04-27-15 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, APRIL 27, 2015 7:00 P.M.
MINUTES
1. CONVENE CITY 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 Sundberg; Attorney Keane; City
Administrator Jaynes; City Clerk Panchyshyn; Finance Director DeJong; Planning
Director Nielsen; Director of Public Works Brown; and City Engineer Hornby
Absent: Councilmember Woodruff
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, April 13, 2015
Labadie moved, Siakel seconded, Approving the City Council Special Meeting Minutes of April 13,
2015, as presented. Motion passed 4/0.
B. City Council Regular Meeting Minutes, April 13, 2015
Siakel moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of April 13,
2015, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Siakel moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda.
A. Approval of the Verified Claims List
B. Authorization to Hire Seasonal Public Works Employee
Councilmember Siakel stated the staff memorandum about seasonal Public Works employees indicates
there is a need for two. She asked if there is a person in mind for the second position. Director Brown
noted the City received an application earlier in the day.
Motion passed 4/0.
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April 27, 2015
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4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
W.411 0911
6. REPORTS AND PRESENTATIONS
A. Lake Minnetonka Conservation District Report by Representative Deborah Zorn
Ms. Deborah Zorn noted that she had been appointed by Council to serve as the City's representative to
the Lake Minnetonka Communications Commission (LMCD) Board about one year ago.
Ms. Zorn provided an update on LMCD activities which were as follows.
• The creation of the 2016 budget is in process. She will bring that before Council in June.
• The LMCD has hired an outside facilitator to help guide the Board through a visioning process to
ensure the organization is moving forward in a direction that will satisfy needs five to ten years
out. That process will begin in June and hopefully conclude in October.
• There is a sponsor that has been working with students and professors at the University of
Minnesota Carlson School of Management to conduct a survey of Lake Minnetonka users (e.g.,
service providers; municipalities; and partnership organizations such as the Lake Minnetonka
Association (LMA), the Minnehaha Creek Watershed District (MCWD), and the Three Rivers
Park District (TRPD), and Department of Natural Resources (DNR)). The results of the survey
should provide valuable input into the LMCD's strategic planning process. LMCD Boardmember
Gabriel Jabbour has been involved with that process and he is funding the effort.
• The annual Save the Lake banquet was held in March. During the banquet a Special Deputy was
recognized. The Special Deputy program is a group of volunteers that enhances the Hennepin
County Sherriffs Department Water Patrol's efforts. It is her understanding that eight years ago
there were about 50 volunteers. That has been reduced to the twenties. The hope is that
recognition of those efforts may help entice more people to volunteer.
• In 2014 there was a group that reviewed and made recommendations about how to bring the
LMCD ordinance relative to marinas and municipalities more in line with reality. The 2015 focus
will be on yacht clubs.
• The LMCD's public safety committee will meet this spring to discuss high water designation.
• The LMCD has contracted with the TRPD to conduct aquatic invasive species (AIS) inspections
at launch sites on Lake Minnetonka where the LMCD had previously been responsible for hiring
inspectors. The DNR has responsibility for launch sites it owns or the county owns.
• Some of the funds raised through Save the Lake contributions were used to help fund the hiring
of an additional Water Patrol officer. The intent is to make a strong case for the need to the
Hennepin County Board of Commissioners.
Ms. Zorn offered to entertain Council's questions.
Councilmember Sundberg commended the LMCD Board for its strategic planning initiative and stated
she looks forward to seeing the results.
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April 27, 2015
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Councilmember Labadie asked if it will be one additional full -time officer or part-time officers. Ms. Zorn
explained the additional officer will be for coverage on Thursday — Sunday from 1:00 — 11:00 P.M. That
was the Water Patrol's recommendation.
Councilmember Siakel commented that she thought the strategic planning initiative is long overdue. She
asked if the survey will also be sent to lake front property owners and if that is not the plan she
encouraged people to include them. Ms. Zorn stated an attempt was made to include them on the first
survey. The LMCD Board tried to seek the permission from the LMA Board to use its membership
mailing list and send them surveys. They did not get it in time for the initial survey. The survey was sent
to the LMA Board and President and it was the LMCD Board's understanding that the survey would be
forwarded to its membership.
