Loading...
09-24-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 24, 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, and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Siakel. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of September 10, 2018 B. City Council Regular Meeting Minutes of September 10, 2018 C. Approval of the Verified Claims List D. Approval of the Shorewood Community and Event Center Attendant E. Authorize Equipment Purchase for Public Works, Ford F250 F. Approval of Permanent Appointment of Scott Schroeder G. Approval of Change Order to Extend Completion Date for City Project 17-04, RESOLUTION NO. 18-094, " A Resolution Approving Change Order No. 2 for the Riviera Lane, Shorewood Lane, and Mann Lane Street and Utility Improvements Project, and the Watermain Extension along Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera Lane, State Highway 7 (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140 Lake Linden Drive)", City Project 17-04 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 2 of 12 H. Approval of Resolution Establishing Shorewood Precinct #5, RESOLUTION NO. 18- 095, "A Resolution Establishing a Shorewood Election Precinct and a Combined Polling Place for Cathcart Park" I. Accept 2018 Recycling Grant, RESOLUTION 18 -096, "A Resolution Accepting 2018 Hennepin County Residential Recycling Grant Motion passed 4/0. 3. MATTERS FROM THE FLOOR Kelly Morrison, 4236 Heathcote Road Deephaven introduced herself and announced she is running for Minnesota State House District 3313. She stated that she is a physician who has been practicing in Minnesota for the past 17 years and has lived in Deephaven for nine years. She stated that her theme is a Healthy Thriving Minnesota which to her means that all Minnesotans get access to quality, affordable healthcare. Councihnember Sundberg thanked Dr. Morrison for taking the time to come and speak before the Council. She stated that the City has a number of issues that overlap with the State level issues and asked how she would work with the City to address these issues. Dr. Morrison stated that she plans to be very accessible for the Council and noted that she would like to be kept informed of the issues that affect the City. In answer to an audience question, she stated that she grew up in a Republican family but has always been a Democrat. Councilmember Johnson asked how Minnesota should respond to the new tax reforms that will incentivize the wealthiest people to leave the State. Dr. Morrison stated that she thinks the State is on the upper edge of what is sustainable for State income tax. Mayor Zerby stated that he understands many present tonight are here to let the Council know their opinion about the Amlee Road /Glen Road street reconstruction project. The entire Council has received a number of questions from residents about this possible project and have tried to respond to them as best as they could. He noted that he had worked with staff to put together a commonly asked question and answer sheet and noted that there are copies available at the front desk and they were also mailed out to residents on Friday. He reviewed a few of the questions and explained the process the City uses to evaluate and plan for street reconstruction or sealcoating projects. He stated that this road has been on the twenty -five -year project list, and the City is still discussing what the project may look like. He noted that no decisions have been made on the Amlee Road /Glen Road area. He stated that the City does not assess for road projects and is paid for through property taxes. He explained the thought process behind considering putting in water hook up lines as part of road projects, but noted that there is only a connection fee when you decided to hook up. He noted that people are allowed to keep their wells if they want to use them for watering lawns or even drinking out of, they just cannot be connected with the City water lines. He clarified that there will be no vote tonight on whether to proceed with the street reconstruction project. He stated that the Council is considering looking at a communication plan because the City recognizes that they could have done a better job of working with the residents about this project and what to expect and will communicate this type if information to residents much sooner than has been done in the past. He reiterated that there will be no decisions or discussion on Amlee Road or Glen Road street construction project at tonight's meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 3 of 12 Jack Ke ell 5085 St. Alban's Bay Road stated that he was here with a number of people to talk about Manor Park and the condition of the pond. He stated that before the pond was made part of the stormwater collection system, the pond was a healthy ecosystem and a community asset. He stated that the pond has deteriorated since the Parkview development went in and is now completely turbid and supports little aquatic life other than a solid covering of algae. He stated that during warm weather the pond produces a foul odor. He stated that they feel the pond has to be dredged but then expect it to deteriorate again within a few years. He stated that the residents in the area would like the City to explore whether anything can be done to improve the functionality of the Parkview stormwater pond in order to reduce the degradation it causes to the Manor Park pond. He stated that they held a community meeting about the pond in 2009 and someone had pointed out that fountain was put into the Parkview stormwater pond. This pond now has no algae and is an attractive amenity which means the sediment cannot settle there and seems to be winding up in Manor Park pond. He suggested removing the fountain and allowing the Parkview pond to resume its intended function may help Manor Pond. He stated that the Manor Park area residents have been waiting