07-09-18 CC Reg Mtg MinutesCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 9, 2018
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 Johnson, Siakel, and Sundberg; City Attorney Keane; City
Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public
Works Brown; and City Engineer Fauske
Absent: Councilmember Labadie.
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda, as presented. Motion passed 4/0.
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Public Works Director Brown noted that item 2D, should have Resolution No. 18-070 attached to it.
Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein, with the addition of the Resolution 18-070 for item 2D.
A. City Council Work Session Meeting Minutes of June 25, 2018
B. City Council Regular Meeting Minutes of June 25, 2018
C. Approval of the Verified Claims List
D. Approve Professional Services Agreement for Construction Observation: Mann
Lane/Riviera Lane/Shorewood Lane Reconstruction, City Project 18-01, Resolution
No. 18-070
E. Accept 10' Wide Side Yard Drainage and Utility Easement at 6180 Riviera Lane, City
Project 18-01, Resolution No. 18-069
F. Appoint Assistant Weed Inspector
G. Approve Contribution for AIS Control Efforts on Christmas Lake
H. Authorize Purchase, Public Works Equipment, Grapple and Plow for Skid Steer
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
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Motion passed 4/0.
3. MATTERS FROM THE FLOOR — NONE
4. PUBLIC HEARING - NONE
5. REPORTS AND PRESENTATIONS - NONE
6. PARKS
A. Report by Commissioner Ashmore on 06 -26 -18 Park Tours
Mayor Zerby stated that Commissioner Ashmore was not present.
Planning Director Darling gave the Council an overview of the last Parks Commission meeting which was
the first part of their Summer Park Tour where they looked over the facilities at Freeman, Cathcart, Gideon
Glen and Badger Park. She noted that they will also be doing a Winter Park Tour later in the year.
Councilmember Johnson asked if the Park Tour had included any discussion about the sound that the
lacrosse field is creating.
Planning Director Darling stated that it was mentioned and noted that the City is working with an acoustic
professional at WSB to study the extent of the noise issue.
B. Playground Surface for Badger Park
Planning Director Darling reviewed the past discussions regarding the surface material for Badger Park.
She noted that she had researched artificial turf and noted that Schaper Park in Golden Valley has used it
but it is already showing wear marks and the park is not even one year old. She noted that she no longer
suggests using this type of material for Badger Park. She stated that poured in place rubber seems to be
holding up really well where it has been used. She reviewed the cost difference between poured in place
rubber and wood chips. She stated that the Parks Commission is recommending using wood chips for the
playground surface and using the additional funds that the City planned to use for this project towards
replacing the equipment at the Freeman Park playground.
Councilmember Siakel stated that because there has been so much done to Badger Park to make it right and
the City just received a very large grant thanks to the efforts of City staff, she feels that the City should go
with poured in place rubber. She would ask staff to look into alternate ways to fund the equipment at
Freeman Park.
Mayor Zerby stated that he agreed with Councilmember Siakel.
Councilmember Sundberg stated that she supports poured in place rubber.
Councilmember Johnson stated that his only concern is that it will need to be replaced in 15 to 20 years.
Councilmember Siakel stated that Planning Director Darling had mentioned that the poured in place rubber
at Manor Park is not showing any deterioration after ll years. She stated that she respected the Park
Commissions opinion and reiterated her request to have staff take a look at other ways to fund new
equipment in Freeman Park.
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July 9, 2018
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Siakel moved, Johnson seconded, to Approve Poured in Place Rubber for the Badger Park
Playground Surface. Motion passed 4/0.
7. PLANNING - NONE
8. ENGINEERING/PUBLIC WORKS
A. Speed Sampling and Sign Request on Smithtown Road near Minnewashta
Elementary School
Planning Director Brown reviewed the request for the area near Minnewashta Elementary School. He noted
that Smithtown Road is posted at 30 mph and also has a speed zone area where it is posted at 20 mph. He
stated that the original request was for additional signage at the crosswalk because there was a "near miss"
reported with a vehicle that involved the crossing guard and a student. He noted that the City had received
correspondence from the Principal Andress asking about speed or traffic calming effects that could be put
into place in this location. He stated that with the assistance of the South Lake Minnetonka Police
Department, the City conducted a speed sampling between May 25, 2018 and May 30,2018, while school
was still in session. He reviewed the speed decision matrix and noted that a low -cost improvement is
warranted in this area, which included things like additional signage. He stated that signs would cost $400
and are recommending one sign per crosswalk for a total cost of $800.
