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09-12-16 CC Reg Mtg Min CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 12, 2016 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, Sundberg, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmember 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 August 22, 2016 Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of August 22, 2016, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of August 22, 2016 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of August 22, 2016, as presented. Motion passed 4/0. C. City Council Executive Session Minutes of August 29, 2016 Sundberg moved, Labadie seconded, Approving the City Council Executive Session Minutes of August 29, 2016, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Approval of Mound Fire Department 2017 Budget Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 2 of 17 4. MATTERS FROM THE FLOOR Brock Austin, 19690 Sweetwater Curve, stated he was present on behalf of the steering committee for the Silver Lake Homeowners Association (HOA). The HOA was formed out of concern about the water quality in Silver Lake. He asked if it would be possible to reserve his comments until after the presentation for Item 6.A about the Riley Purgatory Bluff Watershed District. Mayor Zerby stated Council would accommodate Mr. Austin’s request and noted Item 6.A is not a public hearing. George Greenfield, 24715 Yellowstone Trail, noted that he had received the wage history information he had requested from the City. Therefore, he is now prepared to respond to a claim made during the July 14, 2016, Council special meeting during the public hearing regarding tax increment financing for Oppidan Investment Company’s Shorewood Senior Housing project. He explained the claim was the City was careful to make sure that the wages for its nonsupervisory employees maintain their value. The information he was about to use is from the City of Shorewood and the Federal Government Bureau of Labor Statistics. He explained in 1970, about the time the wage erosion began, nonsupervisory Shorewood employees made $12,000 – $18,000 annually. In today’s dollars that range is about $74,550 – $116,600. Given Shorewood’s current wage rates those employees have lost 35 percent of the value of their wages. The situation from 1991 – 2016, the last 25 years, was slightly better. In 1991 a nonsupervisory Shorewood employee made $22,000. That same employee today makes $46,000 or 15 percent more in real dollars than he or she made in 1991. That increase is only 0.6 percent each year. That apparent gain on their part is compromised by two local facts. Since 1991 the appraised value of a modest home in Shorewood has tripled. For that same period the employee’s salary has doubled. Therefore, the employee lost 33 percent of their home buying power in Shorewood. In 1991 a year’s tuition at the University of Minnesota was $2,300. Today it is $12,200. Therefore, the same employee whether it be a man or a woman has lost 67 percent of their buying power for educational purposes either for themselves or for their children. Therefore, it is clear that wages have not maintained their value for Shorewood nonsupervisory employees. The claim that they do is as mistaken as was the claim made that the deal with Oppidan was the same thing as buying a bond. He asked that two items be entered in to the minutes for this meeting regarding two items from that July 14 Council meeting that occurred prior to the July 14 meeting that were not included in the July 14 meeting minutes. He explained the first is that 10 minutes before the July 14 public hearing representatives from Oppidan were still presenting information to Council about the mechanics of the proposal between Oppidan and the City. The second is three pages of printout detailing the mechanics and the particulars of that deal are dated July 14, 2016; the same day as the public hearing. Therefore, the inference is that no one, the citizens of Shorewood and the members of Council, had the proper time to study and reflect on that deal to ensure that it was the best interest of Shorewood. Mr. Greenfield thanked Council for its time. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Update by Doctor Claire Bleser, District Administrator for Riley Purgatory Bluff Creek Watershed District (RPBCWD) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 3 of 17 Mayor Zerby introduced Doctor Clair Bleser, District Administrator for the Riley Purgatory Bluff Watershed District (RPBCWD). Doctor Bleser noted that she has worked for the RPBCWD for four years. She also noted it is the first time she has come before the Shorewood Council. She explained the RPBCWD was founded in 1969 and created out of a citizen based petition. It is a local government unit. It is charged with implementing projects and programs that protect, restore and manage water resources located within the District. There are five people on the RPBCWD Board of Managers; four (Mary Bisek, Jill Crafton, Perry Forster, and Leslie Yetka,) were appointed by the Hennepin County Board of Commissioners and one (Richard Chadwick) by the Carver County Board of Commissioners. The RPBCWD has three employees with her being one of them. It also has a seasonal staff person that helps during field season. The water resources within the District total approximately 50 square miles in surface area. Portions of the Cities of Bloomington, Chanhassen, Deephaven, Eden Prairie, Minnetonka, and Shorewood are located in the District. There are also two streets in Chaska within the District. The first step in the process of managing water resources is to understand their current condition. Monitoring and data collection are the foundation for gaining that understanding. The District has about 11 lake monitoring sites; Silver Lake is one of them. There are 18 monitoring sites in total on all three creeks within the District. The branch of Purgatory Creek that comes out of Silver Lake is monitored as well. The data collection provides the information needed to determine whether or not the water body is healthy or unhealthy. The Minnesota Pollution Control Agency (MPCA) has established standards for determining if shallow lakes and deep lakes are healthy or not. The MPCA will define wetland standards next. It has definitions for what a shallow lake, a deep lake and a wetland are. The MPCA is currently assessing the entire lower Minnesota River area to determine if lakes are healthy or not based on its standards. The MPCA has not previously assessed Silver Lake based on its standards. As part of an initial meeting of RPBCWD and MPCA representatives a year and a half ago the RPBCWD asked the MPCA if it would classify Silver Lake as a wetland or shallow lake. The RPBCWD provided the MPCA with data it had collected for the various MPCA parameters. Based on the MPCA’s definitions for the three