Siakel stated she thought the relationship between the LMCD and the public could be improved.
Involving them in the survey process would help in doing that.
Mayor Zerby suggested putting a link to the survey on the City's website and including it in the City's
newsletter. He asked Director Nielsen if there is a way for the City to select only residents who properties
front the lake. Nielsen responded yes. Zerby encouraged Ms. Zorn to work with staff on that.
Jack Kimball 4445 Enchanted Cove, stated the LMCD contributed funding toward the chemical
treatment of Eurasian Watermilfoil in Phelps for five years. It did not do so in 2014 and has no plans to
do so in 2015. Ms. Zorn stated the LMCD's grant from the DNR ended in 2013 and that funded many of
the AIS treatments in the lake. When that grant ended the responsibility for chemical treatment fell on the
LMA and its bay captains. Mr. Kimball stated that puts the funding burden on the City and the
Shorewood lake front property owners while others that use the lake do not have to pay their fair share.
He asked if the LMCD would consider using Save the Lake funds in the future for that purpose. Ms. Zorn
stated she will bring that to the attention of the LMCD Board Chair.
Judd Brackett, 125 Woodpecker Ridge Road, Tonka Bay, and a member of the LMA Board, clarified that
the LMA could not give the LMCD its membership email list because of commitments it had made to its
membership. The LMA Board did agree to direct the survey to its membership.
Councilmember Siakel stated if input from at least a compliment of lake front property owners is not
taken into account she questioned the value of the strategic planning initiative.
Mayor Zerby thanked Ms. Zorn for all of her efforts and for her report and noted that he has heard
nothing but glowing reports on her participation. He noted that the meeting minutes reflect her
participation.
B. Report by ,cosh Leddy of the Lake Minnetonka Association and Jack Kimball,
Resident, on the 2015 Milfoil Project and Funding
Jack Kimball 4445 Enchanted Cove, noted that Josh Leddy could not be in attendance this evening and
that Patrick Selter with the applicator PLM Lake Management is present to field technical questions.
Mr. Kimball stated he thought this is the seventh or eighth year the City has been asked to make a
contribution toward the herbicide treatment of AIS in Phelps Bay and for a few years in Gideon Bay. The
City has been very supportive in past years. He is asking the City to make a $6,000 contribution with
$4,200 of it going towards Phelps Bay in Shorewood and $1,800 towards Gideon Bay. Owners of lake
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 27, 2015
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front properties are again willing to pay their fair share. He noted the plan is to treat 21 acres in 2015; 12
acres were treated in 2014.
Mr. Kimball explained that there is $5,200 in funds carried forward from 2014. In 2014 the Department of
Natural Resources (DNR) provided $100 per acre in grant funds (or $1200) and residents are asking for
$2,100 in 2015 to treat 21 acres. The property owners would appreciate funding help from the Lake
Minnetonka Conservation District (LMCD).
Mayor Zerby asked how the pending treatment will be communicated to owners of properties that front
the lake. Mr. Selter explained that when the herbicide treatment first started property owners had to opt in
to the treatment and now they have to opt out. He noted the Lake Minnetonka Association (LMA) does all
of the notifications to the property owners.
Siakel moved, Sundberg seconded, approving a $6,000 contribution for the Eurasian Watermilfoil
herbicide treatment of Gideon Bay and the west side of Phelps Bay with $1,800 going towards
Gideon Bay and $4,200 going towards Phelps Bay. Motion passed 4/0.
7. PARKS
A. Report by Park Commissioner Lynda Gooch Hartmann on the April 14, 2015, Park
Commission Meeting
Commissioner Gooch Hartmann reported on matters considered and actions taken at the April 14, 2015,
Park Commission meeting (as detailed in the minutes of that meeting).
Mayor Zerby thanked Commissioner Gooch Hartmann for her report.
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A. Conditional Use Permit for Sewer Lift Station
Applicant: Metropolitan Council Environmental Services
Location: 21445 State Highway 7
Director Nielsen explained Metropolitan Council Environmental Services (MCES) has applied fora
conditional use permit (C.U.P.) to replace its sewer lift station on the property located at 21445 State
Highway 7. The Shorewood Zoning Code Section 1201.10 Subd. 4.a. stipulates "governmental and public
regulated utility buildings and structures" in residential zoning districts are conditional uses. The existing
facility is located on a permanent easement on the City owned property. The property is located on the
southwest corner of the intersection of Christmas Lake Road and State Highway 7. The property was
acquired through a tax forfeiture process for the purpose of making improvements to that intersection and
for general drainage purposes. There is a fairly significant wetland on the property.
