CLHA for coming and noted that Council appreciated it. 7. PARKS 8. PLANNING A. Proposed Tree Replacement Policy for Trails /Sidewalks Director Nielsen explained that during the Smithtown Road West Sidewalk Project there was some discussion about a tree replacement program. Tree replacement did not end up becoming a big issue. During the neighborhood meetings for the Smithtown Road East Sidewalk Extension Project residents expressed concerns about trees being lost and their desire to have trees planted. Staff has written a draft Tree Replacement Policy for Trail /Sidewalk Projects. He clarified the Policy is not intended to try and replace what is there because some of the trees are quite large. The trees would be smaller trees and the intent is to plant trees so that overtime there would be tree - lined appearance alongside of the street where the trees were removed. He also clarified the Policy is for parcels where the City has right -of -way (ROW). It does not address parcels where the City acquires easements or ROW because those property owners get compensated quite well for the loss of a tree. He explained staff is proposing that if a property owner wants to plant the tree(s) the City will provide them with two trees and they can select the type from the list the City provides. If the property owner does not want to plant the tree the City will have one tree planted for them. At the outside the cost to the City will be about $500 per parcel. The trees have to be planted outside of the ROW or easement but in proximity to where they were removed from. For the Smithtown East Project there are four parcels and that will cost about $2,000. He related that one resident stated that would be a show of good will. Nielsen stated if Council is amenable to this staff will draft a resolution for the policy for Council's consideration during its April 27 meeting. This will make it easier for future trail/sidewalk projects. Mayor Zerby stated it will be helpful to put in writing what the City has done in practice. He asked if property owners would be able to replace hedge/bush rows instead. Director Nielsen stated the way it is written they would not; the Policy only addresses significant trees. Nielsen explained there is language in the City's Tree Preservation Policy that talks about significant trees and significant clusters and that language could be added to this proposed Policy. Councilmember Woodruff stated the City does not replace trees if they are in the City's ROW if they have to be removed and the City does not plant trees in the public ROW. He then stated the proposed Policy does not say that it is the property owner's responsibility to maintain the trees the City provides. He suggested that be added. He went on to state he does not think hedge row replacement should be added to the Policy; that should be considered by Council on a case by case basis. He commented he thought the Policy could apply to areas throughout the City. Director Nielsen stated that potentially the Policy could extend to construction projects as well. Councilmember Siakel stated she likes the idea of including shrubbery replacement in the Policy as well as the responsibility for tree maintenance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 6 of 8 Siakel moved, Labadie seconded, directing staff to incorporate the policy, including the addition of maintenance responsibility and shrubbery, into a resolution for consideration at a future Council meeting. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Approve Plans, Specifications and Estimate and Authorize Advertisement for Bids for the West Water Tower Rehabilitation Project Director Brown noted the West Water Tower is located on the Minnewashta Elementary School property located at 26350 Smithtown Road. The rehabilitation of that water tower is slated in the 2015 Water Capital Improvement Program (CIP) for an estimated cost of $450,000. He explained water tower rehabilitation projects are usually done in the fall when water demand is lower and a water tower can be taken off line. KLM Engineering has prepared the construction documents; it specializes in elevated storage tanks. Staff has spoken with School District representatives about the sandblasting component of the project; the plan is to have that completed before school is back in session. The School is on board with the project. A contamination curtain will be placed over the Tower. Brown stated that staff is recommending Council adopt the resolution approving the plans, specifications and estimates for the project and authorizing the advertisement for bids. He noted the tentative completion date is October 12 and the bids date is May 12, 2015. Mayor Zerby asked if there is anything in the plans and specifications that make staff rethink the CIP estimate of $450,000. Director Brown responded no and explained KLM did a very thorough inspection report upfront and cost everything out. Councilmember Woodruff stated the KLM inspection report stated there a couple of things that must be rectified. He thinks they are due to antennae installations on the Tower. He asked if the City has up to date procedures relating to the placement of antenna on a tower to avoid similar situations in the future. Director Brown explained there have been many discussions about that and staff had a meeting with KLM and stated that the City wanted its inspections tightened up to address those types of issues. Councilmember Labadie asked if there is a drop dead date by which the project has to be either completed or stopped. Director Brown explained that for the East Water Tower rehabilitation the temperatures fell far below the norm toward the end of that project and the paint would not cure without heating the inside of the Tower. That was an additional cost. The West Water Tower project is being started earlier than normal with the goal that it will approach completion well within the operable temperature. Woodruff moved, Siakel seconded, Adopting RESOLU'T'ION NO 15 -026 "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the West Water Tower Reconditioning Project, City Project 15 -01." Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Park Commission Appointments Mayor Zerby stated that prior to this meeting Council interviewed Stephany Vassar for a position on the Park Commission. He thought she would serve the City well as a Commissioner. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2015 Page 7 of 8 Zerby moved, Woodruff seconded, Adopting RESOLUTION NO 15 -027, "A Resolution Making the Appointment of Stephany Vassar (April 13, 2015 - February 29, 2016) to the City of Shorewood Park Commission." Motion passed 4l0. A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Homby explained that for the Smithtown Road east trail extension the appraiser has finished the draft appraisals and he anticipates the offers will be brought forward soon. Things are on track to get bids on schedule. He then explained that staff is working with Stantec Consulting Services on the final design for the slope stabilization component of the Excelsior Boulevard Sidewalk Project. The City has received an amended Cooperative Construction Agreement from the Minnesota Department of Transportation. (MnDOT) that removed the retaining wall and included the slope stabilization. Mayor Zerby stated the Trail Schedule indicates the plans and specifications were to be completed by April 10. Engineer Homby stated they are 90 — 95 percent complete and he will push that out one month. He noted that doing so will not impact the schedule with regard to land acquisition. The bids cannot be opened until the land is available. The plans and specifications will be sent to MnDOT for review because it was prepared. as a Minnesota State Aid project. Engineer Homby explained that in conjunction with the Star Lane and Star Circle road reconstruction project an infiltration basin will be added that will take care of about 90 percent of the Minnehaha Creek Watershed District's requirements of meeting the water quality standard. Some ditches will be added along the south side of Smithtown Road east on each side of the wetland on the Minnetonka Country Club property. Other Director DeJong stated is still involved with 2014 financial audit activities. Mayor Zerby stated that he applied for auto pay for utility payments and he found the process to be very easy. Administrator Joynes stated there will be an Excelsior Fire District (EFD) Board budget work session on April 15. The EFD Operating Committee reviewed the preliminary numbers last week. The draft 2016 EFD budget reflects less than a 3 percent increase and the piece for Shorewood will be under 1 percent. He then stated the South Lake Minnetonka (SLMPD) Coordinating Committee received its first report from SLMPD Interim Chief Siitari. SLMPD staff is in the process of finishing up its internal audit of the Department and working on recommendations on structure and staffing level. That should be available by the end of April. The executive search for a full time chief and the budget process can then be started. B. Mayor and City Council Mayor Zerby stated the Coordinating Committee approved hiring another patrol officer. Deputy Chief Pierson is retiring. He then stated that the Committee also approved doing proactive code enforcement in CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 13, 2025 Page 8 of 8 the City of Excelsior noting he was opposed to that because he views that as double dipping on the part of Excelsior. They want patrol officers to drive around all of Excelsior looking for zoning violations with boat trailers parked in yards. That will be done one time. The Excelsior Council still has to approve doing that. Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of April 13, 2015, at 7:53 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Qlty�-- Q � r Jean Panchyshyn, Ci y Cie