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12-11-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 11, 2017 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 7:05 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Associate Attorney Reppe; City Administrator Lerud; City Clerk Thone; Interim Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of November 27, 2017 B. Approval of the Verified Claims List C. 2018 Non -union Wage Recommendation D. Adopting RESOLUTION NO. 17- 108, "A Resolution Setting the 2018 Open Book Meeting" for April 30, 2018 from 5:00 P.M. to 7:00 P.M. E. Adopting RESOLUTION NO. 17 -109, "A Resolution Accepting Donations to the City of Shorewood 2018 Arctic Fever Event." F. Authorize Expenditure: Dehumidification System SE Area Well G. Adopting RESOLUTION NO. 17 -110, "A Resolution Adopting the City Standard Specifications and Detail Plates for Street and Utility Construction, Dated 2018." H. City Council Truth -In- Taxation Minutes of December 4, 2017 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 2 of 10 Councilmember Labadie noted that Wakefield Investments, LLC made a $50 donation and Kelly Bosworth D.D.S., Inc., made a $75 donation to the 2018 Arctic Fever event. The City greatly appreciates the donations. She stated she thought this year's Arctic Fever will be a great event. Motion passed 510. 3. MATTERS FROM THE FLOOR Whitley Mott, 24890 Yellowstone Trail, noted his property abuts the Minnetonka Country Club (MCC) development site. He stated he was present to speak about drainage issues related to the MCC site. He explained he had brought the issues to the attention of the Planning Commission starting on August 4, 2015. During that meeting there was discussion about the drainage plan for the site and how it may affect his property (as detailed in the minutes of the August 4, 2015 meeting). He followed up on the issue during the Commission's January 5, 2016, meeting when there was discussion about the landscaping plan and additional drainage issues. Drainage is a great concern to him because there have been a large number of 10 -year rain events within the last three years. There has been water on his property that has flowed from the MCC drainage system on July 13, August 20, and November 18 of 2015. It happened again on August 11, 2016. And it happened again on February 22, April 9, May 1, August 16, and October 3 of 2017. He does not consider that to be a tenable situation. He noted that he found Engineer Fauske to be wonderful to work with and before Fauske he had worked with former City Engineer Hornby. He explained he had discussed the situation with representatives from Mattamy Homes (the developer). On a number of occasions he went out with the engineers representing Mattamy. What was basically conveyed to him is that the plan Mattamy had designed for the site had been approved. He takes that to mean "tough bounce" when it comes to the drainage issues. He noted that Mattamy representatives will not return his phone calls now when there are those water occurrences. He stated he had contacted Director Brown on a number of occasions. The last time lie made calls into the City Departments was in August. There continues to be the issue of water draining on to his property. He then explained that based on what he sees the drainage pattern on the MCC site is different than what it was like before the site was redeveloped. The drainage pipes that were installed get inundated with water that flows down from different areas on the site. The pipes get filled up to capacity. There used to be a very deep retention pond on the east part of the site when the Country Club was operating. Now there is a very shallow retention pond. There is only about four inches of freeboard between the top of the retention pond and the corner of his property. The pipe gets filled up and it cannot handle all of the water. He expressed concern that the issue will be exacerbated when more hardcover is put in; currently less than half of the proposed hardcover has not been put on to the MCC site. He reiterated that he brought his concerns about potential drainage issues to the attention of the Planning Commission early on in the project process. He needs there to be a solution that does not impact his property. He stated that a number of City people have been over to the property and witnessed what happens. He complimented Engineer Fauske on her efforts to date and noted he understands that it is not within Fauske's power to change what has already been done. He stated there are old drain tiles on the site and they may have been damaged when heavy equipment was driven over them. The new pipe is much shorter than the pipe that was there when the Country Club CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2417 Page 3 of 14 was operating. He reiterated the retention pond had been moved and that is allowing water to flow onto his property. He then stated he had met with the previous planning director, the previous city engineer and developer engineers about the issue as well as with Engineer Fauske. He has taken copious notes of the discussions. He has also taken pictures of all of the flooding situations that have affected his property. He asked Council to have someone research why he is having the issue of water draining on to his property and how that can be mitigated. Mr. Mott asked Mayor Zerby what the next step is. Mayor Zerby stated Council will ask Engineer Fauske questions and provide staff with direction. Councihnember Siakel asked Mr. Mott if the water issue has affected his home. Mr. Mott stated that to date it has not impacted his