MCES proposes to replace the existing above - ground structure, located in the very southeast corner of the
site, with a below - ground wet well and a small brick building housing control equipment and a bathroom.
The new facility would be located a little further back on the site and the existing mobile generator will be
moved back as well. It will comply with all of the setback requirements. The facility would be served by a
new driveway and a small parking lot. To satisfy Minnehaha Creek Watershed District requirements, a
small drainage pond will be constructed on the north side of the proposed building.
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April 27, 2015
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` There will be some tree loss on the site as a result of this effort. They would be primarily cottonwood or
ash trees that would likely have to be removed over the next six to eight years due to disease.
The property is zoned R -1A/S, Single - family Residential/Shoreland. Land uses and zoning surrounding
the site are as follows:
North: State Highway 7, then offices located in Excelsior and Greenwood; zoned
commercial
West: Church located in Excelsior; zoned residential
South: Single- family homes; zoned R -IA/S
East: Single - family homes and the Christmas Lake Public Access; zoned R -1A/S,
The Code stipulates two provisions for "govermnental and public regulated utility buildings and
structures necessary" when abutting a residential use in a residential district. One is the property must be
screened and landscaped from the adjoining properties. The applicant proposes landscaping along the
Third Avenue side and along the Christmas Lake Road side of the property. The landscape plan shows a
small retention pond which will be built to the north of the proposed facility to handle runoff from the
new proposed small parking lot. The other is essentially a "catch all" provision related to compliance with
the Shorewood Comprehensive Plan and ensuring compatibility with the surrounding area. MCES'
proposal is considered to be a significant improvement over the existing conditions.
When staff met with MCES representatives there was discussion about the City granting a bigger
easement to MCES, MCES acquiring a portion of the property and MCES acquiring all of the property.
Staff recommends MCES purchase the entire property and that MCES deed back a drainage and utility
easement and the conservation easement over the wetland area. In order to sell the property the Council
has to hold a public hearing on that action. That would be scheduled for the May 26 Council meeting.
Nielsen noted that staff recommends approval of the C.U.P. and moving forward with the sale of the
property. If Council is agreeable with that, staff will prepare a resolution for the C.U.P. and a resolution
for the sale of the property to MCES for consideration during Council's May 26 meeting. He also noted
that Dan Fick, with MCES and the project manager for this project, was present. He then noted that
during the public hearing for the C.U.P. one resident complimented MCES for its proposal because he
thought it would be a great improvement.
In response to a question from Councilmember Sundberg, Director Nielsen noted MCES is willing to
purchase the entire property.
Councilmember Siakel stated that based on the minutes from the Plamling Commission meeting when
this item was discussed she thought some very good questions were asked and answered. She noted she is
comfortable with moving forward with this.
Director Brown explained MCES has asked to have watermain extended to the site. Watermain would be
extended from the City of Excelsior's municipal water system. He suggests Shorewood pay for the cost to
upsize the watermain so that it would meet Shorewood's future needs. Staff will work with MCES staff to
determine the cost.
In response to a question from Mayor Zerby, Director Brown explained Shorewood's 20 year water plan
includes extending water main from its municipal water system through the Christmas Lake Road area.
Zerby asked if that would create an opportunity to eventually connect the Excelsior and Shorewood
municipal water systems. Brown responded yes.
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April 27, 2015
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Sundberg moved, Siakel seconded, directing staff to prepare a resolution granting a conditional use
permit to Metropolitan Council Environmental Services to replace an existing lift station on the
property located at 21445 State Highway 7 and a resolution to sell that property to MCES. Motion
passed 4/0.
Mr. Fick stated if the City wants to upsize the watermain then the City and MCES need to enter into a
cooperative agreement to do that. He asked if that needs to be included in the resolution. Director Nielsen
stated it could be.