for the City to take action on these concerns for ten years. He stated that they are hoping this will be included in the Comprehensive Plan. Planning Director Darling noted that the Council is planning to hold a work session meeting at Manor Pond on October 9, 2018 from 5:30 p.m. to 6:30 p.m. Richard Eng_ 25170 Glen Road, stated that he would like to talk about the Grant Street improvements that is costing the City thousands of dollars. He stated that he believes that WSB has failed the City time and time again. He stated that he would like an independent investigation to be done because this situation never should have occurred. He stated that he would like this issue to be put on the docket for an October meeting before the elections in November. He stated that he does not believe due diligence was done and that someone should be held accountable. Bob Gagne, 24850 Amlee Road, spoke regarding the Amlee Road and Glen Road project. He stated that he has lived here since 1961. He stated that all the water that Mr. Eng just touched upon ends up is his backyard as well as the two yards next to him. He stated that he also believes that Three Rivers Park should also be involved because there is a culvert under the old railroad tracks that is plugged. He stated that sometime in the early 70s the City received a grant to put the sewer in and he asked at the time why they did not just go ahead and put the water in while the streets were dug up, but the City chose not to do it. He stated that he has paid taxes to the City for 50 year and would like a road that is not full of potholes and drains correctly. He asked for this to be given time on a work session with the area residents and that the full Council would be in attendance to hear the whole story. Councilmember Johnson noted that the land that has the blocked culvert is owned by the railroad authority and he has been trying to get in touch with them about this issue. Roger Rodney, 25135 Glen Road, spoke regarding the Amlee Road /Glen Road project and expressed his concern with the credibility of WSB. He stated that he has pictures and video of the amount of fill that was brought in and all the trucks that came in that he has shown the City. He stated that hid property has a river running through it and feels WSB has to answer for that. George Greenfield, 24715 Yellowstone Trail, stated that a month ago some questions were raised about the calamity of July 1.3, 2018. He stated that Mayor Zerby promptly contacted the Chief of Police who answered two of the three questions. He read aloud from the statement by the Chief that when the case is made public by the BCA the report will also be available to the public. He stated that the South Lake Police Department claims they do not have a copy of the report and refuse to provide a copy of the report. He stated that the BCA and State Representative Cindy Pugh, has not returned calls. He stated that he feels CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 201.8 Page 4 of 12 the South Lake Police Department is being obstructive and resistant to providing any information. He asked the Council to direct the Police Chief to come to the City for a public meeting so residents can question him about the involvement by the department in the incident. Mayor Zerby noted that the South Lake Police Department has oversight from the mayors of the four cities that the department serves and a coordinating committee composed of the city administrators, and not the Council. Elizabeth Mann 2410 Amlee Road, stated that she was here to talk about the Amlee Road /Glen Road project. She stated that she went on -line and read the minutes and became concerned with what she was reading. She stated that her main concern is the lack of communication with the residents when the City is considering a feasibility study that is going to cost over $140,000. She expressed her appreciation to Mayor Zerby for attempting to reach out to her even though their schedules never connected. She stated that she received the question and answer letter that was sent out on Friday about 20 minutes before the meeting which she feels is a big part of the communication problem. She stated that the lack of communication from the City was very disappointing. Chet Ritchie 24995 Glen Road, stated that there are issues on Glen Road with potholes, water and drainage and gave an example of two cars parking on the sides of the road and a car not being able to drive through so the police had to be called. He stated that because there are no fire hydrants and the road in some places it is too narrow and in some places about as wide as an alley, it presents a safety issue. He stated that he supports something being done to improve the road. Richard Eng, 25170 Glen Road, stated that two cars can pass on Glen Road because it is 18 feet wide and noted that widening the road will increase the speed in which drivers travel on the road. He stated that there is a fire hydrant at the beginning Glen Road and the fire truck has equipment that will enable them to fight tires there, if needed. Mayor Zerby suggested moving item 8A earlier in the agenda ENGINEERING/PUBLIC WORKS — (moved from later in the agenda) A. Communication Plan for Capital Improvements City Engineer Fauske gave a summary of the proposed communication process that would include sending a letter to residents approximately two years before the proposed project, gathering opinions on watermain extensions, neighborhood open house, feedback to Council with summary of the open house comments, hold another neighborhood open house when a draft of the feasibility study is available, and another open house prior to construction. Councilmember Labadie stated that she feels this is a much better plan than what is currently in place Within the City. Councilmember Sundberg asked how this communication plan impacts the Amlee Road /Glen Road neighborhood and how the City