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07-25-16 CC Regular Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 25, 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 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Sundberg, and Woodruff, Attorney Keane; City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Homby Absent: Councilmember Siakel. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes of July 11, 2016 Labadie moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 11, 2016, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of July 11, 2016 Woodruff moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of July 11, 2016, as presented. Motion passed 4/0. C. City Council Special Meeting Minutes of July 14, 2016 Woodruff moved, Labadie seconded, Approving the City Council Special Meeting Minutes of July 149 2016, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Labadie moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 16 -0539 "A Resolution Approving Change Order No. 2 for Star Lane and Star Circle Utility and Street Improvements, City Project 14- 11." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 2 of 16 C. Adopting RESOLUTION NO. 16 -0549 A Resolution Approving Change Order No. 1 for the 2016 Crack Fill and Seal Coat Project, City Project 16 -01." Councilmember Labadie stated she understands the reasoning behind extending the Star Lane and Star Circle project completion date. She noted that she does not want to extend it again. The residents living along Star Lane and Star Circle have been living with the disruption caused by the project for too long. She also noted that she has received phone calls and letters from residents expressing their concerns. Mayor Zerby concurred with not extending the completion date again. Motion passed 4/0. 4. MATTERS FROM THE FLOOR Roxanne Martin, 5750 Christmas Lake Road, stated she was present to talk about the stop sign at Christmas Lake Road and Third Avenue. She noted she has spoken with Director Brown for a number of years about her concern and more recently Engineer Homby. She explained her concern is about safety. Drivers run the stop sign consistently. There needs to be as much visibility for that stop sign as possible. She thanked the City for putting up a larger stop sign. She asked that reflectors be put on it. There is also an issue with the stop bar line at Christmas Lake Road and Third Avenue. By spring it is barely visible. At Covington Road and Radisson Inn Road the stop bar line looks brand new in the spring. Drivers will pull through the stop sign and stop half way through Christmas Lake Road and some do not stop at all. She noted that Director Brown and Engineer Homby have informed her that it is a contract issue with the sealcoating and striping. If the contract cannot be changed she asked if a longer lasting paint could be used for the stop bar line. Ms. Martin stated if the stop bar line is painted late summer or early fall and it is barely visible by spring she asked where the funds are going for the employee and paint when it is needed most. Mayor Zerby stated he and Director Brown disagree on when the striping should be done and noted he understands the sealcoating issue. He asked if it would be possible for Public Works to paint that stop bar line. Does it require special training to do that or special equipment to do it? Brown stated if Council would like staff can research what the equipment costs would be and what the impact on the existing workload would be. Councilmember Sundberg thanked Ms. Martin for bring the safety issue to Council's attention noting safety is a one of the top priority issues for Council. She stated something is not right if the stop bar line is barely visible by spring. She supported asking staff to find a solution to the problem. Ms. Martin thanked Council for its time. Lynn Tollberg, 25445 Smithtown Road, noted that she is present on her and her husband's behalf to express their frustration with the Smithtown Road east sidewalk extension project; specifically, the idleness of the project. She read into the record a letter she had sent to Councilmember Labadie. "We are residents at 25445 Smithtown Road and would like to express our frustration at the length of time it has taken for this project to be completed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 3 of 16 There have been many issues and inconveniences throughout this project. Although we could provide you a list of our complaints, we're going to address two primary issues; The longterm issue of delaying all of our personal summer projects on our home, which have included not being able to stain or paint due to the continued dust. Not only by what is in front of our home, but the traffic that stops and turns at Smithtown and Eureka. We are the second home in from that intersection. It has also prevented us from having our windows open almost the entire summer. The second issue has been throughout the project on a daily basis. This has been accessing our driveway. In addition to parking on Wedgewood during the times it was totally inaccessible, each time it rains, and sometimes after the work had been conducted, we'd come home and "bottom out" in our car and we'd sink up to the rims. We've had to use our SUV for long periods of time to get in and out of our own driveway because our cars won't make it in and out. On a personal note her husband has two classic cars and he is really frustrated because he can't get them in and out. If crews were here working toward an end, it would be understandable. However, currently the project is sitting idle. Again! For two weeks it has been idle. Our understanding is they will return August e, to resume "real work. " If they indeed do that, and they wait another 7 days to do the sidewalk that would block us out of our driveways and put us at the middle of August. Then we will have another 7 days before they finish the repair to Smithtown Road and Eureka Road, and that doesn't even include landscaping that we are going to need. Now summer is gone. The project was scheduled to begin in April, be completed in June, and now we're at the end of July and there is