B. Conditional Use Permit for Two Houses on One Lot
Applicant: Todd Cebulla
Location: 5530 Vine Hill Road
Director Nielsen explained Todd Cebulla owns the property located at 5530 Vine Hill Road. He wants to
live in the existing home on the property while his new home is being constructed. Mr. Cebulla has
applied for a conditional use permit (C.U.P.) to do so. A number of years ago the City amended its
Ordinance to allow that by C.U.P. There are a number of conditions that must be complied with. The
main one is keeping the existing house should not result in a less desirable location for the new house.
Even if the existing house were demolished up front the new house would be constructed in the proposed
new location. The new location will be a safer location from a planning perspective because the driveway
will come out onto to Waterford Place rather than Vine Hill Road.
The property is zoned Planned Unit Development (PUD) and contains 29,338 square feet of area. The
underlying zoning is R -1C. The new house will comply with all of the requirements for the R -IC zoning.
The provision that allows this to occur is there to make sure that the existing house is demolished within a
defined period of time. The Code states the applicant has six months to get the new house built and the
old house demolished. It has been noted in the past that is a tight time limit. In the past the City has
allowed an applicant to request an extension provided it is made prior to the end of the six months.
Nielsen noted the Planning Commission held a public hearing on this application during its April 7, 2015,
meeting and the Commission voted unanimously to recommend granting the C.U.P. He also noted the
applicant has to put up a cash escrow or letter of credit in the amount of 150 percent of a bid amount to
demolish the existing house prior to a building permit being issued.
Nielsen stated Mr. Cebulla is present.
Councilmember Sundberg asked if there is a limit to the length of an extension. Director Nielsen stated
there is not and noted that the last time it was for 90 days (which is still quite tight).
Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 15 -0281 "A Resolution Granting a
Conditional Use Permit for Two Houses on One Lot for Todd Cebulla, 5530 Vine Hill Road."
Motion passed 4/0.
9. ENGINEERING /PUBLIC WORKS
A. Accept Plans and Authorize Advertisement for Bids for the 2015 Mill & Overlay
Project
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April 27, 2015
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Engineer Hornby explained that the 2015 Mill and Overlay project includes Chaska Road, Mayflower
Road, McKinley Court and Murray Hill Road. The 2015 Street Improvement Capital Improvement
Program (CIP) had included Summit Hill. That roadway has been pushed out to 2016 because of the
Summit Woods development project that is in progress. The 2015 CIP has allocated $215,000 for road
maintenance for bituminous mill and overlays. The bids for this year's project will be opened on May 28.
Hornby noted that staff recommends Council adopt the resolution approving plans and specifications and
authorizing advertisement forbids for the 2015 Bituminous Mill & Overlay project.
Sundberg moved, Siakel seconded, Adopting RESOLUTUION NO. 15 -029, "A Resolution
Approving Plans and Specifications and Authorizing Advertisements for Bids for 2015 Bituminous
Mill & Overlay Project, City Project 15 -02." Motion passed 4/0.
10. GENERAL /NEW BUSINESS
A. Cooperative Maintenance Agreement with the Department of Natural Resources for
the Christmas Lake Access
Director Brown explained that on January 29, 1986, the City of Shorewood and the Christmas Lake
Homeowner's Association (CLHA) entered into an agreement with the Minnesota Department of Natural
Resources (DNR) regarding the operation and maintenance of the public boat access at Christmas Lake.
Since 1986 there has been an informal understanding that the City has been responsible for things on land
and the DNR has been responsible for things in the water. As a result of staff changes at the DNR that
understanding has been challenged. The original agreement is somewhat vague about where
responsibilities lie.
Staff has been working with DNR representatives for over a year trying to clarify the agreement and
resolve what is reasonable for maintenance. The copy of a memorandum from him outlines who has
which responsibilities; they are stipulated in the agreement included in the packet. The DNR is moving
away from any commitment of its staff's time towards maintenance of the access. Instead it is moving
towards funding of materials and providing information when deemed necessary. Shorewood Public
Works personnel put a lot of legwork into the maintenance items. He noted that the agreement states the
City shall conduct the maintenance of the water access consistent with in compliance with the State's
aquatic invasive species (AIS) management guidelines.