types of water bodies the MPCA thought Silver Lake fits more into its definition of a wetland; it does not quite fit into its definition for a shallow lake. That does not change the name of Silver Lake. The RPBCWD recently finished a palynological study of Silver Lake. The information stored in the bottom of the Lake was assessed to determine what has happened in the past. Information was pulled from back in the 1820s; it was from three meters down. It was determined that more sedimentation came into the Lake starting in the 1920s / 1940s. In 2000 it started to decrease; there is still some sediment going into the Lake. Based on one diatom species, a microscopic algae that stores quite well in the bottom of the lake, it was possible to determine past water quality. For the study the Science Museum of Minnesota studies how water quality changed over time. They determined that it was rich in nutrients in the past. There was a time when there was a decrease and then later an increase. That could have been during a time when there were heavy droughts in Minnesota. The Science Museum representatives encouraged the RPBCWD to interpret the results with caution due to the abundance of species that predict habitat better than nutrients. What can be determined from the recent data gathered is that the water quality used to be better. In the past it seems like there was less sediment going into the Lake and there were also fewer nutrients. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 4 of 17 The RPBCWD monitors the carp population in water bodies alternating which water bodies they monitor. Carp are bottom feeders. If they like where they are they reproduce a lot and take over. They stir up the bottoms of lakes and ultimately help degrade water quality in one sense. The good news is there are no carp in Silver Lake. Wild rice continues to grow on the south end of Silver Lake. There is a plant biologist working with the RPBCWD to help determine how healthy the rice plants are. The RPBCWD has revised all of the floodplain elevations for the three creeks in the District because a new atmospheric atlas had been published in 2014; Atlas 14. The 10-year average was higher than what the RPBCWD was using which was from the 1960s. The revisions were based on the last 30 years of actual data. Using the RPBCWD hydrologic and hydraulic (H&H) model the RPBCWD teamed up with cities within the District to estimate flood risk when there was ten inches of rain. Now people need to determine if there are projects that can be done to mitigate that risk. After gathering all of the data the next step is to identify solutions to problems. The RPBCWD conducts studies for each of the water resources in the District. There is a draft document for the Purgatory Creek Protection and Restoration Study. The RPBCWD’s current 10-year plan addresses what to do in order to have Silver Lake meet shallow lake standards. Quite a few projects were identified that would benefit the Silver Lake watershed. That is in draft form and was just presented to the Board the previous week. She had spoken with Shorewood’s city engineer about next steps and about coordinating efforts. She has also had a conversation with the Chanhassen representatives because the southern tip of Silver Lake is located in Chanhassen. The next step is to determine what can be done to improve the health of Silver Lake. The RPBCWD’s current 10-year plan (the one that came out in 2011) does not identify any implementation projects for the Silver Lake area. Efforts are underway to refresh the 10-year plan. There was a lot of public input process for the 10-year plan over the last eight months. More than 400 participants provided input through an online survey. Open houses were also held to solicit input from residents about their concerns. Residents were also asked how they would prioritize the various projects for the various water resources. RPBCWD staff took all of the input it received to develop a list of goals and plans for the District for the next 10- year plan. The RPBCWD has a cost share program. In 2015 it awarded $39,691.77 in grants. Projects kept an estimated 4.99 pounds of phosphorous and 22,235 pounds of sediment out of water bodies. The RPBCWD coordinates with the Minnehaha Creek Watershed District (MCWD), the Carver County Water Management Organization, the Nine Mile Creek Watershed District, and the Lower Minnesota River Watershed District. It also coordinates with cities that are located or partially located within the RPBCWD. The RPBCWD has a permitting program and it developed a set of rules for development and redevelopment. 2015 was the first full year of the program. It has estimated that the 2015 permitting program resulted in 27,000 pounds of total suspended solids (sediment) and 200 pounds of total phosphorous being kept out of water resources. Mayor Zerby asked Council if it had any questions for Doctor Bleser. Councilmember Sundberg stated in the fact sheets Doctor Bleser provided it states Silver Lake is classified as a shallow lake. Doctor Bleser explained when Silver Lake was included in the RPBCWD’s 2011 10-year plan it was assumed it would meet a shallow lake classification. When District CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 5 of 17 representatives entered into discussions with MPCA representatives the District did have questions about how the MPCA classified a shallow lake. The MPCA provided its parameters for that classification. The RPBCWD staff reviewed criteria as it related to Silver Lake and provided that information to the MPCA. The MPCA scientists reviewed the information and thought Silver Lake better fit the definition of a wetland. Sundberg asked what Silver Lake’s current classification is. Doctor Bleser clarified there is no classification by the MPCA. The RPBCWD’s current 10-year plan assumed a shallow lake classification. Sundberg then asked what percentage of the RPBCWD’s budget is directed to carp research and carp control. Doctor Bleser responded it is not as much as it used to be and noted that work is internal. It is run through its data collection program. She explained she thought the RPBCWD was relatively successful at controlling the carp population in the Riley Creek chain of lakes by using an aeriation system. The intent is to keep blue gills alive because they eat baby carp. There are quite a few problems around Purgatory Creek lakes at the south end of the District. District staff is trying to mitigate that with the use of a barrier. Once data is gathered representatives from other agencies are asked to participate in determining next steps. Sundberg went on to ask when the revisions will be made to the 10-year plan. Doctor Bleser stated the updated 10-year plan should be sent out for comments during spring of 2017. She reiterated District staff just completed the public input process. In response to a comment from