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05-09-16 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 9, 2016 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:04 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie and Sundberg; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmembers Siakel and Woodruff B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 310. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, April 25, 2016 Sundberg moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of April 25, 2016, as presented. Motion passed 310. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Accept Proposal by Safe Assure for Safety Training C. Approving ORDINANCE NO. 528, "An Ordinance Enacting and Adopting the 2016 S -11 Supplement to the Code of Ordinances for the City of Shorewood Minnesota" and Adopting Resolution No. 16 -030, "A Resolution Approving the Official Summary of Ordinance No. 528." D. Adopting RESOLUTION NO. 16 -031, "A Resolution Approving a 3.2 Percent `Off - Sale' Malt Liquor License, for Shorewood 2001 L.L.C., dba Cub Foods "; RESOLUTION NO. 16 -032, "A Resolution Approving an Off -Sale Intoxicating Liquor License, for Park Square Subway, Inc., dba Shorewood Liquor "; RESOLUTION NO. 16 -033 "A Resolution Approving an Off -Sale Intoxicating CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 2 of 10 Liquor License, for TL Shorewood Inc., dba Team Liquor Wine & Spirits "; RESOLUTION NO. 16 -034, "A Resolution Approving an Off -Sale Intoxicating Liquor License for Wine & Spirits by JD, Inc., dba MGM Wine and Spirits "; and, RESOLUTION NO. 16 -0351 "A Resolution Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales for American Legion Post #259." E. Setting the Date for the Annual Appreciation Event F. Affirming RESOLUTION NO. 16 -029, "A Resolution Relating to the Sale of Tax Forfeited Parcel Lot 1, Auditor's Subdivision 367." G. Accept Donation from Minneapolis Auto Club for Safety Camp H. Approval of License Agreement with Hennepin County for Election E- poilbooks Councilmember Labadie thanked the Minneapolis Auto Club for its donation to the 2016 Safety Camp. Motion passed 310. Mayor Zerby asked that the volunteer gardeners also be invited to the appreciation event. Attorney Keane noted that there will be a short executive session following this meeting. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Update by Jack Kimball and Judd Bracket on Phelps Bay and Gideon Bay Milfoil Treatment Judd Bracket 125 Woodpecker Ridge Road Tonka Bay and a member of the LMA Board, noted that this evening he is representing the Lake Minnetonka Association (LMA) regarding the Eurasian Watermilfoil (milfoil) treatment project. He also noted that his property fronts Gideon Bay; lie is a Bay Captain for Gideon Bay and represents Shorewood Residents. He stated Shorewood Resident Jack Kimball (his property fronts Phelps Bay) usually makes a request for treatment funding; he was not feeling well today. He stated Shorewood has in the past been generous with its contribution to the milfoil treatment project. Some unusual weeds have been identified in Phelps Bay and they need to be analyzed. Therefore, Phelps Bay will not be treated for milfoil this year. As Bay Captain for Gideon Bay asked the Council to again contribute toward the milfoil treatment of Gideon Bay in 2016. For the last few years $1,800 of the City's total treatment contribution went toward the treatment of Gideon Bay. The rest of the contribution went toward the treatment of Phelps Bay because there are more Shorewood owners of properties that front Phelps Bay in Lake Minnetonka. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 3 of 10 noted that he does not know if Bay Captain Kimball intends on asking for both a makeup contribution (from 2016) and a 2017 contribution in 2017, . Councilmember Sundberg asked why it is so difficult to get property owners to contribute toward the funding of the milfoil treatment. Mr. Brackett stated he thought part of it was apathy. Because Phelps Bay looks so good people don't understand why there is a need to continue to treat it. New owners of properties that front Phelps Bay don't know the history of treatment and therefore do not understand what the problem is. The property owners also have complacency. Mr. Brackett stated property owners contribute from $50 to $4,000. Councilmember Sundberg noted she supports the City making a contribution. Councilmember Labadie asked what the City contributed in 2015. Director DeJong stated the total contribution was $6,000; $1,800 for Gideon Bay and $4,200 for Phelps Bay. That is what the City contributed for a number of years. Councilmember Labadie asked Mr. Brackett to explain for the viewing audience what the treatment project entails. Mr. Brackett noted the milfoil harvesting program is done by the Lake Minnetonka Conservation District (LMCD). It has been doing that for years. He explained the LMA got involved with a pilot herbicide milfoil treatment program in 2008 in partnership with the Minnesota Department of Natural Resources (DNR), the Army Corps of Engineers and the LMCD. Milfoil has been in Lake Minnetonka for close to 30 years. Not much had been done to mitigate it before 2008. The pilot program was conducted in Carmen