Councilmember Johnson stated that he finds it interesting that Principal Andress is concerned with the
crosswalk on Smithtown Road, but the school district has said that there are no issues on Strawberry Lane
and are not willing to discuss helping out with a sidewalk in that location.
Johnson moved, Siakel seconded, Authorizing the Purchase and Placement of Additional Signage for
Smithtown Road, as outlined in the staff report. Motion passed 4/0.
B. Speed Sampling and Sign Request on County Road 19 between Minnetonka
Boulevard and Trunk Highway 7
Public Works Director Brown noted that this situation is a little more complicated than the previous item.
He stated that Catherine Dougher of 23890 Elder Turn, Shorewood, addressed correspondence to both
Shorewood and the City of Excelsior. He explained that her basic complaint is that as she travels County
Road 19 at the speed limit, she has numerous vehicles tailgating her and has requested a speed awareness
display for that reason. He stated that with the assistance of the South Lake Minnetonka Police Department,
the City conducted a speed sampling between June 1, 2018 and June 10, 2018 for the portion of the road
that is within the City limits. He stated that this road is posted at 35 mph, so it does not quite fit the speed
decision matrix but noted that staff extrapolated the percentages within the matrix and used them to evaluate
this situation. He stated that using these percentages resulted in low cost traffic calming measures being
warranted. He stated that this is a little more sensitive because it is a County roadway and it crosses the
border between the City and Excelsior. He stated that staff has also wrestled with the fact that the complaint
was based on a perception of being tailgated and a speed awareness sign does not necessarily address that
issue, which is a different behavior than speeding. He noted that he has shared the results of the speed
sampling with the City of Excelsior.
Mayor Zerby stated that he travels this road frequently. He noted that one of the problems he sees is that
when people are stopped to make a left turn, the other cars starting using the shoulder or bicycle lane to
pass which is both illegal and dangerous. He stated that he would personally like to see signage to remind
drivers that passing on the shoulder is illegal.
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July 9, 2018
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Public Works Director Brown noted that the South Lake Minnetonka Police Department had recently
conducted a sting operation for that maneuver. Councilmember Sundberg asked if the police department
was also watching for tailgating. Public Works Director Brown stated that he was not sure.
Mayor Zerby stated that he agreed that he did not think this location was a good candidate for the speed
awareness sign, but, likes the idea of a "No Passing on the Shoulder" sign which may also help slow people
down a bit because they will need to stop behind the turning vehicles instead of driving around them.
Councilmember Johnson asked if there was any research or data collected because so many cars now have
the warning beep if the car is too close to others. He questioned whether people are simply feeling more
comfortable traveling closer to other vehicles because their car did not beep at them.
Planning Director Darling noted that those beep warnings do not work at that particular speed.
Mayor Zerby suggested even a "Police Station Ahead" may help slow people down. Councilmember Siakel
asked if the City would be allowed to put up a sign because it was a County road. Public Works Director
Brown stated that the City would have to coordinate with the County.
Zerby moved, Siakel seconded, to Direct Staff to Work with Hennepin County to seek permission for
a permit to put in a "No Passing on the Shoulder" sign.
The Council discussed other areas where tailgating and passing on the shoulder are an issue.
Councilmember Sundberg suggested asking staff to include an article on tailgating as an educational tool
for residents.
Motion passed 4/0.
9. GENERAL/NEW BUSINESS - NONE
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Update on Construction Parking
Planning Director Darling gave an update on the construction parking near Birch Bluff and Grant Lorenz
Road. She noted that there had only been one instance where there was significant parking on site and other
than that, there have been no complaints made to city staff.
2. Update on Minnehaha Creek Watershed District (MCWD) Discussions
City Engineer Fauske stated that there was a Memorandum of Understanding between the City and the
MCWD to take a look at drainage issues in the west end of the City in areas like Strawberry Lane and
Freeman Park. She noted that staff had met with the MCWD and given them primary and secondary
preferences for alignments to address the drainage concerns. She stated that the City is still waiting to hear
back from the MCWD on the technical merits of the analysis. She stated that staff has found a property
that appears to be the hinge point for this alignment and has discussed the willingness to sell with the
property owner.