Sundberg, Doctor Bleser reiterated there is a draft document for the Purgatory Creek Protection and Restoration Study. Sundberg asked how much the RPBCWD staff has worked with the Silver Lake Homeowners Association (HOA). Doctor Bleser noted the HOA is relatively new and that one member of the HOA is on the RPBCWD Citizens Advisory Committee. She stated the HOA was in the process of developing when RPBCWD representatives were meeting with MPCA representatives to discuss Silver Lake. HOA members have come to RPBCWD Board meetings and asked questions. They also asked for some data. Councilmember Woodruff stated from his perspective the MPCA seldom does anything without a reason. He thought the MPCA’s reason for reclassifying Silver Lake must be driven by something. Doctor Bleser clarified the MPCA is not reclassifying the Lake; it is looking at formally classifying it. The MPCA is specifically looking at the Lower Minnesota River Watershed. It is assessing the health of all of the creeks in that Watershed. She also clarified it is not about a classification; it is about which standards are appropriate for Silver Lake. She explained the MPCA developed the definition for a shallow lake and then after that it developed standards for determining the health of a shallow lake. Silver Lake does not fit the MPCA’s definition and standards for a shallow lake. Woodruff asked what change in behavior the MPCA and the RPBCWD will make with regard to Silver Lake if Silver Lake is classified as a wetland rather than a shallow lake. Does a wetland have less stringent clarity requirements than a lake? Doctor Bleser explained that by the MPCA classifying Silver Lake as a wetland the MPCA’s shallow lake standards would not apply to the Lake. After the MPCA develops water quality standards for wetlands those standards would apply to the Lake. Woodruff then asked how Shorewood, for example, could interact with the MPCA and the RPBCWD to understand what the impact would be on Silver Lake. Doctor Bleser asked if Councilmember Woodruff’s concern is that the RPBCWD does not care about Silver Lake. She noted that over the last few years RPBCWD staff has demonstrated that it wants to know about the health of Silver Lake and in determining solutions for the future. She also noted the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 6 of 17 RPBCWD‘s current 10-year plan does not include any improvement projects for Silver Lake. She thought the updated plan would. She went on to note that it is important to protect and/or restore any wetland. All water resources are important to protect. Councilmember Woodruff stated the sediment and phosphorous level graphs for Silver Lake indicated an increase in both over time. If Silver Lake is classified as a wetland he expressed concern that might result in agencies thinking those increases are not an issue and the increases can continue over time. He asked why an agency would fund projects to improve the quality of Silver Lake if the Lake meets the wetland water quality standards. Doctor Bleser stated if science indicates there are projects that could be done on a water body to help improve the quality she asked why agencies would not want to protect them. Woodruff then stated that based on his experience with the City organizations and agencies tend not to spend money improving things that already meet standards. Doctor Bleser stated if there is an unhealthy water body in a community she assumes a community and/or agency would want to improve the water quality. Woodruff noted that he assumes water quality wetland standards would be less rigorous and onerous than lake standards. Doctor Bleser noted no one knows that yet because the MPCA in the process of developing wetland standards. Doctor Bleser explained that Shorewood could provide science data that shows projects could be done to improve Silver Lake and then include funding for the projects in the Shorewood Capital Improvement Plan (CIP) or team up with the RPBCWD. She noted the MPCA does not fund capital improvement projects. Councilmember Woodruff stated the RPBCWD staff is less than 10 percent of size of the MCWD staff yet the two Districts cover roughly the same geographic area. He asked why there is such a difference in staff size and ultimately funding for programs. Doctor Bleser clarified the water resources surface area within the RPBCWD is about one-third the size of that in the MCWD. The RPBCWD has different issues than the MCWD. She noted she was not present to compare one watershed district to another. Doctor Bleser stated staff at the RPBCWD believes it is important to work in partnership with others. She has spoken with Shorewood’s city engineer. She noted that Shorewood representatives have partnered at looking beyond Atlas 14 regarding the impact to the community. She explained the RPBCWD is a very dynamic watershed district. It is implementing projects. It uses science to help find solutions. She stated she assumes that what people will find over the next 10 years will be different from what happened during the last five years. Doctor Bleser noted she thought it is important to protect water resources; she does not think it is good to be reactive. It costs more to be reactive and restore water resources than it does to protect them. With regard to Silver Lake and other wetlands in that area she stated she thought it prudent to review solutions that have been identified and determine what can be done to make sure Silver Lake is healthy. She then stated that based on science and all of the data gathered it is important to identify how to improve the quality of Silver Lake. Councilmember Sundberg stated she thought the reason Council has some concern about the wetland classification goes back to the history of the RPBCWD before Doctor Bleser joined the District staff. Before that the focus was mainly directed toward lakes. There was little focus on the wetlands. She noted she was pleased to hear Doctor Bleser indicate there would be more of a balance between wetlands and lakes. She expressed concern that Silver Lake has not received the attention that lake bodies do. She stated she was pleased to hear RPBCWD staff is working with representatives from the Silver Lake HOA CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 7 of 17 and that she hoped that would continue. She stated she thought it important for Shorewood staff to comment on the revised 10-year plan. Councilmember Labadie expressed concern that classifying Silver Lake as a wetland could result in their being less monitoring of it or in the water quality deteriorating because the standards used to measure the quality would be less stringent than those for a shallow lake. She asked Doctor Bleser to talk about the RPBCWD‘s cost-share grant program for things such as planting native buffers and installing rain gardens. She also asked her what the contact number is for residents to call