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08-27-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 27, 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; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None. B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Councilmember Johnson thanked the American Legion Post for their donation. Labadie moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 13, 2018 B. City Council Regular Meeting Minutes of August 13, 2018 C. Approval of the Verified Claims List D. Accept Donation from American Legion for Oktoberfest, RESOLUTION NO. 18-080, "A Resolution Accepting a Donation to the City of Shorewood 2018 Oktoberfest Event." E. Approve LMCC Operating and Capital Budgets, RESOLUTION NO. 18-081, "A Resolution Approving the Proposed 2019 Lake Minnetonka Communications Commission Budget." F. Primary Election Update Motion passed 5/0. 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 27, 2018 Page 2 of 6 George Greenfield, 2471.5 Yellowstone Trail, asked if the Council had received a report from the South Lake Police Department about the incident on July 13, 2018 on Oriole Avenue in Chanhassen. Mayor Zerby noted that the Council had received an e -mail with some of the information from the Police Chief, but was told that additional information would be coming from the agency in charge, which is Chanhassen. Mr. Greenfield stated that the SLPD informed him that they did not have a written report which to him seems odd considering the gravity of the situation. He stated that this matter happened more than five weeks ago and would ask that the Council contact the police to get a report to the City that can be reviewed by the public. He stated that he would hope the report would include information on the legal obligations of one police department that is asked to assist another police department in their jurisdiction. Mayor Zerby stated that this was a very serious matter and he would like to find out some more information. He will make a call to the Police Chief and find out if there can be more information that can be shared with the public. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Authorization of Riley Purgatory Bluff Creek Watershed District ( RPBCWD) as the Local Governing Unit (LGU) for Wetland Conservation Act (WCA) Planning Director Darling explained that in 2008, the City entered into a joint powers agreement with the Minnehaha Creek Watershed District when the Riley Purgatory Bluff Creek Watershed District ( RPBCWD) informed the City that it could not longer provide the relevant services to the City. She stated that the RPBCWD are ready to resume their role as the governing authority for the Wetland Conservation Act (WCA) permits and other general water permitting. Councilmember Sundberg stated that she is very supportive of this recommendation because the new RPBCWD staff has been in place for about three years and the Board is very competent and believes they are at a point where they can resume these responsibilities. Mayor Zerby asked if any revisions needed to be made to the Joint Powers Agreement with Minnehaha Creek Watershed District. Planning Director Darling stated that no changes will need to be made because it will automatically expire if the parties amicably agree that RPBCWD can take over these duties. Sundberg moved, Siakel seconded to approve, RESOLUTION NO. 18 -0821 "A Resolution regarding the Administration of the Minnesota Wetland Conservation Act and Other Duties ", appointing the Riley Purgatory Bluff Creek Watershed District as the Local Governing Unit for Permitting Administration of the Minnesota Wetland Conservation Act and Other Duties. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 27, 2018 Page 3 of 6 A. City Project 17 -04, Mann Lane, Riviera Lane, Shorewood Land Street Reconstruction; Approve Change Order #1 City Engineer Fauske reviewed the items that have come up which require a change order in an amount of $10,801.73. She noted that one of the items was a wet tap watermain connection on Lake Linden Drive to avoid disrupting water services to Cub Foods. She stated that this change order is within the construction contingency. Siakel moved, Labadie seconded, Approving RESOLUTION NO. 18 -083, "A Resolution Approving Change Order No. 1 for the 2018 Reconstruction of Riviera Lane, Mann Lane and Shorewood Lane and the Watermain Extension along Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera Lane, State Highway Seven (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway Seven to 6140 Lake Linden Drive) ", City Project 17 -04. Motion passed 510. 9. GENERAL/NEW BUSINESS A. Southshore Center Update Administrator Lerud stated that the improvement project began last fall with the roof. He noted that all of the interior work had been completed, with the exception of the ceiling tile, which should be done shortly. He stated that staff is not ready to bring a recommendation of what to do with the circular ceiling are in the lobby. He stated that one thing that was not included in the budgeting process for this project was the lettering on the building as well as the other freestanding signs, a few televisions for presentation purposes and some furniture. He stated that staff is recommending this be paid out of an excess fund balance and be transferred into the project fund. He stated that staff is asking Council to decide on the new name for the building and staff is recommending Shorewood Community and Event Center. Johnson moved, Siakel seconded, Approving the Southshore Center be renamed to the Shorewood Community and Event Center. Motion passed 5/0. B. Milfoil Harvesting Mayor Zerby stated that he wanted to share information with the Council on information he had recently received regarding milfoil harvesting. He stated that Kathy and Dave Dalsin, 26860 Edgewood Road, are upset by the excess milfoil left behind during the harvesting process. He stated that they reported they spend an average of $1,500 cleaning it from their property. He showed some pictures of milfoil residue that is showing up around the City and a video that showed the harvester removing lily pads and not milfoil. He stated that there has been quite a bit of discussion about what the milfoil harvesting program accomplishes. He explained that there are other types of harvesting including hand pulling and a chemical process. He noted that the harvesters have been somewhat notorious for hitting things such as the power lines to Big Island and telephone cables in the water. He stated that he would like to ask the Council to ask the Lake Minnetonka Conservation District to pause the program for a year and see the impact that may have on the lake. He stated that the City of Orono and other interested entities, such as the Marina, have similar concerns about the harvesting. Counciimember Siakel asked if there was any way to tell what the impact of halting the program for a year would be. She stated that she feels the DNR has been missing in action on Lake Minnetonka. She stated that if the impact would have just a chance of being more of a nuisance it may garner some attention from the DNR. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 27, 2018 Page 4 of 6 Mayor Zerby stated that he did not think there was a way to know what the impact will be until the harvesting is stopped. He stated that the permit with the DNR states that all the material must be removed, which is not happening. He knows that there are some residents who are considered potential legal action because they are in violation of the DNR permit. He reiterated that he would like to put the brakes on this program and look at these issues on a broader level. Councilmember Siakel noted that Mayor Zerby had referenced twenty percent of the weeds not being picked up by the harvesters and asked if there was a way to know how much milfoil is washed up due to regular boat traffic. She stated she would support taking a break to look at some other solutions to managing the lake. Councilmember Sundberg stated that she would feel more comfortable if there could be an expert brought it to give the Council a little more information about the effectiveness of harvesting and other options. Mayor Zerby stated that he will send a link to a University of Minnesota study and some other academic studies around this issue, but the science it not clear. He believes that the current approach on Lake Minnetonka is not effective and in essence is basically seeding other areas. Councilmember Siakel noted that to make the problem worse is that much of the milfoil is covered with zebra mussels. Councilmember Labadie stated that she agrees with Councilmember Sundberg and Councilmember Siakel and noted that there is also the starry stonewort plant that is also invasive. She stated that there is approximately 1.30 miles of shoreland around Lake Minnetonka and noted that even if the City banned the harvesting it may not have a large effect because of the remainder of the lake. She would like to get an expert in front of the Council to explain some things. She noted that she is unsure where Lake Winnipesaukee, that was referenced in the memo, is located and for what time period the study was conducted there. She stated that if there are other lakes that have stopped the harvesting of milfoil, she would like to see what their results are before the City Council decides. Councilmember Siakel stated that she is unsure if there is a lake that can compare to Lake Minnetonka because there are three harvesters and the program has been going on since sometime in the 80s. Mayor Zerby stated that the milfoil problem and getting it out of the lake is a whole other discussion. He stated that the issue is that the harvesting is creating more of a mess and dumping this material on both private homeowners and businesses along the lake. Councilmember Sundberg stated that she is sympathetic to the lakeshore owners, but since there is not anything particularly time sensitive, she would like to take a few more weeks to gather more information before a decision is made. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Finance Director Rigdon noted that the property tax revenue came in fairly high and he attributes that to the early payoffs that people made because of the tax reform. He stated that the rest of the report is straight forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 27, 2018 Page 5 of 6 Other Director Brown stated he had nothing to report. Mayor Zerby noted that Public Works was still down three employees. Director Brown noted that he was actually only down two employees. Mayor Zerby asked about how the staff levels effected the department and if Council should be aware of needs. Director Brown stated that one individual is out on medical leave and should have an answer soon for the long -term prognosis. He stated that for the other opening there are interviews scheduled with five candidates. Mayor Zerby stated that he feels the work seems to be lagging a bit, for example the SeeClickFix items relating to tree trimming. Director Brown stated that there are seasons to Public Works and explained some of the projects and the race between time and weather to finish some of the projects. Mayor Zerby asked if the City could call in S &S Tree Removal to help with some of these tree trimming issues and noted that some of the on -line comments were related to obstructed views for driving. Director Brown stated that from a cost standpoint, that is really something the Public Works Department needs to tackle because it is too expensive to bring in S &S Trees for those types of projects. City Engineer Fauske stated that the contractor for the reconstruction project had to end early today due to the rain, so there is still one more water service to be installed on Yellowstone Trail and will then follow with patching to get the pavement back up to grade. The goal is to get this completed before school so buses did not have to drive through a construction zone. She noted that the storm sewer has been installed on Riviera Lane and are waiting for the phone lines to be moved over. She stated that there is a weekly meeting tomorrow with the contractor to discuss the schedule to communicate with residents. She stated that once the patching along Yellowstone Trail is completed, the contractor will move over to Shorewood Lane. She stated that Mann Lane will be scheduled once Xcel has provided a design and relocation for a power pole. She stated that sealcoating was scheduled to start today, but with the rain, it is anticipated that it will be later in the week. She stated that an update on Mill Street is that Hennepin County is anticipating curb removal to start on September 5, 2018. She noted that the striping plan includes a striped shoulder which raised the question of parking along Mill Street. She stated that currently, Excelsior has no parking from the bridge to Five Corners. She stated that staff has asked for some feedback from residents and has been in discussion with Excelsior about the parking issue. She stated that she plans to share more on this situation at a future Council meeting. City Engineer Fauske noted that the City is close to closing out the reclamation project. Director Brown stated that City Engineer Fauske mentioned a Texas underseal which is a new method that sealcoats the lower layers of asphalt before the final wearing surface down. He understands that people may be confused as they are watching the project be completed because it is a new process with an extra step. Councilmember Labadie asked for an update on the Starbucks project because she has had residents asking about it in anticipation of school starting. Planning Director Darling stated that the developer is in for a permit request to construct the building and is just missing the financial guarantees piece to gain approval and receive the building and right -of -way permits. She noted that staff had discussed this internally and has plans to restrict the work in the public right -of -way if they do not finish before school starts and will only allow the hours between 9:00 a.m. and 2:00 p.m. to do construction on the right -of -way improvements. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES AUGUST 27, 2018 Page 6 of 6 Councilmember Labadie asked if the timeframe of 9:00 a.m. to 2:00 p.m. had been run past First Student Transportation. City Engineer Fauske stated that this had not been communicated to the bus company, but she has had conversations with the developer to give him a heads up that anything past September 3, 2018 would be restricted. She stated that she will call the transportation company to open the lines of communications regarding this corridor. B. Mayor and City Council There were no reports. 11. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of August 27, 2018, at 7:45 P.M. Motion passed 510. a,