Brown noted that staff recommends approval of the amendment to the Christmas Lake Public Water
Access Cooperative Agreement between the City and the DNR.
Mayor Zerby asked if staff anticipates there will be a need for additional staff or equipment in order to
comply with the Agreement. Director Brown responded he did not think so.
Director Brown explained that one of the largest changes involves staff putting the dock in and taking it
out each year and noted that he thought that is a minor item. What is more important is what happens with
the concrete ramp (the landing portion of it) over the long term. The DNR has assured staff that it will
have staff there if need be with the necessary equipment but it prefers to keep its labor commitment to a
minimum. The boat ramp issue is still somewhat vague for the long term. The State has placed concrete
planking for the replacement of the existing ramp. He thought the intent is to bring the site up to standard
and then turn it over to the City.
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April 27, 2015
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Brown noted there are boaters who like to power load their boats onto their trailers. Doing that creates a
hollow spot and pushes up gravel out of the water.
Councilmember Siakel stated she thought the City is already doing many of the tasks identified in the
Agreement. She questioned if staff has the expertise of installing and taking out docks. Council may have
to budget for hiring someone to put the dock in and take it out and to comply with AIS inspections.
Director Brown noted that Public Works personnel put the dock in and take it out at Crescent Beach in
cooperation with Tonka Bay staff. Both docks are rollout.
Director Brown stated it is his understanding that the DNR has proposed that if it has staff available and if
water conditions were at a level they could work with the ramp would be replaced in July 2015 and if that
did not work out then would be replaced late fall 2015.
Administrator Joynes reiterated that the DNR has agreed in the Agreement to pay for all of the materials
for the dock and the replacement of the ramp. He noted that staff is quite pleased with the final
Agreement.
Councilmember Labadie asked how frequently the ramp will have to be replaced. Director Brown stated
every 20 — 25 years and noted it needs to be repaired now.
Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 15 -030, "A Resolution Authorizing
the Mayor and City Administrator to Execute the Christmas Lake Public Water Access
Cooperative Maintenance Agreement with the State of Minnesota." Motion passed 4/0.
B. Authorize the City Administrator to Execute the Christmas Lake Access Inspection
Agreement with the Christmas Lake Homeowners Association
Director Nielsen noted the agreement between the City and the Christmas Lake Homeowner's
Association (CLHA) regarding aquatic invasive species (AIS) watercraft inspections at the Christmas
Lake public boat access is basically the same as the one entered into in 2014 with the exception of who
provides in the inspection services. Last year the City contracted with Volt Workforce Solutions to
provide those services. Volt no longer does that. For 2015 the City and the CLHA have arranged for
Waterfront Restorations, LLC to provide those services.
He explained that the cost for the 2015 inspection services is considerably more than it was with Volt. In
the Agreement the City has agreed to pay up to $37,500; that is the amount the City has applied for as a
grant through the Minnehaha Creek Watershed District (MCWD). If the City does not get the full amount
of the grant requested it will pay only the amount of the grant received. The CLHA will pay for whatever
the City does not pay for.
Nielsen noted that the access ramp will open on May 1, 2015. He then noted that staff recommends
Council authorize the City Administrator to execute the Agreement.
Councilmember Sundberg asked staff how comfortable it is that the City will get total amount grant
funding requested from the MCWD. Director Nielsen stated the MCWD did not balk at the City's
request.
Director Nielsen explained that when inspections were started at the boat access the DNR was responsible
for inspection services. It stopped doing that and gave the City grant money to do that.
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April 27, 2015
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Mayor Zerby noted that he was at a recent MCWD Board meeting and that Board did pass a resolution of
support. He clarified the Board has not committed to any financial support as of yet.
Sundberg moved, Siakel seconded, authorizing the City Administrator to execute the Aquatic
Invasive Species Inspection Agreement between the City of Shorewood and the Christmas Lake
Homeowners Association. Motion passed 4/0.
C. Accept Proposal and Authorize the City Administrator to Enter into an Agreement
for Construction of Parking at Gideon Glen
Director Nielsen explained that in 2014 Council approved a proposal from Stonescapes to construct the
gravel parking lot at Gideon Glen. Before the contract was executed the City's representative at
Stonescapes was leaving to form his own company. Staff requested a proposal from that individual's new
company Mangold Horticulture. Mangold's quote of $8,600 is less than Stonescapes' quote in 2014. The
City has submitted a permit application to the Minnehaha Creek Watershed District (MCWD) for the
work. As soon as the City receives the permit Mangold Horticulture will do the work.