no completion in sight. We would be very appreciative if the City Council could find a way to bring this project to a more timely and satisfactory conclusion. We would also like to mention, this has created a very dangerous situation for bikers and walkers on Smithtown Road. Trying to access the trail is dangerous on a runner. It is very hard to get to the trail. There is no shoulder, the roadway is narrow and now there is a large "trough" between the new curb and the pavement edge which also a safety hazard. Thank you for listening and taking time to consider our concerns. Sincerely, Gary & Lynn Tollberg" Mayor Zerby asked Engineer Hornby to give an update on the project. Engineer Hornby stated he sent an email out to Council last Friday [July 20] giving an update to the schedule. The contractor will be back next week [the week of August 1 ] to pull the curb out. The contractor will then be replacing the curb. Once the curb is placed the contractor will follow up the following week with the new curb and the sidewalk. Mayor Zerby stated he has had discussions with Engineer Hornby about twice a week about the project. He noted it has been very frustrating for him as well because of the number of delays. He explained there have been a number of circumstances causing the delays. He thought some of them could have been avoided and others could not have been. Currently the project sits idle because about 20 percent of the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 4 of 16 curb has to be removed and replaced because it was placed incorrectly. He was unsure if driveways would be impacted or just intersections, but he assumes some driveways would be impacted. Engineer Hornby reminded Council that there had been three delays. The longest delay was caused by the utility companies' inability to respond when they were supposed to move the utilities. The companies were notified almost two years ago that this project was moving forward. There are still utility poles that have not been moved. Mayor Zerby stated some of the issue was caused by the Minnetonka Country Club (MCC) project. Some was because of a band width issue; WSB & Associates was not able to supervise both the sewer project and the sidewalk project. Engineer Hornby disagreed with that statement. Engineer Hornby explained that due to the number of complaints received about the traffic conditions and the work that was going to be done on Country Club Road and Yellowstone Trail staff decided it would be better to postpone the contractor a couple of weeks (something Council had been made aware of). Once the contractor was postponed it took a couple of weeks to get them back. That was the second delay. The third delay was the issue with the curb; that is the current delay. Councilmember Sundberg stated after the recent rain she saw standing water in the trough. She asked if that would cause a further delay. Engineer Hornby responded no and explained the contractor will have to clean that out and put dry materials in there. Sundberg then stated it appeared to her that the Smithtown Road west sidewalk project went better than the east extension is going. Hornby explained there was about one half the amount of traffic traffic on that section of Smithtown Road and there were fewer access points. He noted the biggest issue has been with the utilities and it is still an issue today. Sundberg asked if there is anything that can be done for safety. She considered it to be very treacherous there. Hornby explained he had the contractor stop work when he became aware there was an issue with some of the curb. The contractor had been going full bore ahead to get the area between the curb and the pavement restored. From a contractual standpoint if he let them keep working knowing there was an issue that could have been a problem for the City. The contractor could have tried to argue that the City would have had to pay to take out some of the curb and put it back. Unfortunately, stopping the work has caused an issue for the residents. Once they found out what the issue was the contractor was rescheduled to come back as soon as they could get their concrete crews in. Mayor Zerby stated there were four or five utility poles that needed to be dealt with. There had been discussion about being able to bore around some of them. He was not totally convinced that caused a lot of the delay. He noted he understands a contractor cannot just resume work as soon as they are asked to. He stated if there are issues with future projects he asked if there was a way to work around the issues to keep a project moving forward. Engineer Hornby stated in this instance there was not. Zerby questioned if the engineering inspection could have been done after the curb was poured or did they need time to settle. Hornby noted that did happen and that was when the problem was identified. Councilmember Sundberg asked what accountability the contractor bears for making a mistake for 20 percent of the curb. Engineer Hornby noted the contractor has to remove it and replace it at their expense. Sundberg noted that does not account for the time loss and inconvenience to the residents. She stated she was not impressed with the contractor for this project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 5 of 16 Councilmember Labadie asked if there was any type of damages clause or remediation clause in the contract in the event the contractor messed up. She stated the contractor made a mistake and the City stopped them from working while the issue was resolved. She asked if the contractor could not have used the time it was supposed to have been work to fix the problem. Engineer Hornby stated the construction work was stopped so people could find out what the issue was and determine who was going to pay for it before the contractor continued on with construction. The contractor is going to pay for it. Labadie asked Attorney Keane if there is a damages clause in the contract. Attorney Keane responded no. Councilmember Sundberg asked if that is typical. Keane explained that is discussed in advance of contracts and noted he was not sure what the discussion was for this contract. Keane