and where information can be found on a website. She then asked staff to publish that information about cost-share grants in the next City newsletter. Doctor Bleser stated people can find information about the cost-share grants on the RPBCWD’s website www.rpbcwd.org. She noted the cost-share grant program for this year has closed. It will open again next year. Mayor Zerby noted that during matters from the floor one resident asked for the opportunity to comment after Doctor Bleser had spoken. He asked him to come forward. Brock Austin, 19690 Sweetwater Curve, stated he was present on behalf of the steering committee for the Silver Lake Homeowners Association (HOA). He explained the HOA was formed about one year ago by a number of residents concerned about the water quality of Silver Lake. They wanted to become active in trying to improve the quality of the Lake. He explained that when members of the HOA spoke with representatives of the MPCA in December 2015 the members were advised that the Lake was categorized as a shallow lake. At that time the MPCA had not assessed whether or not it was impaired. The MPCA has a list of impaired shallow lakes. It provides that information to the Environmental Protection Agency (EPA) and that allows people to apply for a grant for an impaired lake. The HOA had no doubt that once the assessment was done Silver Lake would be called impaired. The HOA is waiting for the results of the assessment. The MPCA standards for lakes are not regulatory; they are guidelines. Guidelines contain words like typically, generally and may or may not. Therefore, there is some subjectivity involved in determining whether or not a particular body of water falls into the shallow lake category or the wetland category. The U.S. Fish and Wildlife Service has a national wetland inventory map and on it Silver Lake is identified as a lake with pieces along the fringes of the Lake as wetland. The Minnesota Department of Natural Resources (DNR) has identified Silver Lake on its public waters inventory as a lake. It has a “p” next to it for public water. Other wetlands are identified as a “w”. He had spoken with a representative at the DNR earlier in the day and learned that the State has also classified Silver Lake as a “class 5 wetland”. By definition a “class 5 wetland” is a shallow lake. The representative at the DNR admitted there is some confusion about Silver Lake between various state agencies. When members of the Silver Lake HOA spoke with representatives from the MPCA the representatives advised the members that a lot of data they used to determine whether or not Silver Lake met its guidelines for a shallow lake or wetland came from the RPBCWD. The HOA members then decided they should be dealing with the RPBCWD; the MPCA agreed with that. People can then come back to the MPCA after the HOA and RPBCWD had met. After speaking with the MPCA the HOA sent a letter to Doctor Bleser asking her to setup a meeting and asking her to give the HOA any information about Silver Lake that they had given to the MPCA. He noted the Silver Lake HOA understands that Council is not making a decision about whether Silver Lake is a shallow lake or a wetland. He stated the HOA is asking Council to table any endorsement of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 8 of 17 whether or not Silver Lake is a shallow lake or wetland until Council has been presented with additional information. The HOA may ask for Council’s assistance at a later date with respect to information provided to the MPCA. The HOA thinks that some of the data that has been provided to the MPCA is inaccurate. He stated the Silver Lake HOA is concerned that Silver Lake would move down on the priority list if it is classified a wetland. The HOA is also concerned about whether Silver Lake would qualify for grants to improve or protect the Lake. If Silver Lake is not a shallow lake on the impaired list there will be grants that Silver Lake will not be eligible for. Mr. Austin thanked Council for its time. Mayor Zerby stated he thought Mr. Austin’s comments were well spoken. Karen Missen, 5780 Covington Road, noted her family has lived in their house for about 10 years. She stated over the last couple of years they have watched Silver Lake rapidly deteriorate. They used to be able to watch blogs get blown back and forth across the Lake. Now they cannot move because of all of the weeds and lily pads. She asked that be addressed to free up the area. Councilmember Woodruff stated Mr. Austin stated a couple of things that he personally thought were quite important because he does not understand it. He then stated he is unsure of what, if any, involvement the City personally has with the MPCA when it comes to classifying Silver Lake. He does not think the City has any at this time. He asked staff if there will be a review period when the City can participate or does the MPCA just make a ruling. Engineer Hornby noted that he cannot specifically speak to this case and offered to get back to Council on it. He stated there may be some projects that will be done that require public input and then the City can respond in some manner. Woodruff asked staff to find out from the MPCA if Council will have an opportunity to provide input. Councilmember Sundberg stated from her perspective Council can share its opinion with the MPCA. She thought it is in incumbent for Silver Lake HOA members and representatives for the RPBCWD to ensure the MPCA has been presented with all of the facts. Mayor Zerby asked staff to keep engaged with what is going on relative to Silver Lake and to keep active with the RPBCWD. He stated he does not think anyone wants to have the quality of Silver Lake degrade. Based on the charts Doctor Bleser presented it appears the quality has been improving; the sediment has been decreasing. Councilmember Labadie stated from her perspective Council’s encouragement should be to nudge the MPCA to define the water quality standards for wetlands. Councilmember Sundberg asked staff to provide Council with a quarterly update on Silver Lake. Engineer Hornby suggested having RPBCWD representatives come and provide Council with an update periodically. Councilmember Sundberg suggested that be done quarterly. Hornby stated he will work with Doctor Bleser to set up a schedule for updates. Councilmember Woodruff stated he was not sure that the City’s interests and the RPBCWD’s interests are aligned with regard to Silver Lake. He suggested staff contact the MPCA because if the MPCA is going to set up a wetland classification that could affect the other wetlands in Shorewood. He stated it is his understanding that the federal government has 10 different classifications for wetlands. Mayor Zerby stated there may be a need for outside help on this concern. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 9 of 17 Engineer Hornby stated he would ask one of the WSB & Associates environmental scientists to contact the MPCA to find out what it is doing regarding classification and standards for Silver Lake. He will report the findings back to Council. Council noted it would appreciate that. 7. PARKS A. Report on the August 23, 2016, Park Commission Meeting Director Nielsen reported on matters considered and actions taken during the August 23, 2016, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Labadie noted the Movie in the Park event occurred on September 9. The movie was Aladdin. 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Consideration of Drainage Concern at 21710 Lilac Lane Director Brown noted that Mayor Zerby asked staff to review a drainage concern at the property located at 21710 Lilac Lane. The concern was brought to Zerby’s attention by Larry Stokes, the owner of the subject property. He also noted the meeting packet contains a copy of a site location map, aerial photograph and topography maps. He explained the elevation of the house pad ranges 6 to 12 feet lower than the surface of Lilac Lane (a Shorewood Roadway). The boundary between the Cities of Shorewood and Chanhassen is very near the Lilac Lane pavement. A portion of Chanhassen drains to Lilac Lane. The driveway on the property is located at the low point of the roadway. The western half of the Lilac Lane does not have curb and gutter; the eastern section has surmountable curb and gutter. He noted that a long-time (about 40 years) Shorewood Public Works employee had told him that the City had to clear out a culvert where the original house was located many times. He explained when staff discussed the concern in a staff meeting they decided it would not be appropriate to take this issue on based on the request of just one member of Council. Therefore, staff is seeking direction from Council on how it wants staff to proceed. The City’s Capital Improvement Program (CIP) does not include any improvements to mitigate the problem. Staff contacted the Chanhassen City Engineer to find out if Chanhassen has any capital improvements planned for in that area. The sewer main on Lilac Lane is schedule to be lined within the next three years. That Engineer told him that the watermain along Lilac Lane and located in Chanhassen is cast iron and it should be replaced whenever Lilac Lane is reconstructed. Brown noted the most obvious solution would be to install concrete curb and gutter along that area of Lilac Lane and intercept it by storm sewer due to the size of the area that drains to that low point in the roadway. That improvement would not be inexpensive. He stated if Council believes the issue is a City issue Council should direct WSB & Associate representatives to prepare a mini feasibility report for Council. If Council believes it is the property owner’s responsibility staff would like to have Council clarify that. Larry Stokes, 21710 Lilac Lane, explained the amount of storm water that drains off of City property onto his property is quite substantial. After it rains water drains for 1 to 2 hours after the rain stops onto his property. In addition to the water gravel, sand and mud also flow onto his property. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 10 of 17 He stated the information Director Brown shared about the culvert being cleared out in the past was news to him. He explained that culvert is under the roadway and it is completely covered on both sides. He noticed the culvert when he was excavating dirt that has washed down the roadway to try and create a pathway to divert the water and materials down one section of his property. He expressed his appreciation for all of the time and attention given to his concern. He explained the drainage problem has eroded his driveway as well as portions of his yard and shed. He cannot replace anything until some solution for channeling the stormwater is put in place. Mr. Stokes noted he is willing to help, both financially and with labor, to address the concern. He thanked Council for its time. Councilmember Sundberg asked if most of the drainage problem came about after the residential development was built near that area in Chanhassen. Mr. Stokes stated he has lived in his house for 23 years. He noted a lot of the houses on the Chanhassen side had been there for quite some time. He explained over the last 23 years the City has come out to assess the situation. One time the City put a small asphalt berm at the end of his driveway. There is so much stormwater that it flows around the end of it. He reiterated a great deal of water, sand and dirt flows on to his property. Councilmember Labadie thanked Mr. Stokes for the approach he has taken with his concern. Mr. Stokes asked for help rather then begged for forgiveness. She noted that she went to look at the property earlier in the day. She stated it would have been easy for Mr. Stokes to divert the stormwater off of his property by digging a trench and installing some type of pipe and then have it drain onto his neighbor’s property. She noted that she does not think the problem is only Shorewood’s problem. The stormwater is flowing off of the development in Chanhassen just passed Lilac Lane. She stated she thought any improvements need to be done as a collaborative effort with the two Cities and the property owner. Labadie asked Engineer Hornby how much it would cost to prepare a mini feasibility report. Hornby stated he would have to scope the effort out in order to come up with a cost. Hornby then stated he thought Director Brown was talking about a letter feasibility report that would not be as detailed as a full feasibility report. Hornby noted that some stormwater modeling would have to be done for the area. Mayor Zerby asked Hornby if he could come back with a quote for that if Council asked for it. Hornby responded yes. Labadie stated Council needs to have the quote before it decides what the next step should be. Councilmember Woodruff asked if it is correct for him to think the culvert was serviced recently. Director Brown stated the culver could have been covered when Mr. Stokes’ home was rebuilt. The culvert is buried. Woodruff stated based on the topo map it looks like the properties in Chanhassen on one side of Lilac Lane drains on to that roadway. Director Brown stated a substantial portion of the drainage goes onto Lilac Lane. Mayor Zerby stated those houses look like they are elevated 8 feet. Woodruff asked if there are drainage easements on the property. Director Brown stated he does not think so and noted that implementing a solution would likely require acquisition of some drainage and utility easements. Councilmember Labadie stated there are a number of mature trees on Mr. Stokes’ property; their roots are visible. She noted she thought it would be a shame to lose those mature trees. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 11 of 17 Mayor Zerby stated he had met with Mr. Stokes about three weeks ago and toured his property. He noted he was pleased that Councilmember Labadie had gone to look at the site and he encouraged other members of Council to do so also. He stated he thought the City has some responsibility to work with the property owner on this issue. The stormwater flows from quite a large area onto the roadway and then mostly on to Mr. Stokes’ property. He noted that Mr. Stokes has indicated a willingness to work with the City and possibly even financially. He stated he had alerted representatives from the Minnehaha Creek Watershed District (MCWD) of this issue. They appeared to be willing to assess the issue and determine if mitigation of the issue would qualify for MCWD grant funding. Mr. Stokes reiterated that when there is a hard rain a tremendous amount of water flows on to his property. Engineer Hornby stated WSB will prepare a scope of services letter to do a mini feasibility report for Council’s considerations during its September 26 or October 10 meeting. 10. GENERAL/NEW BUSINESS A. Summit Avenue Parking Restrictions Director Nielsen explained that when the Summit Woods Development north of Murray Hill Road on Summit Avenue was approved the City stipulated to the developer that on-street parking of construction vehicles would not be allowed. Two houses have been built to date and there was not an issue with parking. While the third is being constructed the issue of subcontractors parking on the street has become more of a problem. The police department has offered to help with enforcement but officers cannot issue citations until the area is approved by Council as a no parking and posted as no parking. The City has received complaints about parked vehicles. Staff assessed the roadway from the border with the City of Chanhassen down to Murray Hill Road to determine where the no parking restriction should begin and end. With the roadway being narrow, steep and curvy up at the top staff concluded that there should not be any parking in that stretch. Staff had prepared a resolution that would place parking restrictions on both sides of the stretch of roadway between the Chanhassen boarder and Murray Hill Road. He noted that staff recommends Council adopt the resolution restricting parking. Councilmember Sundberg asked if residents in that area are receptive to the parking restriction for all vehicles in that area. Director Nielsen responded he was not sure. Director Nielsen reiterated the roadway is quite narrow in that area. He explained when the development was approved there had been discussion about various alternatives for improving the roadway; the residents were not receptive to them. Councilmember Sundberg asked if the parking restriction would be eliminated once construction was complete. Director Nielsen stated that if after construction is complete residents decide the restriction is an inconvenience they can petition the City to remove it. Councilmember Labadie stated the hairpin curve in the roadway is very dangerous. Labadie moved, Sundberg seconded, Adopting RESOLUTION NON 16-072, “A Resolution Restricting Parking on Summit Avenue.” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 12 of 17 B. Southshore Center Painting and Lighting Improvements Administrator Joynes explained that during the February 9, 2016, Council and staff retreat a list of maintenance improvements to the Southshore Center was discussed. A quote for interior was received from Superior Painting Contractors painting for an approximate cost of $5,705 and a quote for lighting improvements was received from Prehall Electric for an approximate cost of $7,942 (a copy of the quotes was included in the meeting packet). The chairs in the facility need to be replaced. Staff is searching for replacement chairs. Council will likely be asked to consider the replacement of the chairs before the end of the year. Joynes noted there has been a steady increase of about 6 percent per year in the use of the Center since January 2014. Mayor Zerby stated that a few months ago Council asked to be provided with the financial information for Center operations. Administrator Joynes stated staff will provide that information to Council and noted rental revenue has increased. Councilmember Sundberg asked if staff solicited bids for the work. Administrator Joynes clarified staff asked for quotes and noted the City has used the two contractors in the past. Sundberg then asked if Shorewood is solely responsible for paying the cost of those improvements. Administrator Joynes stated that unfortunately at this time it is. Councilmember Woodruff stated because there is not been a conclusion about the ownership of the Center he will vote against paying for the proposed improvements. He wants a ruling from the Court and discussion by Council about the ownership. Mayor Zerby noted the Court has ruled. Woodruff stated it is being appealed again. Zerby noted Council has not discussed that. Administrator Joynes confirmed that an appeal notice has been filed in order to reserve the City’s right to appeal. Councilmember Labadie asked what the deadline is for Council to vote to pursue the appeal. Attorney Keane responded September 19. Labadie noted that she will also vote not to fund the improvements at this time. Mayor Zerby noted there is not another Council meeting scheduled before September 19 to vote on that. Attorney Keane explained the papers to perfect the appeal have been filed. That is a placeholder petition and is quite customary. The City could withdraw the placeholder prior to September 19. Councilmember Sundberg stated it was her recollection Council had an executive session to talk about this. Mayor Zerby concurred. Sundberg stated there has not been any follow-up on the pros and cons of doing that. Sundberg noted she thought resolving the ownership issue is the highest priority. Attorney Keane stated Council can convene into executive session after this meeting. He noted the public has to be advised prior to the close of this meeting that Council will go into an executive session to discuss the ownership issue. There was Council consensus to continue the approval of the funding for Southshore Center improvements to a future Council meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 13 of 17 C. Country Club Road / Yellowstone Trail / Lake Linden Drive Discussion Engineer Hornby explained the Traffic Committee presented its final report to Council during Council’s July 11, 2016, meeting. The report identified potential solutions for addressing traffic concerns along the Country Road 19 / Country Club Road / Yellowstone Trail / Lake Linden Drive corridor. Mayor Zerby asked that staff put an item on the agenda to further discuss what the next steps are. He noted the meeting packet contains a copy of the Committee’s report. He highlighted some of the higher weighted suggestions in the Committee’s report. Smithtown Road at Country Club