Mayor Zerby noted the MCWD had a commenting period about the City's permit application and that
ended on April 27.
Zerby asked Director Brown if he thought the quote was fair. Brown responded it is very fair.
Labadie moved, Sundberg seconded, authorizing the City Administrator to execute the contract
with Mangold Horticulture for the construction of the gravel parking lot at Gideon Glen.
Director Nielsen stated he hopes to be able to meet with the contractor for the sign at Gideon Glen this
week. That was approved last fall as well.
Motion passed 4/0.
D. Accept Proposal and Authorize the City Administrator to Enter into an Agreement
for City Hall Landscape Maintenance
Director Nielsen explained the City solicited a bid from Mangold Horticulture to perform periodic (twice
a month) landscape maintenance around City Hall. Mangold's bid retains the same price the City paid for
with Stonescapes last year but includes additional work on the rear side of the building.
Nielsen noted staff recommends Council accept the proposal from Mangold Horticulture for landscape
maintenance services for a monthly cost of $245 for May through October not including tax.
Siakel moved, Labadie seconded, authorizing the City Administrator to enter into an agreement
with Mangold Horticulture for City Hall landscape maintenance. Motion passed 4/0.
E. Adopt a Tree Replacement Policy for City Trail /Sidewalk Projects
Director Nielsen explained that for Council's April 13, 2015, meeting staff presented Council with a draft
tree replacement policy for significant trees lost because of City trail / sidewalk projects. During that
meeting Council directed staff to prepare a resolution adopting the policy. The policy affects properties
that have public right -of -way (ROW) in front of them. It does not affect properties where the City is
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April 27, 2015
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acquiring ROW or easements. He considers the policy to be a good faith effort and demonstrates the City
values a tree -lined appearance of various streets in the City.
The policy states that if a property owner wants to plant the tree(s) the City will provide them with two,
two -inch caliper, deciduous trees or two, four -foot high, coniferous trees from a list of available trees
provided by the City. If the property owner prefers planted trees, the City will plant one tree. The new
trees must be planted outside of the ROW but no farther away than 20 feet from the ROW. The property
owners will be encouraged to plant a variety of trees. There is a warranty for the trees the City has planted
but not for those planted by the owner.
Nielsen noted that the policy also allows for significant clusters of vegetation to be replaced with trees at
Council's discretion. That will be done on a case -by -case basis. He clarified the City is not replacing trees
because it is not possible to replace a 20 -finch caliper tree.
Councilmember Labadie asked if there is a definition for significant trees and significant clusters.
Director Nielsen stated that definition is found in the City's Tree Preservation and Replacement policy.
Director Nielsen clarified that if a property owner wants to replace a hedge they can do so on their own
but it must not be planted in the public ROW.
Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 15 -031, "A Resolution Adopting a
Tree Replacement Policy for City Trail / Sidewalk Projects." Motion passed 4/0.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trail Schedule
Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule.
Engineer Homby noted that the completion date for the plans and specifications for the Smithtown Road
East Sidewalk Extension Project has been moved to the end of May. He stated that during that time
permit application submittals will begin. He clarified that the neighborhood informational meeting (open
house) will be moved to May 21 from May 19 because it conflicted with another meeting.
Mayor Zerby asked if there will be plans and specifications ready for the neighborhood meeting. Engineer
Homby responded there will be plans available for viewing.
Mayor Zerby stated from his perspective there is no more room in the schedule to push dates out in 2015.
Engineer Homby stated that the Smithtown Road West Sidewalk Project carried over from 2013 to 2014.
The sidewalk turned out to be very nice. He explained the contractor will stage a portion of the work in
2015 and complete the rest in 2016.
In response to a question from Councilmember Labadie, Director Nielsen stated the May 21 open house
will be held at the Minnewashta Elementary School.
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2. Budget Report
Mayor Zerby noted the meeting packet contains a copy of the March 2015 General Fund Monthly Budget
Report.