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July 9, 2018
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Other
Public Works Director Brown stated that he had nothing further to report.
Mayor Zerby asked Public Works Director Brown what the City will be doing to meet the new sign
reflectivity standards. Public Works Director Brown stated approximately 65 percent of the signs have
already been replaced and the bulk of the remaining signs should be replaced this fall.
Mayor Zerby asked about the tree trimming program. Public Works Director Brown stated that the City
has done quite a bit of work with S &S Tree Service and are still managing the canopy that is considered
"slight risk ". He stated that they have already taken out the trees that were identified as a "severe" or
"immediate risk ". He noted that the City has been researching the cost for used bucket trucks to help with
some of the projects because the OSHA standards say that you cannot bring a sawblade above your
shoulders. He stated that an addition of a bucket truck would be key to managing the leaning and
overhanging trees.
Mayor Zerby suggested that a bucket truck might be an opportunity for a joint purchase with neighboring
cities similar to the JetVac.
Councilmember Johnson asked if a resident has a tree with a branch that is cracked and hanging if there
was anything the City can do to make sure that the branch doesn't come crashing down on an individual
who is walking in the street. Public Works Director Brown asked if the branch was hanging over public
property or a neighboring property. Councilmember Johnson stated it is borderline hanging over the street
and he had noticed it when he was driving.
Planning Director Darling stated that if it was hanging over the public right of way or the street, the City
can enforce this under the nuisance code. Councilmember Johnson stated that he will send the address to
staff for them to take a look.
City Engineer Fauske stated that there are still some sidewalks that need to be cut in over near the
Southshore Center, but the parking lot at Badger Park has been paved.
Public Works Director Brown stated that because of the heat, they had held off bringing in the heavier
trucks for some of the work, but now that things have cooled off a bit, they will get those in. He noted that
much of the planting had been completed in Badger Park.
City Clerk Thone reminded the Council that absentee voting is underway and that July 31, 2018 candidate
filing opens. She noted that there are two Council seats on the ballot.
City Administrator Lerud noted that at the last Council meeting there was a proposal for Timber Lane Goose
Management Plan. He stated that following the meeting the City received documents to establish the
Timber Lane Lake Association that would manage the goose management plan and would be comprised of
seven of the nine property owners on Timber Lane. He stated that he had spoken with a representative from
the DNR following the meeting and he explained that the DNR views a lake association as being everyone
around the lake and not a specific neighborhood. He stated that the DNR did not approve a permit for this
year.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
July 9, 2018
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B. Mayor and City Council
Councilmember Johnson noted that he would like to give an update on the mediation efforts that Council
approved in May of 2018 for his neighborhood. He stated that at the last meeting, City Administrator Lerud
had stated that the parties had settled, but the parties have not settled. He stated that he cannot provide any
more information than that and suggested that perhaps City Administrator Lerud was able to speak more
freely than he was.
City Administrator Lerud stated that the parties have not been able to finalize the agreement that they had
tentatively reached. He stated that he did offer both parties a second mediation session but has not heard
back on their responses.
Mayor Zerby stated that this was disappointing.
Councilmember Johnson stated that a central issue to additional mediation is legal fees.
Councilmember Siakel asked if something happened after mediation because both parties left having agreed
upon something. Mayor Zerby asked City Attorney Keane what the options were outside of mediation.
City Attorney Keane stated that he believed the parties were still talking and the City has extended the
opportunity to reconvene and noted that there is not much more the City can do beyond that.
Mayor Zerby reiterated his disappointment and asked that there be an update on the progress at the next
Council meeting.
Councilmember Siakel stated that the Park Commission meeting in scheduled for July 10, 2018 and she has
a conflict. She asked if any of the other Councilmembers would be able to attend in her place. She stated
that she would like to have Council represented there, especially because of the decision about the surface
of Badger Park.
Planning Director Darling noted that it is a Park Tour that starts at 6:00 p.m.
Councilmember Siakel stated she wanted to thank Councilmember Sundberg and City Administrator Lerud
for the work they have done with the Fire Board.
Mayor Zerby noted that the next Police Board meeting is scheduled for July 11, 2018 to discuss the 2019
budget. He reviewed the general budget numbers and noted that of the $2,598,000 total budget, the City's
portion is $1,286,000 which is an increase of $105,000.
Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 9, 2018, at
7:48 P.M. Motion passed 4/0.