home. Mr. Mott noted that last year when the pipes were being drilled through he hired an engineer to document what happened. (Engineer Fauske was provided copies of that documentation.) The contractor had done some things they were not supposed to have done and the contractor made alterations the very next day to get it back to the plan. That created a situation where lots of water was stagnant on his property. Trees had fallen down in the woods on his property. It cost him a lot of money to have that cleaned up and to hire the engineer. Mr. Mott asked when he can expect to receive a response back from the City. Engineer Fauske stated she had met with Mr. Mott a number of times. She has found Mr. Mott to be very patient while she researched things and tried to come up to speed on the drainage analysis that was done for the MCC development. She explained she had a member of the water resources team review the drainage model. That individual did not find any omissions at that time. During the most recent meeting with Mr. Mott and his wife there were a few items discussed that she thought warranted looking in to. Aerial photographs of the MCC site taken before it was redeveloped indicated that the site was heavily drain tiled. Drain tiles that have been in place for a number of years tend to collapse when heavy equipment is driven over them. She thought that should be looked into. She also thought it prudent to find out if the downstream pipes have any blockage. There are a few other things that Mr. Mott mentioned that should be reviewed to determine if what is happening with drainage is what the design intended it to do. She noted that she will follow up with a water resource professional if that is Council's desire. In response to a question from Mayor Zerby, Engineer Fauske stated a subdivision ordinance typically only references surface water management. Engineer Fauske stated the location of drain tiles is typically not documented. The old photos she has looked show some indication of where they may have been. She thought it would be helpful to have someone who is more skilled at assessing old photos do that. She also thought the City's legal counsel could provide an opinion on what, if any, legal options the City has. Councilmember Siakel stated she thought it important to first diagnose what the problem is. Engineer Fauske concurred. Engineer Fauske stated she will ask more tenured City staff to provide her with background regarding historical flooding on the MCC site. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 4 of 10 Mayor Zerby asked Engineer Fauske what her projected timeline is for providing Council with an update. Fauske stated would provide Council with an update and projected timeline during its January 8, 2018, meeting. Councilmember Labadie stated that from her vantage point this should be flagged as a higher priority work item because this is not the first time Mr. Mott has come before Council about this. She noted she looks forward to Council receiving an update during its January 8 meeting. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Employee Recognition: Years of Service Awards On behalf of Council and the residents of Shorewood, Mayor Zerby thanked Park and Recreation Coordinator Twila Grout for her 20 years of dedicated service with the City and he presented her with an engraved crystal clock and a cash award. On behalf of Council and the residents of Shorewood, Mayor Zerby thanked Public Works Light Equipment Operator Joe Lugowski for his 30 years of dedicated service with the City and he presented him with an engraved crystal clock and a cash award. There was a round of applause for both of the employees. B. Deborah Zorn — City Representative on the Lake Minnetonka Conservation District Mayor Zerby noted this will be rescheduled to a future Council meeting because Ms. Zorn was not able to attend the meeting due to illness. Administrator Lerud noted she will be rescheduled to a Council meeting in January or February of 2018. C. Year -end Report from the Metropolitan Mosquito Control District Mayor Zerby noted the meeting packet contained a copy of a year -end report from the Metropolitan Mosquito Control District (MMCD) for work done in Shorewood during the 2017 mosquito control season. He expressed his appreciation for Council being provided with the report and noted he thought the MMCD did good work. D. 2017 Year -end Deer Management Program Report Administrator Lerud noted the meeting packet contained a copy of report from Gary Anderson from Metro Bowhunters Resource Base (MBRB) for the 2017 Deer Management Program and a map showing harvest site locations and how many were harvested at each location. The City received more requests from property owners this year than in the past to have their properties harvested. Thirty two deer in total were harvested over the 12 and one half days of the Program. Councilmember Johnson stated Mr. Anderson's report states that three hunters were put on probation per MBRB's shot proficiency policy and two hunters were removed from the hunt because of MBRB rule violations. He asked Administrator Lerud to comment on that. Lerud noted MBRB has very stringent shot regulations. He stated he had one hunter removed from the hunt because that individual took a shot they CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 . Page 5 of 10 never should have taken. He explained that MBRB requires hunters to report every shot that they take and they have to recover any deer they shoot before they can hunt again. Johnson noted the report indicates that five of the deer hit were not recovered. Mayor Zerby stated the City takes the Program very seriously. 