stated liberty to damages may drive up the cost of a contract. Including a damages clause is usually a business consideration. Engineer Hornby explained that because of the delays caused by the utility companies trying to assess liquidated damages becomes much more difficult. If the contractor decided to walk away from the project before it was completed because of their workload that would have been different. That is what the previous contractor for the other segment of the sidewalk did albeit they did come back and finish it. Councilmember Labadie stated there was a completion date specified for the water tower rehabilitation project. Director Brown stated for all of the City's construction projects completion dates are established. He explained the City has explored liquidated damages with the courts a number of times. Courts are hesitant to award liquidated damages unless there is a very strong argument and documentation. Staff will review the time that the project has been idle. The contractor will likely bring up the fact that City asked that the project be stopped and that there were design changes. The delays caused by the utility companies will also come into play. Labadie expressed concern about safety when traveling east on that section of Smithtown Road during the construction project. She does not like to do that and takes alternate routes to avoid that area. She also expressed concern about the fact that school will be starting and there will be buses full of students being driven along that route. Parents will also be driving the same route to take students to school. She asked if the project will be substantially complete and the traffic situation improved by the time school starts. If that will not be the case she asked what the recourse there is. That would clog up the city and put the safety of people going to and from schools at risk. Engineer Hornby explained when the contractor comes back to deal with the curb, before they pour the sidewalk, they have to finish the pavement as well. That would restore the lane. There will be partial road closures during that work when the sidewalk goes in and the curb is addressed. The closures would not be as severe and when removal work was done. The contractor's hope is to have the work done before the start of school. Mayor Zerby asked if staff would reach out to residents who have driveways that would again be inaccessible. Engineer Hornby stated staff keeps the website updated with current information about the project. Zerby encouraged staff to have more personal interactions with those residents. This project has been a big hardship for them. Hornby stated the newsletters have contact information for him and the WSB construction engineering staff member involved with the project. That individual is out at the project site almost full time. Zerby stated he wanted more personal interaction about what to expect next. Hornby stated staff will put door hangers out and if Council wants staff to go knock on doors staff will do that. Zerby stated he would like staff to go door to door especially to those who will experience the driveway inaccessibility again. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 6 of 16 Councilmember Sundberg stated she was tired of hearing that the contractor will try to do something. She wants staff to put the fire under them and noted that it was likely Engineer Hornby was already doing that. Staff needs to really manage the contractor. Hornby asked if Council was implying he was not and noted that it was not the case from his perspective. He stated the contractor is being managed but there are a lot of difficulties with the contract and a lot of the work that has been done. Staff is trying to get it corrected. Engineer Hornby explained he spent about one hour working with the contractor on July 22 trying to get the contractor to resume work earlier than what he had told Council in his email to them. The contractor can't make that happen. The contractor had indicated if there was a break in their schedule he would do that. He stated if the contractor called him and said he can have a crew back the next day he asked what he is supposed to tell the residents. He would not have been able to notify them about what work would be done and the impact of it. The contractor may resume work sooner but the lack of notification to the residents will cause consternation for the residents. He clarified he would prefer to notify residents and get the contractor back to work as soon as he can. He stated the project has not been mismanaged but there have been some issues with the project. The issues have not been easy to deal with from a contractual or construction standpoint. Councilmember Labadie stated she thought the City needs to be proactive about notifying people if the project will not be substantially complete before school starts. That notification should be done a week or so before the start of school. First Student Transportation, the bus company, needs to be notified. Representatives from the Minnetonka School District also need to be notified. Engineer Hornby stated that is done for every project. Emergency services and the transportation group for the school are notified. Betty with the School District has his cell phone number and she can call him any time. Mayor Zerby stated he had spoken with Excelsior Fire District (EFD) Chief Gerber and he had not been told about the closings for the sewer portion of the project. That was somewhat of a problem for both firefighters going to the station and for emergency response vehicles. They need to have an alternate route planned for in advance. He stated he thought there needs to be better communication for this and more personal communication. Engineer Hornby stated he is hearing from Council that he is not doing his job and noted that he does not share that perspective. He then stated many times things are communicated via email so that there is documentation. Mayor Zerby stated he does not think Council has been saying Engineer Hornby is not doing his job. Councilmember Labadie clarified that she did not mean to infer Engineer Hornby was not doing his job. She