Bay, Gray's Bay and Phelps Bay. A few years later Gideon Bay and St. Alban's Bay also got treated. The herbicide treatment was for two aquatic invasive species (AIS) — milfoil and Curlyleaf Pondweed (CLP). The herbicide is plant specific; the native plants in the Lake are barely impacted. The DNR is pleased with how the herbicide goes after milfoil — the crown, the root and the part that grows — to kill the weed. When the DNR allows a native weed to be treated it knows the weed goes down and eventually grows back because those weeds are supposed to be there. Councilmember Labadie thanked Mr. Brackett for the good explanation and noted she would support the City making a contribution. Mayor Zerby stated the treatment has been highly effective in the past. Lake Minnetonka is somewhat akin to a park; many people use it. He noted he was glad there is such a tool to help make the Lake usable. Zerby moved, Sundberg seconded, approving a $1,800 contribution for the Eurasian Watermilfoil herbicide treatment of Gideon Bay. Motion passed 4/0. Councilmember Sundberg suggested publishing something about funding for the treatment in the City's newsletter. 7. PARKS A. Report by Paul Stelmachers on the April 26, 2016, Park Commission Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 4 of 10 Director Nielsen reported on matters considered and actions taken during the April 26, 2016, Park Commission meeting (as detailed in the minutes of that meeting). Nielsen noted Mr. Stelmachers resigned from the Park Commission due to a family medical emergency. He stated Mr. Stelmachers will be greatly missed. He was a bright person with a lot of energy. Councilmember Sundberg asked if staff knows how many Shorewood residents use Cathcart Park versus how many Chanhassen residents use it. Director Nielsen responded the numbers have not been broken out. For example, the numbers of skaters using the Park are known but not where they are from. He stated he had always thought the Park serves at least as many Chanhassen residents as Shorewood residents. Lately he has been told by City staff members that use that Park that quite a few Shorewood residents use it. Sundberg stated she hopes Chanhassen will pay its fair share. Director Nielsen explained that over the years it has been accepted that each city has its own park facilities and residents from other cities use those facilities as do a city's residents. Cathcart Park is unique because it is located in Chanhassen. There are about 39 units in the new development in Chanhassen that is near the Cathcart Park. Councilmember Labadie asked who is responsible for maintaining the lawn in Cathcart Park. Director Nielsen stated on paper Chanhassen is; but, Shorewood Public Works personnel mow it more often than Chanhassen. Councilmember Labadie stated twice in the last three weeks she has seen volunteers from the Minnetonka Baseball Association mowing the grass. She thanked them for doing that. She asked staff talk to representatives from Chanhassen and ask them to fulfill their responsibility. Cathcart is one of the main parks used by the Association. 8. PLANNING Commissioner Maddy reported on matters considered and actions taken during the May 3, 2016, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Zerby stated he was at the meeting and he thought the Commissioners did a great job with the many residents that spoke. He stated the number of allowable boats at the Lot 11 (5440 Shore Road) easement dock has divided residents in that neighborhood. A. Minor Subdivision Applicant: Tom Wartman Location: 26985 Edgewood Road Director Nielsen explained Tom Wartman owns the property located at 26985 Edgewood Road. The property is about two acres in size. He is proposing to divide the property into two single- family residential lots. The zoning on the property is R -lA /S, Single- Family Residential /Shoreland. Both lots would meet the area and width requirements. The lot is currently vacant and is characterized by an elevated mound on its west side dropping 11 feet to a lower area on the east side of the lot. He noted this subdivision has been recommended for approval twice before by the Planning Commission but never moved forward to Council. Nielsen noted the Planning Commission unanimously recommended approval of the minor subdivision subject to staff's recommendations. The applicant has satisfied those recommendations. Once the applicant has paid the park dedication fees and the local sanitary sewer charges for each lot the City will release the resolution approving the subdivision to the applicant for recording. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 5 of 10 Councilmember Sundberg stated it appears that once the property is divided the parcels would be similar in size to adjacent properties. Sundberg moved, Labadie seconded, Adopting RESOLUUION NO. 16 -0369 "A Resolution Approving Subdivision of Real Property for Tom Wartman, 26985 Edgewood Road." Motion passed 310. 9. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the 2016 Crack Fill and Seal Coat Project, City Project 16 -01 Engineer Hornby explained the City received bids on April 28, 2016, for its 2016 Crack Fill and Seal Coat Project. The meeting packet includes a copy of the bid tabulation prepared by WSB & Associates. The City received two bids. The project is a cooperative project with the Cities of Minnetrista and Victoria. The project is called the Crack Fill and Seal Coat Project; Shorewood does only sealcoating. The project is awarded based on the lowest grand total bid. The lowest responsive bid was received from Pearson Brothers, Inc., for a grand total amount of $332,903. Shorewood's potion of the project bid is $182,000. The 2016 Street Reconstruction Capital Improvement Program (CIP) allocated $245,000 for the Project. Hornby noted staff recommends Council adopt the resolution accepting bids and awarding contract for the project to Pearson Brothers, Inc., the lowest responsive bidder for an amount of $332,903. Councilmember Sundberg asked if the City has used Pearson Brothers before. Engineer Hornby stated the " City may have used that company a number of years ago. Director Brown stated for many years Pearson Brothers used to do the City's sealcoating; it repeatedly submitted the lowest bid. He is very pleased to have Pearson Brothers do the work again; it does excellent work. Mayor Zerby stated the two bids were very close. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 16 -037, "A Resolution Accepting Bids and Awarding Contract for the 2016 Crack Fill and Seal Coat Project, City Project No. 16 -01, to Pearson Brothers, Inc., for Shorewood's Share Not to Exceed $182,000." Motion passed 310. 10. GENERAL/NEW BUSINESS A. City Administrator Position Announcement and Search Schedule Administrator Joynes explained that during the February 8, 2016, Council and staff retreat there was discussion about the timeline for the search for a new city administrator. The proposed search schedule is as follows. ➢ May 9 — Council approves the job ad ➢ June 1 — advertise the position ➢ June 30 — close the submission of applications ➢ July 1 l — semi- finalists are recommended to Council ➢ August 1 — the finalists are chosen, additional assessments and interviews are done ➢ August 31 — the new administrator is selected and the employment agreement is prepared CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 6 of 10 ➢ October I — the new administrator starts with the City He noted the meeting packet contains a copy of a draft job ad. The ad is based on what Council said at the retreat and on what the Personnel Committee recommended. Councilmember Sundberg stated the ad states the education requirements are a BA (MA preferred) in public or business administration. She asked if business administration is a good fit for what the City needs. Administrator Joynes explained that often in searches of this nature those two requirements are considered comparable, particularly if a person has come from a business background but also has some experience serving on, for example, a public commission or in a public role of some kind. He thought it was worth having in the ad because it might increase the number of applicants the City would receive. Sundberg stated that having been on both sides a business background is not even close to public administration. She recommended putting more emphasis on a public administration degree. Mayor Zerby asked Administrator Joynes when his contract with the City ends. Joynes responded his current contract expires at the end of September. Zerby stated he had hoped the new administrator would have some time to work alongside of Joynes. The proposed timeline does not allow for that. He asked if the search process could be expedited to allow for at least a month of overlap. Joynes reiterated the timeline came from the Personnel Committee and the discussion during the February 8 Council and staff retreat. Councilmember Sundberg stated she agrees with Zerby's desire to have a least a month of overlap for the new administrator and asked Joynes if that is possible. Councilmember Labadie also agreed with that; it would make for a smoother transition. Jaynes stated staff will start the process immediately. Zerby stated it would be good to have the new administrator start on September 1. It would be beneficial to take advantage of all of Joynes' experience. Zerby moved, Sundberg seconded, authorizing staff to move forward immediately with the search for a new city administrator to try and have a September 1 start date for that individual. Motion passed 310. B. Approval of Compensation Study Proposal Administrator Joynes explained that over the next 12 months or so there will be a significant turnover in non -union personnel due to retirements. Prior to those retirements occurring there was consensus to assess the City's current compensation to ensure its salaries are competitive with the market. He has learned that George Gmach had recently done a compensation study for the City of Minnetrista. He contacted Mr. Gmach who is someone he has known for 30 years. He is currently doing compensation studies as part- time work. He, Clerk Panchyshyn and Mr. Gmach met to discuss doing a study for Shorewood. Mr. Gmach submitted a proposal to study the compensation for 10 positions for a cost of $2,000. He may want to add a few more positions to the study. Staff had anticipated spending $15,000 — $20,000 for such a study. Joynes asked Council for authorization to start a compensation study with Mr. Gmach. Mr. Gmach used to be the primary person on the Stanton review which was the metropolitan wide salary survey for approximately 100 local governments in the Twin Cities area. He has a tremendous amount of experience. Councilmember Sundberg noted she looked at Mr. Gmach's credentials online and found them to be great. She stated there are not many resources that do compensation studies anymore. Administrator Jaynes stated the City will benefit from the recent data Mr. Gmach has accumulated which helps bring the cost down. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 7 of 10 Councilmember Sundberg stated she supports this. Councilmember Labadie concurred and noted that it is prudent to ensure the City's salaries are competitive so the best candidates apply. Yet, the City should not overpay for the positions. Administrator Joynes suggested increasing the not to exceed amount to $2,500 allowing him to add a few more positions. Sundberg moved, Labadie seconded, approving George Gmash's proposal to provide compensation study services for an amount not to exceed $2,500. Motion passed 310. 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 Hornby stated that during its next meeting Council will consider a scope of services for a federal grant application through the Metropolitan (Met) Council for the Grant Lorenz Road trail segment. With regard to the Smithtown Road east sidewalk extension, staff has been working with utility companies on relocating utility poles. The plan is for the contractor to start construction of the storm sewer this week. That effort will take about two weeks provided the weather cooperates. Once the storm sewer is in then the general grading and curb and gutter can be done followed by the construction of the sidewalk. Mayor Zerby asked if the two week delay will push out the completion date. Hornby stated staff wants to wait to see how far along the contractor gets before that discussion happens. Councilmember Labadie stated shortly after work began on the Smithtown Road east sidewalk she received phones call from some people associated with the Minnewashta Elementary School. She spoke at length with the personal assistant to the Principal for the School. The assistant explained that for the construction of the west sidewalk segment a person representing the then construction company had a meeting with School representatives and outlined some of the timelines for various construction activities. The assistant indicated that was very helpful because the information was passed on to the students' parents. She asked if a representative from the current contractor for the west segment has done that. Engineer Hornby responded no. Hornby noted that he has been in contact with the school transportation group and provided them with his contact information so they can get in touch with him when they need to. Staff has kept them up to date on the current schedule. Labadie stated after the calls came through she contacted City Hall staff and later that day an email was sent out to all of the parents. She thanked staff for dealing with that so quickly. She noted people were provided with contact information for people on the construction site. Engineer Hornby explained there were longer delays on Smithtown Road during the removal process because of the overhead powerlines. The contractor had been asked to keep delays to no more than 10 minutes. The longest delay staff clocked was 13 minutes. When he drove through the site today he found delays to be about 2 — 3 minutes. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 8 of 10 Other Director Brown explained that for the at -grade crossing of the Lake Minnetonka Regional LRT Trail at County Road 19 improvement project Hennepin County has installed concrete barriers in the project area. That is an inconvenience for the pedestrians and bicyclists who use that crossing. The barriers are necessary to create a safe work zone as required by Minnesota Department of Transportation (MnDOT) standards and County standards. The past weekend people were going around the barriers. He asked County personnel to look into that; that will be an issue as construction proceeds. He noted he sent Council a schedule of anticipated construction activities. That will be posted on the City's website. Mayor Zerby asked if the County has technically closed the Trail crossing. Director Brown responded yes and stated staff notified the County that if it is to be closed there has to be advance notification. Zerby stated that Trail is part of a broader trail system. He asked if there can be a bicycle detour. Councilmember Sundberg agreed with doing that and noted that she wants safety to be the priority. Councilmember Labadie stated that Trail is sometimes used for races — both bicycle and pedestrian. She asked who should be contacted to find out if there are any upcoming races scheduled. She noted Minnetonka Community Education (MCE) does not have any races scheduled until the Fourth of July. Director Brown explained this project involves the installation of rectangular rapid flashing beacons (RRFBs) at the crossing. The RRFBs are activated by a pedestrian or biker. They flash and alert drivers that they need to stop and yield to pedestrians and bickers. The pavement area along