6. PARKS 7. PLANNING 8. ENGINEERINGIPUBLIC WORKS A. Accept Professional Services Agreement AE2S: Boulder Bridge Well Controls Director Brown explained that staff solicited proposals from three firms to provide electrical and computer design services for the replacement of the Motor Control Center (MCC) for the Boulder Bridge Well. There are 480 volts of electricity that come in to the MCC which distributes that power when the Superior Control and Data Acquisition (SCADA) System tells the pumps to run. The MCC was installed when the wells were constructed in 1981. Parts for the MCC are now obsolete so it needs to be replaced in total. He stated that in the past controls were not given a lot of consideration until after a well structure was constructed and he referenced and analogy he made in an email response to Councilmember Johnson about this project. Staff received just one proposal. It was from Advanced Engineering and Environmental Services (AE2S). Staff believes the proposal is fair. The proposal includes the cost for four phases — design for $22,240; bidding and administration for $2,200; administering construction for $8,900: and, startup and programming for $9,840. The total cost is $43,180. He stated staff anticipates the total project will cost approximately $200,000. That amount has been scheduled in the Capital Improvement Program (CIP). If the project moves forward it would be funded out of the Water Fund. Brown noted staff recommends Council accept the proposal from AE2S. hl response to a question from Mayor Zerby, Director Brown explained the Boulder Bridge Well has two wells. One is a vertical turbine well; it is located inside. The second is a submersible well; it is located outside across the common property. The submersible well is larger in size but very similar to what people have for their private wells. He noted that he and Zerby had spoken a while ago about the submersible well which was having problems; it has since been replaced. Zerby asked if both wells are operating now. Brown confirmed that. In response to another question from Zerby, Brown explained the City has two main systems (the east system and the west system). They each have three wells. He noted he would be hesitant to remove one of the wells. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 17 -111, "A Resolution Accepting the Proposal for Professional Design Services with AE2S for the Boulder Bridge Well Motor Control Project, City Project No. 18 -01." Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 6 of 10 B. Accept Bids and Award Contract for 2017 Inflow and Infiltration Project Engineer Fauske explained that during its November 11, 2017, meeting Council approved the plans and specifications and authorized the advertisement for bids for the 2017 Inflow and Infiltration (I & 1) Abatement Project. The bids were opened on December 5. The Project is a joint project with the City of Tonka Bay with Tonka Bay taking the lead. The Engineer's estimate for Shorewood's portion was $66,200. The lowest responsible bidder was Visu -Sewer for a bid amount of $51,643 for Shorewood's portion. That was approximately 22 percent below the Engineer's estimate. The project includes the interior lining of some sanitary sewer pipe to prevent infiltration into the pipe and ultimately keep from treating clear water in the sanitary sewer system. Fauske noted that staff recommends Council accept the bids and award the contract to Visu- Sewer. Staff will work with the contractor to develop a schedule for performing the work. Siakel moved, Zerby seconded, Adopting RESOLUTION NO. 17 -112, "A Resolution Accepting Bids and Awarding Contact for the 2017 Inflow and Infiltration Abatement Project, City Project No. 17 -16, to Visu -Sewer for an amount of $51,643 for Shorewood's share." Motion passed 510. 9. GENERAL/NEW BUSINESS A. Bunker Indoor Golf New Wine /Strong Beer Liquor License Clerk Thone explained the City received an application from Edward Boeve /Bunker Indoor Golf for a new wine /strong beer and special Sunday sales liquor license. Bunker Indoor Golf is located at 23720 State Highway 7 which is in the Shorewood Shopping Center (where CUB Foods is located). The applicant has successfully passed a background investigation performed by the South Lake Minnetonka Police Department. The applicant has submitted the required documentation and met insurance liability requirements. The applicant has also submitted the city licensing fees. The applicant has met the preliminary State of Minnesota, Department of Public Safety, Alcohol and Gambling Enforcement requirements. Once the City approves the license the State will then perform a premises inspection. She thought Mr. Boeve hoped to open the indoor golf business by January 1, 2018. She noted that Mr. Boeve was present. Mr. Boeve explained the facility will have 12 indoor golf simulators. He had previously operated this indoor golf business in the City of Minnetonka for 20 years. When Minnetonka built a frontage road near the business a lot of parking the business had been using was lost. When the lease was up at that location a decision was made to relocate the business in order to create an opportunity to grow the business. Most of the business' clients live in the area in and around Shorewood. Many had been former members of the Minnetonka Country Club. The new facility in Shorewood will have plenty of parking. He noted lie was excited to have the business located in Shorewood. Mayor Zerby asked Mr. Boeve if the business will operate out of the former furniture consignment space. Mr. Boeve confirmed