moves forward. City Engineer Fauske stated that the first goal is restoring the trust of the residents. She stated that staff is certainly willing to hold an open house to answer resident questions. Councilmember Sundberg stated that if the City follows this communication plan that would put off any decision about Amlee Road /Glen Road for quite some time. Kipp Knutson, 24820 Glen Road, asked what is considered an adequate time frame for notifying residents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 5 of 12 City Engineer Fauske stated the City provides a two -week notice to the resident when there will be a neighborhood meeting of any sort. She stated that if residents are not able to attend the meetings this would also give them time to submit their comments via phone or e -mail prior to the meeting. Mayor Zerby stated that he feels an initial two -year notice is a good idea and feels that it should be repeated at one year also because there may be turn over in ownership. He asked for feedback from the residents on the two week' notice for open houses and if they prefer a postcard notification versus e-mail. The audience indicated that they prefer postcard notification rather than e -mail. Clint Bucher, 5490 Manitou Lane stated that he harkens back to 2007 when this road project was first brought up there was much heated discussion. He mentioned Laura Turgin a former Councilmember that was accessible open and listened. He stated that he has gotten the same feeling from Councilmember Labadie. He stated that back in 2007 a majority of the people did not want it to take 30 feet of their yard even though they thought the road sounded good and would cost hundreds of thousands of dollars for a catch basin that really wouldn't restore the failed foundation. He noted that in the middle of the Council meeting in 2007, there was a break and people went outside and during the break, the Council tried to take the vote while the residents were outside. He stated that antics like that do not engender trust. He stated that he did receive a postcard about the three lots at the end of Glen Road. He stated that same basic people were there along with the same engineering company and the same things were said, like "we did not know there were any drainage problems in there ". He stated that the residents there told them that they had informed the City and had taken pictures to show them. He said this was just a year ago, but he said at the time, when the City comes through with the story again, the people in the room will remember it. He stated that he did not receive a post card when the current homes were built at the end of Glen Road. He stated that the City approved them without any additional public input or meeting. He stated that it feels a bit like a used car salesman from the City, "Trust us. Buy a used car from us. We are good guys ". He stated that he would like to trust the City, but asked the City not to tell him to trust them, but to show him he could trust the City. Zerby moved, Sundberg seconded, to Approve the Communications Plan for Capital Improvements. Motion passed 4/0. Mayor Zerby stated that the City will stay in communication regarding these projects. He encouraged residents to also contact the Councilmembers if they had any questions or additional comments. Councilmember Johnson noted that someone was giving out an incorrect work number for him, so he asked that they not use that number. He stated that his correct number is available through City Hall. Elizabeth Mann 24710 Amlee Road, asked if the Amlee Road /Glen Road project was on stage one, two, or three of the new communications plan. City Administrator Lerud stated that he would say this project is between numbers one and two. He noted that the City will be sending out a more descriptive explanation of the project as well as a survey. 4. PUBLIC HEARING A. 7:00 PM Public Hearing to Vacate Portion of Woodside Road Right -of -Way Applicant: Michael Giebenhain Location: 28110 Woodside Road Planning Director Darling noted that the sixty -six feet of right- of-way was originally acquired in 1883 as part of the Scotts Subdivision and the home on the property was constructed in 1910. She noted that a portion of the home and porch was constructed within the right -of -way which has created a cloud on the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 6 of 12 title. The property owner is asking for the City to vacate the 1.6 feet of the westernmost right -of -way in order to correct the issue. She noted that the property owner to the south of this property had also recently requested a similar vacation of the right -of -way. She explained that any new street would require fifty feet of right -of -way. She noted that the proposed resolution includes language about reserving a seven -foot drainage and utility easement rather than the standard ten because of the placement of the porch. Councilmember Sundberg stated that this seems like a very logical way to deal with this issue. Mayor Zerby opened the public hearing for comment at 8:04 p.m. being there was no comment, he closed the public hearing at 8:05 p.m. Sundberg moved, Johnson seconded to approve RESOLUTION No. 18 -097, "A Resolution Vacating an Undeveloped Portion of Woodside Road." Motion passed 4/0. 