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07-23-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 23, 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, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None. B. Review Agenda Sundberg moved, Siakel 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 Special Session Meeting Minutes of July 9, 2018 B. City Council Regular Meeting Minutes of July 9, 2018 C. Approval of the Verified Claims List D. Approve ORDINANCE 561/ RESOLUTION NO. 18 -071: City Code Supplement S- 13, "An Ordinance Enacting and Adopting the 2018 S -13 Supplement to the Code of Ordinances for the City of Shorewood, Minnesota" and "A Resolution Approving Publication of Ordinance 561 Enacting and Adopting the 2018 S -13 Supplement to the Code of Ordinances for the City of Shorewood." E. Authorization to Offer Additional Buy Down Energy Audits Motion passed 5/0. 3. MATTERS FROM THE FLOOR Troy Stottler, 23620 Smithtown Road, stated that he is a retired firefighter and currently works for First Student. He expressed concern about local fire crews responding to a fire last Friday evening to a garage in Deephaven. He stated that the fire was at his ex- father -in -law's garage where for the last nine years, he CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 23, 2018 Page 2of5 has been running a motorcycle repair business out of the garage. He stated that he had previously reported this to the fire marshall and the City of Deephaven. He expressed concern about zoning violations and a running a business illegally out of a garage. He stated that he does not feel this has been investigated. He stated that allowing businesses to run illegally causes safety concerns for the firefighters, costs money for the trucks and equipment, but also takes funds from the firefighter pension fund. He asked for an investigation and for the City to uphold the safety standards. He stated that he did not think the City should have to pay any of the costs associated with this fire. Councilmember Sundberg thanked Mr. Stottler for coming in and making sure the Council is aware of what is going on. She stated that she is a member of the Fire Board and will be malting inquiries, however, she is not sure how much this Council and the City of Shorewood can do since the property is located in Deephaven. City Administrator Lerud stated that this Council would have very little influence on what decision the City of Deephaven makes but, agreed that it should be raised to the Fire Board. 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS A. Eric Evenson, Lake Minnetonka Association Mayor Zerby stated that Eric Evenson was not present, so he would move on to the next item on the agenda. 6. PARKS A. Report by Commissioner Ashmore on July 10, 2018 Park Tours /Park Commission Meeting Commissioner Ashmore stated that this was the second part of the Park Tour and they took a look at Manor Park, Silverwood Park, and Southshore Community Park. She stated that there were about 17 neighbors from the Manor Park area that joined the tour and expressed their concerns with "the pond" and asked for it to be re- evaluated. She stated that the process was explained to the residents and the Park Commission made a motion asking staff to start looking at both short term and long -term solutions for the pond. Mayor Zerby suggested asking the people that have worked with the Christmas Lake Homeowner's Association to take a look at and give an opinion. He believes it was somebody called, Steve, "The Lake Doctor ". Public Works Director Brown stated that he thinks that is a good idea and noted that both the watershed district and the University of Minnesota were involved when the pond was evaluated 13 years ago. 7. PLANNING A. Approve Development Agreement for Starbucks at 19285 Hwy 7 Planning Director Darling explained that one of the final conditions of the CUP approval for this project is the execution of a development agreement. She reviewed some of the details of the development agreement including what improvements the City expects in the public right -of -way as well as a deadline for completion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 23, 2018 Page 3 of 5 Mayor Zerby stated that the completion date of October 31, 2019 seems a bit too far out and asked if the roadwork would be done before school began. Planning Director Darling stated that she built in some extra time into the agreement, but noted that it may not take them quite that long to fully complete the project. She stated that the Council could change the date if they wished. She stated that the plan is for the roadwork to be completed before school begins. City Engineer Fauske confirmed that the applicant has submitted for the right -of -way permit and the plan is to complete the improvements before school starts, however, with the rainy weather that has been happening, an extension may be needed. Mayor Zerby suggested changing the completion date to September 1, 2019, so it will be before school begins next year. Zerby moved, Sundberg seconded, to Approve RESOLUTION No. 2018 -072, "A Resolution Approving A Development Agreement for Redevelopment of 19285 Highway 7, for Starbucks with a Drive -Thru Service Window" with a revision to item number seven, Schedule of Work, to state "The Developer shall install all required site improvements by September 1, 2019 ". Motion carried 510. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Boulder Bridge Well Motor Control Center Replacement Project, City Project 18 -01 Public Works Director Brown explained that there were three bids submitted and opened on July 12, 2018 for this project. The low bid of $129,900.00 was submitted from Electrical Installation and Maintenance Co. (EIM). Staff is recommending approval. Councilmember Siakel asked for clarification of bid security. Public Works Director Brown explained that bid security is for instances when a bidder would refuse to go into a contract. It allows the City to recoup some of its costs to re- advertise the project. He noted that EIM submitted a 5% bid security amount rather than the 10% the other bidders submitted. He stated that after talking to staff and the City Attorney, it was determined that this was a minor irregularity that could be waived. Siakel moved, Labadie seconded, to Approve RESOLUTION No. 18 -073, "A Resolution Accepting Bids and Awarding Contract for Boulder Bridge Motor Control Replacement Project, City Project 18 -01, to Electrical Installation and Maintenance Co in an amount of $129,900.00." Motion carried. 5/0. B. Accept Quotes and Award Contract for 2018 Pavement Marking Project Engineer Fauske explained that two quotes were opened earlier today. The lowest bid was from Sir Lines - A- Lot at $28,546.70, which is below the project estimate. Staff is recommending approval. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18 -074, "A Resolution Accepting Quote and Awarding Contract for the 2018 Pavement Marking Project to Sir Lines A Lot in the amount of $28,546.70." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 23, 2018 Page 4 of 5 Mayor Zerby asked if the striping would be done as a two -part process like it has been done in the past. Public Works Director Brown explained that some of the striping will be done in conjunction with the sealcoating project, so it will be split up similar to the past. Motion passed 510. 8. GENERAL/NEW BUSINESS A. Approve Purchase Agreement for Lot Sale: 22000 Stratford Place City Administrator Lerud stated that the City was approached by William Coldwell who expressed interest in buying this lot. He explained that the property served as an outlot to the Woodhaven 2nd Addition, for a well house facility, which has since been removed and the well abandoned. He stated that this is not a developer, but a single- family home for Mr. Coldwell. He stated that the City had contacted the County Assessor to determine the value and a price range for the parcel. The range given of $135,000 to $185,000 was also confirmed with a local real estate agent. Staff has worked with the City Attorney to draft a purchase agreement for a sale price of $155,000. He stated that the City will need to provide platting of the property and a marketable title. Staff is recommending approval. Councilmember Siakel asked if the revenue from the sale would go into the General Fund. City Administrator Lerud stated that it is at the Council's discretion as to which fund the monies should be placed. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 18 -075, "A Resolution Approving Purchase Agreement for City -Owned Parcel Located at 22000 Stratford Place." Motion passed 510. 9. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Watermain Break Public Works Director Brown stated that there was a watermain break on Smithtown Road last week which affected the walkway and the curbing. He stated that there is a company coming in to complete the restoration and explained that this was a more complicated watermain break than usual. 2. Finance Report City Administrator Lerud stated the monthly finance report is in the packet and he would be happy to answer any questions the council had. He said he has spoken with the new Finance Director about changing the format of the report in the future. 3. Budget Schedule City Administrator Lerud noted that because the interview meeting went longer tonight, he will try and find time at the next work session to continue the CIP discussion. He said a budget work session is scheduled for August 27, 2018. He stated that the preliminary budget will be approved at the September 10, 2018 Council meeting. The Truth in Taxation will be held December 3, 2018 with the final budget to be approved at the December 10, 2018 meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JULY 23, 2018 . Page 5 of 5 Other Mayor Zerby noted that he had just received a report of yellow water on SeeClickFix and asked Public Works Director Brown if that was part of the watermain break repair. Public Works Director Brown stated that he had been out in the field, so lie had not yet seen the SeeClickFix report. However, lie believes that this home is serviced by the City of Excelsior who recently flushed the watermain. He stated that he will follow up but is sure that the City of Excelsior will continue to work with the resident to resolve the yellow water issue. Mayor Zerby asked about the Smithtown /Eureka lighting proposal. Public Works Director Brown noted that Xcel Energy is working on it and has a solution, but the watermain break detained him from being able to discuss it with them. Mayor Zerby noted that a tree had fallen on Smithtown Road and wanted to give kudos to the crew for how well the situation was handled. City Engineer Fauske stated that the reconstruction project on Yellowstone Lane began today and when it is finished in this area, will move over to Shorewood Lane. She stated that they have weekly meetings scheduled to discuss progress and the planned schedule will be communicated to residents. Mayor Zerby asked the City Engineer to check into the project on Highway 41 and Highway 7, in front of Caribou Coffee. He stated that there is a portion that is still unpainted and asked if that was intentional. He stated that also at the Fireman's Dance, he heard comments from Howard's Point residents about lawn restoration. City Administrator Lerud stated that he was informed by the new Tonka Bay administrator that the City of Tonka Bay purchased portable speed bumps for Pleasant and Birch Bluff. He also noted that that the City received certification today that the city is in compliance with pay equity requirements. Mayor and City Council Mayor Zerby stated that the Fireman's Dance was a great function. 10. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of July 23, 2018, at 7 :52 P.M. Motion passed 510. G