that. Councilmember Sundberg asked Mr. Boeve if he thought the parking at the Shorewood Shopping Center would be adequate. Mr. Boeve stated he did. Sundberg then asked if the business would serve food. Mr. Boeve stated there would be what he termed a glorified snack bar. Sundberg stated she assumed that the people who would go there would do so primarily for golf. Mr. Boeve confirmed that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 7 of 10 Mr. Boeve stated in the old location there had been 12.5 feet wide simulators. In the new location there will be 17 feet wide simulators. Mr. Boeve stated that he is going to rebrand the name of the business a little to BIGs mainly because Bunker Hills in Coon Rapids has indoor golf now and that creates some confusion. Councilmember Siakel asked when the business will reopen in the new location. Mr. Boeve stated as soon as possible. Mr. Boeve stated the startup process had taken quite a bit longer than he had anticipated. He noted that indoor golf is only busy during the winter months. Councilmember Labadie stated when the business operated out of the Minnetonka location she asked if it had on -sale liquor sales. Mr. Boeve stated it had a 3.2 beer license. Labadie asked what percentage of the revenues came from beer sales. Mr. Boeve stated a little under 40 percent compared to food and beverage. Mr. Boeve noted that the only liquor sold is to people who are playing; he had no intention of trying to be a bar. Labadie then asked if there was every an incident at the old location which required police presence. Mr. Boeve responded no. Councilmember Johnson commented that he was glad to have golf coming back to Shorewood. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 17- 1131 "A Resolution Approving Bunker Indoor Golf Wine /Strong Beer and Special Sunday Sales Liquor License." Motion passed 5/0. B. Adopting the 2018 Budget /Levy Administrator Lerud explained that during the Truth -in- Taxation hearing on December 4, 2017, Council was asked to consider approval of the certified preliminary levy dollar amount of $5,388,236 which reflected an increase of 4.0 percent over 2017. That preliminary levy was $56,991 higher than what was originally proposed by staff (staff's proposed levy reflected a 2.9 increase over 2017). Council decided to lower the preliminary levy amount by $18,991 and to use the remaining $38,000 of the $56,991 for improvements to the Southshore Center. The resolution Council was being asked to adopt would approve a revised levy amount of $5,369,245 (a 3.6 percent increase over 2017). He noted those were the only changes made to what Council discussed during the hearing. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17 -114 "A Resolution Adopting the 2018 General Fund Operating Budget of $6,233,632 and Approving the Property Tax Levy in the Amount of $5,369.245 Collectible in 2018" as presented. Motion passed 510. C. Adopting 2018 CIP, Enterprise Funds and Southshore Center Budgets Administrator Lerud stated the only change to the documents since the December 4, 2017, Truth -in- Taxation hearing was to the Southshore Center Budget. It reflects a transfer in from the General Fund of the $38,000. Siakel moved, Johnson seconded Adopting RESOLUTION NO. 17 -115, "A Resolution Adopting the 2018 — 2024 Capital Improvement Plan, 2018 Southshore Center Budget, 2018 Capital Project Fund Budgets, and 2018 Enterprise Fund Budgets" as presented. Motion passed 510. t . L •�•. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 8 of 10 A. Administrator and Staff 1. Setting Council and Staff Retreat Date Administrator Lerud asked Council to send him the dates through about early - February when they would be able to attend a Council and staff retreat. Other Director Brown stated that staff is waiting for lab tests to come back on the water quality issues. He then stated that he had received the data for the Mill Street speed study on December 8 from the South Lake Minnetonka Police Department (SLMPD) Chief of Police. He intended to present that information to Council during its January 8 meeting. He will let the interested residents know. Councilmember Johnson stated that on the SeeClickFix system he saw that a resident reported off -color water on the east side of town. It was his understanding the Director Brown was going out there the following morning. Director Brown explained the brown tinge is due to iron in the water. Anytime water has a chance to sit and react to the air in the top of the pipe it precipitates out the iron and discolors the water. That can also happen when people have gone away for quite some time and the water in the water heater goes unused. Another cause can be dirty water filters on a water system. Staff may flush that line out with what he called a slow flush. Mayor Zerby stated there were two reports in that same neighborhood so it is likely not just one person's home issue. Mayor Zerby stated in a previous meeting he had asked staff if the "dirt" road on the Minnetonka Country Club (MCC) would be safe for driving on during the winter and if not would there be signs informing people of that. Engineer Fauske stated following the meeting when that question was asked she contacted the on -site inspector who indicated they were going to put up safety signs. She noted she will follow -up on that; she thought the signs had been put up. Zerby then stated he had spoken with Director Darling about an email the City received from an individual complaining about headaches they were getting because of the blinking stops signs at the Country Club Road and Lake Linden Drive intersections with