stated Hornby is the liaison and Council is asking him to convey Council's concerns. She clarified she is not saying Hornby "dropped the ball ". Engineer Hornby explained that during construction meetings Director Brown serves as the "bad cop" very well. During the meetings Council's concerns are conveyed to the contractor. Staff takes the inconvenience to residents into consideration during project discussions. He noted that he would be frustrated if he were a resident impacted by this project. He stated if there were one contractor blocking off one lane of Smithtown Road and another staging paving trucks in the other lane there is no way to get through the area. That had to be taken into consideration. He noted the City could have told the developer for the MCC project it could not start any work until the sidewalk project was done. He went on to state that the contractor for the Star Lane and Star Circle project was going to complete that project ahead of time but the timing was not right for when they wanted to come in an pave the roadway surface. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 7 of 16 Mayor Zerby asked why the contractor cut deeper into Smithtown Road for the east sidewalk project than for the west sidewalk project. Why is there a foot gap between the curb and the roadway surface? Engineer Hornby explained the contractor needed enough space to get their equipment in to compact the aggregate base below and the pavement in front. The contractor for the west segment tied to skinny that area up a little and there are constructability issues with that when trying to do that work. That contractor did find a way to make that work but they did not give themselves much room to do that. The contractor for the east segment tried to run the curb machine on both the aggregate and the bituminous surface. He thought that caused problems from them and that resulted in some of the curb issues. Zerby stated he thought more communication is better and more personal communication is better to those residents along the south side of Smithtown Road. Engineer Hornby stated he will have field staff go door to door. Zerby stated from his perspective that is the least that can be done because of all of the inconvenience the project has caused. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Report by Planning Commissioner Riedel on the July 19, 2016, Planning Commission meeting. Planning Commissioner Riedel reported on matters considered and actions taken at the July 19, 2016, Planning Commission meeting (as detailed in the minutes of that meeting). Councilmember Sundberg asked if any residents had comments during the public hearing for the Code Amendment to Opt -Out of Family Health Care Dwelling ( "Drop Homes') Law. Mr. Riedel responded no. B. Conditional Use Permit for Six -Foot Fence in Front -Yard Setback Applicant: Deborah and Kenneth Hoops Location: 23755 Smithtown Road (County Road 19) Director Nielsen explained Deborah and Kenneth Hoops, 23755 Smithtown Road, have requested a conditional use permit (C.U.P.) to construct a six -foot high, alternating board on board (shadowbox) fence across part of the front of their property. The fence would replace a former nonconforming fence they had. The proposed fence would comply with all of the criteria in the Zoning Code for granting a C.U.P. allowing for a six - foot -high fence in the front setback. The applicants already have some landscaping in that area and the new plantings will be shade and salt tolerant. Nielsen noted the Planning Commission unanimously recommended Council grant the C.U.P. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 16 -055, "A Resolution Granting a Conditional Use Permit for a Six -Foot Fence in Front Yard for Deborah and Kenneth Hoops, 23755 Smithtown Road." Mayor Zerby stated he thought the fence would enhance the property. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 8 of 16 C. Setback Variance Applicant: Ryan Krieger Location: 20920 Forest Drive Director Nielsen explained Ryan Krieger and his wife are arranging to purchase the property located at 20920 Forest Drive from David Moe. The property was the subject of a variance request about one year ago for Mr. Moe. The subject property is very nonconforming; it is 50 feet at its widest and tapers back to 37.5 feet on its easterly end. The Krieger's propose to tear down the existing house on the property and build a new house. What they propose is essentially the same footprint as the one Mr. Moe had received a variance for. The difference between the two variance requests is Mr. Moe would have had only a garage on the easterly end and the Kriegers want to have living space above the garage. Nielsen noted the Planning Commission unanimously voted to recommend approval of the setback variance request. Councilmember Woodruff stated that Council has been tough on granting variances during his tenure on Council. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 16 -056 "A Resolution Granting a Setback Variance to Ryan Krieger, 20920 Forest Drive." Motion passed 4/0. D. Conditional Use Permit for a Building Addition Applicant: Valvoline Instant Oil Change, Inc. Location: 19465 State Highway 7 Director Nielsen explained Valvoline Instant Oil Change, Inc. is located at 19465 State Highway 7. The property is zoned C -1, General Commercial. Valvoline has submitted plans to add a small addition to the existing building. The property exists under a conditional use permit (C.U.P.) that was approved in May of 1984. Therefore, the addition is also subject to the C.U.P. process. He thought the designer did a very good job of fitting the applicant's needs into the City Code while meeting the needs of the applicant. The applicant's request complies with the requirements of the Shorewood Zoning Code. The height of the building addition would be about three feet shorter than the existing building. Nielsen noted the Planning Commission unanimously recommended granting the C.U.P. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 16 -0579 "A Resolution Granting a Conditional Use Permit for a Building Addition for Valvoline Instant Oil Change, 19465 State Highway 7." Motion passed 4/0. E. Code Amendment to Opt -Out of Family Health Care Dwelling ( "Drop Homes') Law Director Nielsen explained the state legislature recently adopted a law requiring cities to allow what is commonly being referred to as "drop homes ". They are intended for temporary family living facilities in residential zoning districts. The legislation allows cities to adopt standards that would make the dwellings a step above recreational vehicles. He thought there would be a number of issues with those types of dwellings such as the issue of sanitation. Another issue raised is even though they are supposed to be temporary there is nothing more permanent than something done temporarily. People would want to get their money's worth out of an investment. Shorewood permits alternatives to the temporary health care dwellings. It allows accessory apartments for senior care or health care. That was added to the Code a few years ago. If the City ever wanted to allow for the dwellings it could do that on its own rather than having the State dictate that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 9 of 16 Nielsen noted the legislation allows cities to opt -out of allowing the dwellings provided they do so my September 1, 2016. He then noted the Planning Commission unanimously recommended approval an ordinance opting out of State Statutes, Section 462.3593 pertaining to temporary family health care dwellings. Councilmember Sundberg noted she agrees with the staffs and the Planning Commission's recommendation. She stated she thought there are many loose ends with the law. Councilmember Woodruff expressed his support for opting out of the law. He reiterated what Director Nielsen explained about what the City already allows. Councilmember Labadie stated if the City does not opt out she thought it would be difficult to regulate what the law allows. Sundberg moved, Woodruff seconded, Approving ORDINANCE NO. 532 "An Ordinance Opting - Out of the Requirements of Minnesota Statutes, Section 462.3593." Motion passed 4/0. F. Conditional Use Permit Amendment Regarding Sewer Lift Station Property Applicant: Metropolitan Council Environmental Services (MCES) Location: 21445 State Highway 7 Director Nielsen explained that late 2015 the City approved a conditional use permit (C.U.P.) for MCES. MCES currently operates a sanitary sewer lift station at 21445 State Highway 7 (at the intersection of Christmas Lake Road and Third Avenue). MCES wants to replace its existing lift station facility on the property. Council adopted Resolution No. 15 -095 granting the C.U.P. subject to four conditions stipulated in the Resolution. One condition was the City was going to provide MCES clear title to the property. The property had been acquired by the City several years ago. It appears that the paper work was either not filed or improperly filed. The property is reverting back to the State Land Department or to Hennepin County. The City is shown as the fee owner. MCES is going to go through a friendly condemnation process; the City does not object to MCES doing that. Because the City is not providing clear title that condition would be removed. Another condition was MCES was to extend Excelsior watermain along Third Avenue up to the intersection of Christmas Lake Road and Third Avenue to service the site. The City of Excelsior has concerns about the capacity of its system and therefore does not want to extend an entire watermain. Excelsior did agree to extend a single service. That is all the facility needs because there is only a single bathroom in the facility on the site that is occasionally used. The condition for the water service extension stipulates that it must be bored underground to preserve the wooded area on the easterly portion of the property. He noted the meeting packet contains a copy of a revised resolution granting the C.U.P. which reflects the changes to those two conditions. He also noted the Planning Commission unanimously recommended adopting the new resolution granting the C.U.P. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 16 -0589 "A Resolution Granting a Conditional Use Permit for Metropolitan Environmental Services (MCES) to Replace an Existing Lift Station in the Southwest Quadrant of the State Highway 7 / Christmas Lake Road Intersection." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 10 of 16 G. Approve Deed Correction — Lots 7 & 8, Manitou Glen Applicant: Nita Morlock Location: 24975 and 24995 Glen Road Director Nielsen explained that in January of 2007 the City approved a minor subdivision for Bob Morlock for his property on Glen Road. As part of the approval the City required the dedication of additional right -of -way (ROW) for Glen Road. While attempting to sell the two lots at 21265 and 21285 Glen Road the buyer's title company discovered that the City received fee title to the property with no indication of its intended purpose for the 10 -foot strip of land. That makes the buyer's title company a little uncomfortable. The City is being asked to approve the recording of a corrective deed to clarify that the intent of the City's ownership is for public ROW. Woodruff moved, Labadie seconded, Adopting RESOLUTION NO. 16 -0599 "A Resolution Accepting Corrective Deed for Lots 7 and 8, Manitou Glen." Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Approve Plans, Specifications and Authorize Advertisement for Bids for the 2016 Trunk Watermain Extension ( Oppidan), City Project 16-04 Engineer Homby explained the meeting packet contains a copy of a memorandum from him that identifies the requested trunk watermain extension that would ultimately serve the Oppidan Shorewood Senior Living development and areas north and south of Trunk Highway 7. The project is estimated to cost about $1.5 million as indicated in the Feasibility Report. About $400,000 of that cost will be contributed by the developer. Staff is requesting Council adopt the resolution approving the plans and specifications and authorizing the advertisement for bids for the 2016 Trunk Watermain Extension Project, City Project 16 -04. Sundberg moved, Woodruff seconded, Adopting RESOLUTION NO. 16 -0609 "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids, 2016 Trunk Watermain Extension Project, City Project 16 -04." Motion passed 4/0. B. Receive Petition for Paving Parking Lot — Freeman Park Engineer Homby explained the City received a petition from residents living in the Shorewood Ponds development requesting the parking lot in Freeman Park adjacent to the development be paved. The residents from twenty -seven households signed the petition. They expressed concern that the gravel parking lot at the west end of Park Lane can create health issues and impact the enjoyment of owners of properties located in the development. Staff asked Council to accept the petition and to direct staff what on to do about the requested improvement. He noted the 2016 capital improvement program (CIP) does not include funding to pave that portion of the parking lot nor is there funding in the future CIP. Mayor Zerby noted there is a Shorewood Ponds Homeowners Association. He clarified that this is not a public hearing but noted he will allow a representative of the Association to speak to Council. Jerry Brecke, a representative from the Association, noted the issue is not new. He explained that three years ago they asked for help but nothing happened. Last year they asked for help and nothing happened until someone intervened and some sodium chloride was put down. That worked well for about one week. Once that surface was broken it no longer did any good. The dust and the problems with the gravel surface cause a real health issue. Currently it is worse than ever. There are two ballfields that are used more than he can ever remember. Unfortunately, the dust keeps the residents living on the west of the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 11 of 16 facility from sitting outside. If they don't park their vehicles in their garage right away they become covered with dust. When it rains the gravel and dirt becomes mud and it gets tracked onto the roadway. The City has a large pile of asphalt at the Public Works facility. Putting it down on that section of the parking lot would be a good use for it. The development had some driveways replaced. Rather than putting just asphalt down they put down a combination of asphalt and concrete. That surface is as hard as a rock. The rain did not affect the surface at all. The petitioners are asking the city to pave the parking area by fields 1 and 2. That area is probably not much larger than a football field. Parking is heavy on Park Lane especially with more expensive vehicles. He noted the petition includes names of people from at the ballfield. There was 100 percent support from the people they talked to. The President of the Association thought she was getting in the way of people watching the games so the quit seeking more signatures. He stated among the comments they heard was that people go to many ball fields and the parking lots are paved. Another comment was it would be such a big project because of the other big parking lot in Freeman Park. There are no houses around that big parking lot. He stated the petitioners do not want their request "buttonholed this year ". He noted the size of the community garden was doubled in size and now there are three times as many cars that park near there. Mr. Brecke stated the residents would like the area to be paved. Councilmember Sundberg stated she thought the residents have been extremely patient. She then stated the petition gives the Council the impetus to address the issue. She suggested Council ask staff to assess paving options. The gravel lot is a nuisance at the least and also a health and safety issue for residents and people trying to use the area. She noted she would like to find a solution to get it paved. Mayor Zerby stated he thought project is long overdue. He thought that some of the park dedication fees paid when the development was built should have been used to do that. The dirt parking lot was adequate when the houses were not there. But, it has evolved from a rural aesthetic to more of an urban aesthetic. Something needs to be done. In response to a question from Councilmember Labadie, Engineer Hornby stated when he looked at the petition he counted the number of different households in the development that were represented. Councilmember Labadie stated one sheet of the petition states "collected from baseball families ". Based on the names they were collected at one game. Mr. Brecke confirmed that. Labadie stated that if names were collected from more than one game there would be a lot more signatures. She noted that she does not think paving the small parking area for the benefit of baseball families is necessary. She does think that paving it for the benefit of the residents in Shorewood Ponds is a different issue. She stated that before Council can make a decision about the request Council needs staff to provide an estimated cost to pave it. Councilmember Sundberg asked staff to include the paving in the budget for 2017. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 12 of 16 Mr. Brecke asked if the City has any extra money for this year. Councilmember Woodruff stated he would like to keep the option open for doing something in 2016 if there is an affordable option. He asked staff to come back to Council will options from both an installation and maintenance perspective. Mr. Brecke stated that in the past people have heard that the Minnehaha Creek Watershed District (MCWD) had not liked the angle of the parking lot. He noted that one year ago the City redesigned that to bring the stormwater along the property line and into the holding ponds. Mayor Zerby stated he thought Council has provided direction to staff. 10. GENERAL/NEW BUSINESS A. Appointment to the Park Commission Mayor Zerby stated that earlier this evening Council interviewed two well qualified applicants for an open seat on the Park Commission. He asked if someone wanted to make a motion to appoint one of the applicants. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO 16 -061, "A Resolution Making the Appointment of Molly Barr (July 25, 2016 - February 28, 2018) to the City of Shorewood Park Commission." Councilmember Sundberg stated she thought both applicants were phenomenal. She wished the City had room for both. Choosing one over the other is difficult because they are both very qualified. Councilmember Labadie stated it is always a shame when a resident is willing to volunteer and they are denied the opportunity to do so. There will be other opportunities to do so. She then stated she thought Ms. Barr was an excellent candidate, very enthusiastic and highly qualified. She also thought the other applicant, Mike Plekkenpol, was very qualified. Mr. Plekkenpol has dealt with budgeting issues about park projects, landscaping, and playground structures for example. There can be great ideas about how to improve the City's parks but they cannot be implemented if there is no budget to do so. She noted she would support Mr. Plekkenpol for the sole reason of his experience in budgeting for park related items. Councilmember Sundberg noted her preference would be Mr. Plekkenpol. She reiterated she hates to leave one applicant behind. She stated she hopes that the applicant that is not appointed will reapply for future opportunities to volunteer with the City. Mayor Zerby stated he does not recollect Council ever having this much discussion about which applicant to appoint because they were so qualified. Councilmember Woodruff stated from his perspective there is very little difference between what the two applicants can contribute to the City. He stated he hopes that whichever applicant is not appointed will apply for a future opportunity to volunteer. Councilmember Labadie stated the Arctic Fever committee can always use great volunteers. Motion passed 2/2. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 13 of 16 Mayor Zerby explained that in a tie vote the mayor's vote counts as two votes. Administrator Joynes confirmed that. B. City Administrator Search Administrator Joynes explained he had emailed Council a proposed schedule for interviewing and vetting the three semifinalists for the city administrator position last week. Based on feedback received from Council it appears that Tuesday, August 16, works the best for the majority of Council. He invited Excelsior Fire District Chief Gerber and South Lake Minnetonka Police Department Chief Meehan to participate. He noted that one of the panels can be recorded so Councilmember Sundberg can observe all of the semifinalists. He stated if Council is in agreement with what has been proposed then the extensive background checks will be started on July 26. The psychological and management assessments will be done as well. He had provided Council with a recommendation on who to use to do the assessments. He noted that he anticipates that Council will narrow the three semifinalists down to two and conduct full interviews with them. Although, it could be possible for Council to all agree on one individual. He explained the background check includes a full criminal investigation. Sometimes it takes a while to get the information back from the Bureau of Criminal Apprehension (BCA). Council will be provided with the results of the psychological and management assessments prior to August 16. Councilmember Woodruff asked when the rest of Council is going to see the information about the candidates. Administrator Joynes stated that information will be provided prior to the August 16 interview process. Administrator Joynes noted that because they candidates are semifinalists the names will be kept private. Once the finalist or finalists are selected the names will be released. Joynes asked Council to receive and file the proposed schedule and direct staff to proceed with the vetting of the three semifinalists. Woodruff moved, receiving and filing the proposed schedule for the city administrator selection process and directing staff to move forward with the vetting process for the three semifinalists. Councilmember Labadie asked what happens if Council cannot come to a consensus on one candidate or if Council does not think the lead candidate is strong enough. Administrator Joynes explained the Personnel Committee reviewed the information on six candidates and narrowed that down to three for Council. The full Council could go consider other applicants not included in the list of three. Councilmember Woodruff explained the Personnel Committee thought there were six candidates that would be worthy of an interview with Council. The Committee thought six was too many so it narrowed the number down to the three the Committee thought would be the best fit. He thought that in addition to the three semifinalists selected he thought there would be one and possibly two other applicants that would be worthy of an interview with Council. He noted the City received 26 applications and some clearly did not meet the City's criteria. Mayor Zerby clarified that he did not receive a copy of the proposed schedule. Administrator Joynes noted he will resend the information the next day. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 14 of 16 Councilmember Sundberg stated she had some discomfort with narrowing the number of candidates Council will interview to three. Based on her experience the interviews can be the clarifying part of the process. Administrator Joynes explained he had interviewed the top six candidates. He provided the other two members of the Personnel Committee with his comments and assessments. The three members of the Committee agreed that three candidates were in the first cut. There are some potential candidates in the second group of three. All six of the candidates have experience that would fit but it comes down to chemistry with Council. He stated if Council is not comfortable with any of the three semifinalists Council can interview some of the next three. Councilmember Woodruff stated that if he is unsure about the three finalists he would want to interview more applicants. Mayor Zerby stated he is fine with the process Administrator Joynes described. He then stated he is a little bit uncomfortable voting on something he has not seen and the public has not had a chance to review. He clarified he thought the direction was clear. Administrator Joynes clarified that at this point it is not a public process. Administrator Joynes stated the interview process will go from 1:00 — 5:00 P.M. on Tuesday, August 16. He has allotted one hour for each semifinalist and then one hour for Council to discuss them. Staff will provide Council with sample interview questions. Sundberg seconded. 