Road   Signaled intersection coordinated with CSAH 19  Widen the roadway from the Mattamy entrance to Country Club Road Country Club Road   Widen the roadway approaching Smithtown Road including the addition of a left turn and right turn lane  Add bike lanes with a 25 miles per hour (mph) speed limit Yellowstone Trail (Country Club Road to Lake Linden Drive)   Stop sign enhancements (e.g., blinker stop signs)  Improve sight lines (e.g., cut trees back)  Intersection improvements (e.g., at the Lake Linden Drive intersection add a street light, a pedestrian cross walk, and a children’s crossing sign) Yellowstone Trail (east of Lake Linden Drive)   Improve sight lines – trim trees and realign Yellowstone Trail at Seamans Drive to a more o 90 angle and add blinker stop signs  Stop signs – add all way blinker stop signs at the entrance to the Mattamy development Lake Linden Drive   Improve sight lines – trim trees and straighten curve south of Yellowstone Trail  Improve sight lines – fix grade changes north of the CUB development access for left turning vehicles Lake Linden Drive at CUB Entrance / Trunk Highway 7 / Trunk Highway 41   Access improvements – close CUB development exit from the east at the frontage road (Lake Linden Drive) while maintaining inbound movement  Roadway improvement – widen Lake Linden Drive eastbound to three approaching lanes (one right turn to westbound Highway 7, one through to Highway 41, and one left turn to eastbound Highway 7) and one exiting lane westbound beginning at the existing center CUB development access Miscellaneous   Technology improvements – remove the use of Country Club Road, Yellowstone Trail and Lake Linden Drive from Google Maps directions  Enforcement – improve/enhance enforcement of speed limits and traffic controls on area roadways  Traffic calming – add drive feedback speed control signs at selected locations on Yellowstone Trail and Lake Linden Drive Mayor Zerby noted that he asked that this item be placed on the agenda again because residents who served as members of the Traffic Committee have asked what Council intends to do with the information it provided. When the report was presented to Council in July two approaches were discussed. The first was for staff to prioritize the recommendations and to provide high level cost estimates and information CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 14 of 17 about the effectiveness of the modifications. The second approach was for Council to prioritize the suggestions. Councilmember Sundberg commended the Traffic Committee for excellent job it did. It took a complex issue and made it somewhat understandable. She stated the next step is for staff to provide cost estimates for the high priority recommendations (items rated 4 and higher), the feasibility of making the changes, and timelines for implementing them. If some of the lower rated recommendations are economical and easy changes that would achieve some benefit then maybe those should be considered also. Mayor Zerby stated he has spoken with Engineer Hornby about the need to be mindful of which solutions would work in other areas of the City. It is difficult to make improvements for one area and not for other areas without there being a policy for it. He noted that there are not any stop bars (the white painted lines at a stop sign) along the corridor route. The corners at the Country Club Road / Yellowstone Trail and Yellowstone Trail / Lake Linden Drive intersections are somewhat “rounded off”. There has been increased police traffic enforcement. Unfortunately, enforcement results in short-term changes in diving behaviors. He went on to state that Hornby had indicated that the tightening of the corner and stop sign enhancement at the intersection of Birch Bluff Road and Edgewood Road appears to have helped. He noted the corridor route is a Minnesota State Aid (MSA) route. Maybe that requires a little different standard (e.g., more visible stop signs). He stated he would like to have staff identify which suggested improvements would be applicable for other traffic “pain points” in the City. Councilmember Woodruff stated he agrees with Councilmember Sundberg’s suggestion to concentrate on those recommendations ranked 4 or higher. He suggested staff prepare a brief statement about the feasibility of implementing each recommendation and what the benefits of doing so would be. Councilmember Labadie suggested staff also estimate how long it would take to implement the recommendations. Councilmember Woodruff stated he thought that changing the intersection at Highway 7 and Highway 41 near CUB would be like pushing a boulder uphill. It may be worth having a discussion about it. Teresa Elsbernd, 5880 Minnetonka Drive, noted she was a member of the Traffic Committee and she was one of its elected spokespersons during Committee meetings. She explained the Committee’s impetus was to identify ways to improve the roadways in the corridor route. It also considered the increase in traffic that will be generated by the Minnetonka Country Club (MCC) residential development and the impact on the various intersections along the corridor that are already somewhat problematic. She noted the light at the intersection south of CUB at Highway 7 only allows about six cars to go though at any one time. It easily takes 3 – 5 minutes to get through that intersection. Ms. Elsbernd explained that one of the improvements the Committee discussed a lot was constructing a traffic circle or maybe two at the north end of Country Club Road where it intersects with Smithtown Road then on to Country Road 19. The goal was to keep most of the traffic on Country Road 19 and off the corridor route to get to Highway 7. She thought that idea received high support from the Committee members. She asked Council to keep that idea at the top of the list. Councilmember Woodruff stated there are three roundabout items on the list of recommendations for Smithtown Road at country Club Road. But, none of them scored very high. He then stated he would like the dual roundabout (Country Club Road and Country Road 19) to be considered. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 15 of 17 Ms. Elsbernd clarified that when the Committee did the ranking it did not call it a priority. It was intended to convey committee support for a recommendation and not priority. Priority would have implied the Committee thought it was the most important and that was not the case. Engineer Hornby stated using the word priority was not his best choice of words. The report titled the rankings as committee support. The recommendations he highlighted earlier had high or medium support from the Committee. There was Council consensus to have staff factor Council’s comments in and come back with a shorter list of items with a brief statement of the feasibility, estimated costs and estimated time effort to implement for each of them. 