Yellowstone Trail. He stated his advice to staff was to tell that individual to use an alternate route to avoid the stops signs. He noted that everything the City did at those intersections was to make them safer. Councilmember Johnson asked if the City received a response back from that individual. Clerk Thone stated she had spoken with that individual and told her staff would look into it. She then passed along Zerby's comments. She explained some people have certain conditions that make blinking lights troublesome. She noted that is the only complaint she had received. Johnson asked if the rate of the blink is adjustable. Director Brown stated that neither the rate nor intensity is adjustable. Brown then stated if a person is susceptible to those types of triggers he questioned if they need some type of medical exemption to be driving. That use of flashing / blinking lights is becoming more prevalent. Administrator Lerud stated the electric franchise agreement was sent to Xcel Energy over one week ago. He then stated the City is waiting to hear back from the City of Chanhassen about Cathcart Park. He presumed that would be on the January 8 Council meeting agenda. B. Mayor and City Council Councilmember Johnson stated there had been an attempted break in into a house along Strawberry Lane the previous weekend. The family was not home at the time but drove up as the people were leaving. The CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 9 of 10 SLMPD followed up and sent the description out of the vehicle. The individuals in the vehicle were arrested on Highway 7. He suggested the City put general tips about how to make a house less of a target for burglary out on the City's website. Administrator Lerud stated lie asked SLMPD Chief Meehan for some of those tips and they will be put on the website. Councilmember Labadie reminded people that the City was collecting toys through December 12 that would be donated to children and families in needs. She encouraged people to bring unwrapped toys to City Hall. She stated volunteers are needed to help out with the upcoming weekend long Arctic Fever event. She hoped there would be enough snow this year to have the snow sculpture activity. She encouraged people to participate in event activities. Council Labadie stated that Administrator Lerud had attempted to contact Minnesota Representative City Pugh again; he again received no response back. She noted that she was going to bring this up at every Council meeting until the City receives a response back. Labadie explained that Representative Pugh attended the September 25, 2017, Council work session. During that work session Council raised several issues including but not limited to: 1) aquatic invasive species (AIS) — specifically Eurasian watermilfoil, curl leaf pondweed and zebra mussels; 2) the lack of stoplights from the intersection of Smithtown Road /Rolling Acres and Highway 7 to the intersection of Highway 7 and Highway 41; and, 3) pan handling and begging done by people who stand in the County /State Highway right -of -way (ROW) near the intersection of Highway 7 and Highway 41. The City and the SLMPD have been told that they cannot do anything about the pan handlers because they stand in the State median /ROW. During the work session Representative Pugh told Council that this was a good time of the year to address those issues because the Legislature was not in session and that she would be happy to look into those issues. Since that work session Administrator Lerud has sent several letters and invitations to come and meet with Council to Representative Pugh. The City has heard nothing back from Representative Pugh via email or mail. Nor, has she attended any more meetings with Council. The issues were brought up by Council on behalf of citizens who brought them forward. Labadie noted the City needs to rely on Representative Pugh to bring the City's concerns forward to the State Legislature. Therefore, the City needs to continue to pursue Representative Pugh until there is a response from her. Councilmember Sundberg suggested someone call Representative Pugh's office about this. Councilmember Sundberg noted she had attended the recent League of Minnesota Cities (LMC) and Metro Cities meeting held on November 29, 2017. She highlighted three things she found very interesting. Currently one in nine people are over 65 years of age; by 2040 one in three will be over 65. There is a work force shortage. There are a lot of people who believe that autonomous cars will be a big issue for government to deal with. Mayor Zerby stated SLMPD Chief Meehan had told him that driverless cars will change policing substantially. For example, they will eliminate DWIs for the most part. That will be about 20 years into the future. Councilmember Johnson stated that may come sooner than 20 years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 11, 2017 Page 10 of 10 Councilmember Labadie asked when the City's ice rinks will be flooded and ready to use. Director Brown noted that Public Works had started flooding rinks. There had not been a long enough cold spell to move that process along. Director Brown stated that the rink at Freeman Park has been constructed and the lights had been installed. He anticipated delivery of concrete median barriers within the next few days. Some barriers will be placed out for safety reasons. Mayor Zerby noted there is also a new or gently used coat collection going on at City Hall for Resource West. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of December 11, 2017, at 8:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Sandie Thone, City Cleric