Country Road 19 will be widened for bicyclists. Mayor Zerby stated he has observed Public Works personnel making road repairs caused from snowplows. Director Brown stated yield, stop and no parking signs have been put up near the intersection of Edgewood Road and Grant Lorenz Road. Mayor Zerby stated he is a subscriber to the SeeClickFix Customer Relationship Management (CRM) system. He thought staff has been responsive to issues residents reported. One problem was a pond that was overflowing. It was a homeowners association's responsibility; Public Works went above and beyond to help them out. Councilmember Labadie asked what the best way is for residents who do not have access to the internet to report problems. Director Brown stated they should call City Hall and the receptionist will enter the problem into the SeeClickFix system. Engineer Hornby stated the contractor has been working on some punch list items for the Star Lane and Star Circle Utility and Street Improvements project as weather permits. After those items are completed the final work horse will be paved. He thought that could be completed over the next couple of weeks. Hornby then stated the Traffic Committee has submitted its draft letter to Chuck Rickart, a Professional Traffic Operations Engineer (PTOE) with WSB & Associates. He will work with Mr. Rickart to get that report back out to the Committee as a final report. Council should see the final report two meetings from now. Mayor Zerby asked if the Committee would review that report or is its comment period over. Hornby stated the report will be sent to the Committee and their comments will be sent back to Mr. Rickart. Currently no future meeting is scheduled. Zerby asked that a copy of the final report be placed on the City's website. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 9 of 10 Hornby explained that some utility work will begin for the Minnetonka Country Club (MCC) development project. A portion of the Metropolitan Council Environments Services (MCES) sewer line has to be relocated. Over the next two weeks work will be done on the MCC site weather permitting. A hill has to be sub cut. The pipe work will not be started any sooner than May 16. At some point, possibly 2 — 3 weeks out, Country Club Road will have to be closed in order to reconnect that system to the interceptor system. After that, a portion of Yellowstone Trail will have to be closed to make some improvements. Those activities have to be coordinated with Smithtown Road improvements. There will be advance notice of the closings of at least three business days. Mayor Zerby asked if there will be signage informing people that the road would be closed. Engineer Hornby stated that would be the advance notification. Engineer Hornby stated while the storm sewer work is being done along Smithtown Road the other two roadways will not be closed. He then stated when the curb is being put in and the concrete sidewalk is being put down a smaller section of Smithtown Road may be down to one lane. Councilmember Labadie asked how long the two roadways will be closed for. Engineer Hornby stated the two roads will be closed for four days. During that time there will be a bypass pumping system will be set up to pump waste water around the system. Engineer Hornby noted he will have to notify one neighborhood because the contractor will have to go into another neighborhood to the next downstream manhole to discharge the wastewater. In that area there is a cul -de -sack and that will be down to one lane because of the piping. Councilmember Labadie suggested posting the closures on the City website, publishing then in the newsletter and notifying officials of Tonka Bay. Engineer Hornby stated he will provide Council with more detailed information. There are /will be posts on the City's Facebook page. He also provided information to the Communications Coordinator for the newsletter but it may not be detailed enough. The closures are at least three weeks out. Director DeJong stated the audit will be started in a couple of weeks. The final audit report should be presented to Council during its June 27 meeting. Administrator Joynes noted all members of Council have indicated they are able to make the special Council meeting on July 14 for the tax increment process. Springsted will provide an updated schedule outlining all of the decision points in the process. He thanked Council for accommodating that. B. Mayor and City Council Councilmember Sundberg apologized to Council and Engineer Hornby for not making the time to work with Hornby on refining the Alternative Energy Report. Sundberg noted that Hennepin County Commission Chair Jan Callison asked her to participate in a Hennepin County's strategic planning process. Chair Callison wanted to have someone from a western suburb participate. The initiative will take about three years. She told Chair Callison she would be interested in doing that; it has not been formalized. Mayor Zerby stated lie had a great time at the Bingo, Beer and Burgers event on May 7. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2016 Page 10 of 10 Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of May 9, 2016, at 7:57 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder JeWn Panchyshyn, City Clerk