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 noted the schedule for the Smithtown Road east sidewalk extension was updated to show a construction substantially complete date of September 2 and a ribbon cutting ceremony date of September 12. He explained one pole needs to be removed before the contractor can finish the other sidewalk panels. Staff will prepare a punch list for the contractor to complete. Mayor Zerby stated that some of the punch list items he has noticed include putting traffic signs back up. He noted that some properties had small sidewalks coming out to the street before construction of the sidewalk and now there is a small gap between where their sidewalk and the City sidewalk is. He asked who has to restore that. Engineer Hornby explained if it was disturbed during construction it should be restored as part of the project. Zerby listed a few other items for the punch list. Hornby stated the contractor will likely come back and do some of those things after it completes the concrete work. Zerby thanked people for doing a good job on this project. 2. Country Club Road Traffic Counts Director Brown stated he had not been able to download the traffic count data from the counters along Country Club Road. He will try to have that data for the next Council meeting. Other Engineer Hornby stated street sealcoating was supposed to continue today. Director Brown stated it will resume tomorrow and explained that because of the rain the contractor had an opportunity to work in another part of the state. Hopefully the contractor will finish sealcoating on September 13. Hornby noted that someone crashed into the contractor’s seal coat spreader and that delayed two City projects. Hornby then stated that 2016 mill and overlay effort is mostly completed. The paving of the wear course for Star Lane and Star Circle will be done the week of September 19. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 16 of 17 Hornby went on to state there will be a public information meeting on September 15 from 6:00 – 7:00 P.M. at City Hall for the residents living along the route of the watermain extension project for the Shorewood Landing Senior Living project. Director Nielsen stated the construction of the artificial play field in Badger Park is progressing nicely. He noted the contractor for that project has been very good to work with. He stated the plan is to have a ribbon cutting ceremony toward the end of September. Mayor Zerby stated he had heard Director Brown indicate that the removal of the equipment in the Skate Park had been delayed. Brown indicated that was because of other priorities for Public Works personnel. Director DeJong stated that he has been working on wrapping up the implementation of accepting credit card payments for minor permits. He then stated he is working on certification stuff. He noted AT&T has renewed its lease agreement for another five years. He also noted that he will be out for the next two weeks because he is going to have knee replacement surgery. Administrator Joynes stated that he and Attorney Keane will meet with representatives from the City of Excelsior next week to plan out the schedule for The Waters of Excelsior project and the annexation of Shorewood land to Excelsior. Councilmember Labadie stated the Minnewashta Elementary School Back to School 5K run occurred on September 10. The entire race was run in Shorewood. She thanked members of the South Lake Minnetonka Police Department (SLMPD) for patrolling the race very well. They also had patrol cars at the School at the end of the race. Officers spoke to the children after the race and they let them sit in vehicles. It was a great police presence for the young children. She also thanked residents for cheering the young runners on. The race is a fundraiser and replaces the need for children to sell things like candy bars and gift wrapping paper. It is the School’s main fundraiser for the year. She then stated on the same day th there was an Excelsior Fire District (EFD) parade to celebrate the Fire Department’s 125 anniversary. It was amazing to see fire engines from places she had never heard of before. There were many volunteers there handing out an American flag to everyone who wanted one. She thanked the Department for putting on a wonderful event. Mayor Zerby stated on September 9 he and Councilmembers Labadie and Sundberg attended a ground breaking ceremony for the Oppidan Shorewood Landing Senior Living project at Highway 7 and Chaska th Road. He then stated he attended an EFD dinner to celebrate the 125 anniversary; Boardmembers, mayors and former mayors, and active and retired firefighters and their wives were invited. There was a lot of history about the Department presented. B. Mayor and City Council 1. City Administrator Search Mayor Zerby explained Council met in executive session on August 29, 2016, to discuss the results of the interviews with a subset of the applicants for the city administrator position. During the session Council directed Attorney Keane to present an offer and negotiate a contract with Council’s choice. Keane stated it was his understanding that vote for the recommended applicant would be taken by Council during this meeting. Councilmember Woodruff asked if the recommended applicant should be named in the motion. Attorney Keane responded yes. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2016 Page 17 of 17 Woodruff moved, Zerby seconded, directing Attorney Keane (and City Administrator Joynes if necessary) to enter into a negotiation with and prepare an offer for the city administrator position for Greg Lerud. Councilmember Sundberg suggested that the motion be amended to include Mr. Lerud would have to relocate to within a certain distance from Shorewood within one year of starting his employment with the City. Without objection from the maker or the seconder, the motion was amended to include subject to Mr. Lerud moving closer to the City within one year of the start of his employment. Mayor Zerby stated he thought a few good candidates applied for the position. Motion passed 4/0. Mayor Zerby noted Council will go into an executive session to discuss the ownership of the Southshore Center after this meeting. Mayor Zerby recessed the Regular City Council meeting to a City Council executive session at 9:04 P.M. Mayor Zerby called the executive session to order at 9:06 P.M. Mayor Zerby; Councilmembers Labadie, Sundberg, and Woodruff, Attorney Kean; and, City Attorney and Administrator Joynes were present. The City Councilmembers, the City Administrator, Attorney Keane discussed the Southshore Center ownership issue. The Executive Session was concluded at 9:14 P.M. The City Council reconvened in regular session at 9:15 P.M. Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of September 12, 2016, at 9:15 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder r � EV, 20Vril�/s r c t Zerby, ayo