3. Christmas Lake Access Opening
Administrator Joynes stated there was a meeting earlier in the day to discuss the logistics of opening the
Christmas Lake boat access. It is scheduled to open on May 1. A surveillance camera will be mounted on
the access site and people can view activity at the site through the City's website.
Other
Director Brown stated on April 28 some Public Works staff will assist representatives from the Minnesota
Department of Natural Resources (DNR) and the Minnehaha Creek Watershed District (MCWD) with the
removal of the floating silt fence /barrier at the Christmas Lake boat access. After that the staff will work
on putting the dock in the water in time for the opening of fishing on May 9.
Brown explained that on April 26 there was a power outage in the western part of Shorewood. It was
caused by a transformer pole fire near the area of Smithtown Way and Smithtown Road. The power came
back on about 10:45 P.M.
Councilmember Sundberg asked staff if Xcel Energy keeps the City informed of its maintenance and
repair schedule. She stated from her perspective there are a lot of power outages in the City. She
commented that there are residents who have bought generators because of the number of outages and she
does not find the number of outages to be acceptable.
Director Brown stated staff is not privy to a lot of Xcel's maintenance operations. But, staff does talk with
Xcel representatives on a regular basis. He noted that he thought the April 26 outage was rare. He
explained it is not uncommon for any city the size of Shorewood to experience two events during the hot
weather months when, for example, transformers blowup. The majority of the power outages in
Shorewood are caused by tree branches hitting the'power lines. The circuit systems are designed such that
third time a branch bounces on a line the circuit is shut down because there is a potentially dangerous
problem. He stated lie thought most of the power outage issues in tine City are due to vegetation
management.
Councilmember Sundberg stated she has lived in other communities in the area and there were not the
same number of outages as there have been in Shorewood. She requested a representative from Xcel
come and talk to Council about outages and she would like Xcel to provide data on outages. She thought
the City's residents deserve that.
Attorney Keane explained that outage conversations were had between the City and Xcel when it
extended a trunk line. From his vantage point there are an inordinate number of service interruptions
outages in the City when compared to other communities. The trunk line was supposed to provide backup
and redundancy to mitigate the interruptions in service. Xcel has never reported back on the performance
of the system since the line was installed.
Councilmember Siakel asked if outages are more prevalent on the west side of Shorewood. Director
Brown responded yes and explained it is because of the trees. There had also been a power outage out the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 27, 2015
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( west end of Shorewood that left residents without power for eight hours. The outage causes more of an
impact for residents served by private well water because they cannot flush their toilets when there is an
outage.
Engineer Homby stated that residents in the Star Lane and Star Circle area have been notified about an
open house regarding the roadway improvements project and the potential extension of watermain. The
open house is scheduled for May 5 and it will be rescheduled to May 7 because of another meeting
conflict.
Councilmember Sundberg stated during the April 9 Council and staff retreat Council was told the
renewable energy study would be complete by year end. Engineer Homby noted that is correct. Sundberg
stated that considering the potential redevelopment of the Minnetonka County Club (MCC) property the
conclusion of the study would be too late because she thought the results of the study need to be
incorporated into the planning for the MCC property. She thought the firm doing the study indicated it
would take six months. Homby stated the consultants are dependent on getting information from the
utility companies and they have received about three- fourths of what they need. They also need a lot of
information from the financial staff who are involved with audit preparation activities. Sundberg asked if
Council will get an interim report from the consultants. Homby stated that should be possible and
explained the consultants do have overall energy usage data in the community. Sundberg asked to get an
interim report.
Director DeJong stated the financial staff is wrapping up audit preparations and field works starts next
week. He then stated the computer vendor moved its services over the past weekend. The City's website
was down from Saturday evening to mid - morning today. One of the staff phone lines was impacted for
some reason.
Administrator Joynes stated staff anticipates receiving the formal appraisal for the Southshore Center in
the next few days. He noted there will be an executive session on May 11, 2015, to talk about a strategy
for the Center. He then stated that staff is in the process of preparing a diagram of major decisions
Council will have to make related to the Minnetonka Country Club (MCC) property and surrounding
area. That should be done in the next month. At the same time the abatement process needs to be started.