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. He asked that the schedule be updated with at least estimated dates of completion for the Smithtown Road east sidewalk extension. Engineer Hornby noted the schedule will be updated for the next Council meeting. Engineer Hornby noted that staff has submitted the Pedestrian Facility Grant through the Metropolitan Council for the Galpin Lake Road trail segment. The grant is for up to $1 million. He will update the Galpin Lake Road trail schedule with that. The soonest that trail could be constructed would be in 2019. 2. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the June 2016 Monthly Budget Report. Other Director Brown explained on July 15 kids tagged the basketball court surface and backboard in Silverwood Park. Staff spoke with a contractor who deals with the surface and was told to pressure wash the surface noting it could scar the surface. It did do that. The contractor advised staff not to resurface the court right away. Based on the contractor's 30 years of experience when the resurfacing is done quickly kids tag it again. The last time the court was resurfaced it cost about $2,500. He thought the deductible for insurance claims is about $2,500. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 15 of 16 Mayor Zerby asked if there would be value in putting up a sign encouraging people to be aware of suspicious activity because of recent vandalism. Director Brown noted staff has been working with representatives from the South Lake Minnetonka Police Department (SLMPD). Brown then noted the hockey rink in Badger Park has been taken down. The ruminants will be removed in the near future. Director DeJong stated there will be a meeting with Oppidan Investment on July 26 to finalize some of the documents on the tax increment financing related to its Shorewood Senior Living project. Mayor Zerby asked for an update on the bank statement reconciliation process. Has staff caught up for 2016? Director DeJong responded up through February. DeJong noted he has another meeting scheduled with Joe Rigdon, with BerganKDV, to get some help with the reconciliations. B. Mayor and City Council Councilmember Woodruff stated that he read an article in a newspaper that the City of Excelsior has given preliminary approval to The Waters of Excelsior senior living project. That requires Excelsior annex a parcel of land located in Shorewood. He asked what the next step is for Shorewood. Attorney Keane explained Shorewood has to go through a notice and hearing process. A joint resolution has to be crafted for submittal to the state agency that oversees boundary adjustments. It is a multistep process that requires the collaboration between Shorewood and Excelsior and the state agency. Woodruff asked if the Planning Commission will consider the annexation. Attorney Keane responded yes. Director Nielsen clarified the annexation requires the Commission to consider an amendment to the Comprehensive Plan. Administrator Joynes explained that Excelsior will have to go through something similar to what Shorewood did with Oppidan which includes establishing a Tax Increment Financing (TIF) District and TIF Plan. That cannot happen until after the annexation because Excelsior needs to have control of the property. Attorney Keane stated it would take four to six months for Shorewood to be done with its part of the process. Councilmember Labadie noted she attended the Excelsior Firefighters Relief Association (EFRA) fundraising dance on July 15. She had a great experience. She thanked everyone who bid on the silent auction items. Councilmember Sundberg stated she did go on a drive through tour of the Minnetonka Country Club (MCC) development. It was very informative. It appears there are going to be some lovely spots. She then stated that the previous week she attended the kickoff meeting for Hennepin County's 3 -year strategic planning process. The process will be much more involved than she had anticipated. She met with Administrator Joynes and Director Nielsen earlier in the day to hear their initial thoughts about what the City should be thinking about for out to 2040. She asked staff and Councilmembers to provide her with their thoughts about issues and opportunities to improve the City's working relationship with the County or suggestions they have for the County to consider. During the meeting there was a review of emerging trends in the County such as it is an aging population and an aging infrastructure. Mayor Zerby thanked Councilmember Sundberg for participating in that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 25, 2016 Page 16 of 16 Mayor Zerby stated he attended a recent meeting of the SLMPD Coordinating Committee. He noted the Committee recommended approval of the 2017 SLMPD budget during the same meeting it was first presented. He expressed his congratulations to SLMPD Chief Meehan for that. He noted Chief Meehan has been made aware of concerns Council has about traffic. There had been some special policing along the Lake Linden Drive, Yellowstone Trail and Country Club Road corridor. Chief Meehan had related there had been good results from doing that. Councilmember Woodruff asked that Council be provided with the results at the appropriate time. Zerby then stated there has been some discussion about the SLMPD joint powers agreement (JPA) funding formula. During that Coordinating Committee meeting there was a suggestion that rather than averaging the three criteria every five year consideration be given to considering a rolling 10 -year period. The initial calculations for taking that approach would increase Shorewood's contribution by about 10 percent. 12. ADJOURN Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of July 25, 2016, at 8:43 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: JeiVn Panchyshyn, City derk .yam