Council needs to decide who should meeting with Minnetonka School District representatives if the City
is going to encourage the District to also move forward with abatement. He suggested that Mayor Zerby,
Councilmember Labadie and he have initial discussions about that. He noted Council will have to have a
number of intense meetings.
He noted the MCC Planning Advisory Committee (PAC) is on track to have recommendations for
Council in June. Its next meeting is on April 28.
Joynes stated the South Lake Minnetonka Police Department (SLMPD) member City
Administrators /Manager are meeting next week to develop a process for hiring and selecting a new chief
of police. The hope is to have a new chief on board by August 2015. He noted the Excelsior Fire District
(EFD) Board discussed the draft 2016 EFD Operating Budget and Capital Improvement Program (CIP)
during an April 15 work session. Shorewood's share of the funding will increase less than 1 percent when
compared to 2015. EFD Chief Gerber will come before Council during one of its May meetings to present
the Budget.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 27, 2015
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B. Mayor and City Council
Councilmember Siakel noted that she plans on attending the Three Rivers Park District meeting on April
30 about the crossing of the LRT Trail at County Road 19. Mayor Zerby noted that he also plans on
attending. Staff stated will post the meeting.
Siakel explained that she attended the Excelsior Fire District (EFD) Board April 15 work session during
which the draft 2016 EFD Operating Budget and 2016 — 2036 Capital Improvement Program (CIP) were
discussed. For 2016 Shorewood will fund about 37.63 percent of the overall budget. Shorewood's share
for 2016 will increase 0.3 percent when compared to 2015. The EFD became sales tax exempt on January
1, 2015. That will amount to about $9,000 in savings for previously taxable purchases.
The EFD Administrative Specialist position will become a full -time shared position with the City of
Chanhassen; each organization will pay 50 percent of the total cost of the position. There was a little
discussion about EFD Chief Gerber's desire to have a full -time Assistant Chief.
Per the EFD Board's direction, Chief Gerber removed building maintenance related projects out of the
CIP and created a 2016 — 2036 Building Projects Improvement Program (the BPIP) document which
includes those items. Some needed improvements were made to the facilities in 2015. In 2016 there is
some concrete replacement work that needs to be done.
Siakel explained that EFD's Aerial 11 is scheduled to be replaced in 2018. It is the first truck that leaves
the station for a fire call and it is a foundational piece of equipment. It is a ladder truck and it carries
water. Chief Gerber identified a number of options for replacing it — do nothing, refurbish/remount the
ladder device on a new chassis, purchase a used apparatus, purchase a demo apparatus, or purchase a new
unit. If a new unit were to be purchase, Gerber recommended purchasing a new unit through the
purchasing cooperative Houston - Galveston Purchasing Cooperative (HGAC). By doing that the pricing
would be more favorable but it would require some compromise. If the EFD were to commit in 2015 to
purchasing the truck in the future it may be able to lock in better pricing. The narrow roadways in the
EFD community and the fact that part of the community is not hydranted create some special needs.
Mayor Zerby explained the Hennepin County Open Book meeting is scheduled for May 4 from 5:00 —
7:00 P.M. at City Hall. That is the second opportunity for property owners in the City to speak with the
assessor about their property valuations. The first opportunity is to call them.
Zerby noted that the South Lake Minnetonka Police Department (SLMPD) was recognized by the
organization Mothers Against Drunk Drivers (MADD). It was recognized as the Outstanding Law
Enforcement Agency for 2015. Sergeant Mark Guyer was recognized for Outstanding Service Metro Area
2015. Three top DWI Enforcer Awards were awarded to Sergeant Mark Guyer, Sergeant Jim Williams
and Officer Rick Sayre. He extended his congratulations to the SLMPD. He stated that although he enjoys
all of the establishments in the City of Excelsior that people imbibe in and dine in providing policing
services to control things takes away from other policing resources for other areas in the SLMPD
community. For the size of the SLMPD community (about 12,000 people) receiving that many awards
tells somewhat of a story of what is going on in the community.
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April 27, 2015
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12. ADJOURN
Siakel moved, Sundberg seconded, Adjourning the City Council Regular Meeting of April 27, 2015,
at 8:38 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
S erby, Mayo
Jean Panchyshyn, City ler