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report by Commissioner Barr on September 11, 2018 Park Commission Meeting Commissioner Barr stated that the Park Commission discussed the Manor Park pond and looked over the Capital Improvement Plan. She stated that there were residents at the meeting to share their concerns about the Manor Park pond and noted that Planning Director Darling was able to share some results of some testing she had conducted which concluded that the water is not toxic. She stated that the Commission is encouraging staff to look into short term and long -term solutions for the pond issues. She noted that because of increased concrete and grading costs, they will not proceed with completing the Badger Park playground area for construction in the spring of 2019. She noted that the Park Commission has found there will be a $30,000 savings by not having to pour concrete below the poured rubber surface, since the plans are for a curb around the structure. She reviewed some of the revisions that were made to the CIP. B. Update on Manor Park Pond Planning Director Darling stated that she was able to perform some simple tests to test the pond for toxic algae and found that there was no toxic algae present in the samples. She stated that staff has started looking into possible chemical treatment options to reduce the green vegetation and algae in the pond. She stated that the costs for this treatment option is approximately $1,000 each time the pond is treated. She noted that there are private ponds that drain into Manor Park, so the treatment may be ineffective if the upstream ponds populate the algae or vegetation. She noted that cold weather slows the growth of algae so it may be a wise idea to wait and treat the pond next June and July. She stated that staff is also wondering if the Council would like staff to treat the Silverwood Park pond and whether they Council would like to have the dredging of Manor Park in the CIP as a separate item. She noted that the dredging had been included in the Comprehensive Plan. She stated that staff is looking for how quickly the Council would like the dredging project to take place. Councilmember Sundberg asked about the presence of road waste contamination in the Manor Park pond. Planning Director Darling noted that this waste is from a treatment that people used to use on bituminous driveways and it was a chemical that would run off into the pond and sits at the bottom with the sediment. She stated that then when the pond is dredged, the removed material is contaminated with these pollutants and it has to be landfilled, which makes the project very expensive. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 7 of 12 Councilmember Sundberg asked for the total cost for treatment with all the various chemicals that will be needed. Planning Director Darling reiterated that it will probably be around $1,000 for each treatment. Councilmember Labadie noted that the packet referenced the Park Tour that was held this past summer and stated that "several" residents attended the Park Tour. She would like to clarify that it was "several dozen" residents. She explained that she was present for the tour and the group of residents is a committed, cohesive group that supports cleaning up the pond. She asked how many upstream ponds drain into Manor Park pond. Planning Director Darling stated that she is aware of one or two ponds, such as the Parkview pond. Councilmember Labadie asked if the chemical treatment being considered is something that is regulated to a governmental agency that the City will need to obtain a permit from in order to complete the treatment. Planning Director Darling does not believe that any permitting will be required. Councilmember Labadie asked if the assumption is that this chemical application will be done annually. Planning Director Darling stated that it may be done more than once a year because they are not sure how long the treatment will last. Councilmember Labadie asked whether the goal of the treatment was a crystal -clear pond or to eliminate the smell. Planning Director Darling stated that the chemical treatment would keep down the vegetation and the algae and noted that the algae is emitting a gas which is causing the smell. Mayor Zerby stated that he thinks the pond needs to be dredged because it is surrounded by three roadways and thinks the treatments used on the roads to keep them safe for winter driving have more than likely gone into the pond and caused problems. He stated that he feels there needs to be some science -based decisions made and stated that the chemical treatment option sounds like a "Band -aid" and does not create a working ecosystem. He stated that he thinks the City needs to have someone come in and take a look at it because he thinks the ecosystem is broken. He noted that he had previously recommended Steve Nikomis. He stated that he is in favor of doing a treatment for a temporary solution for this year, but thinks the City needs to look at longer term solutions. Frank Furter, 20635 Manor Road, stated that he lives directly across from the pond. He stated that he agrees with everything Mayor Zerby said. He noted that there is only one driveway that has bituminous surface and he assumes most of the road waste that Planning Director Darling was talking about came from the slurry coat that has been applied to the roads over the years. He stated that when the pond gets enough water in it drains into St. Alban's Bay, so the water quality of this pond will affect the quality of the lake water. Jack Kegel, 5085 St. Alban's Bay Road stated for his first fifteen years living here this pond had a healthy ecosystem. He noted that he would see egrets, wood ducks and all sorts of mammals living in and around the pond. He stated that he hasn't seen ducks or egrets in years and noted that geese won't even come to the pond and they will usually go just about anywhere. He stated that the pond in its present condition is not supporting wildlife the way it used to and it was an important part of the community when it was a healthy ecosystem. He stated that he understands that the Parkview pond is a private pond but asked if there were any regulations that stormwater ponds have to abide by since it appears that pond is not keeping any of its sediment and it is all just going to Manor Park pond and asked who would be responsible for enforcing those regulations. Public Works Director Brown noted that the Parkview pond is a small portion of drainage area that flows in the Manor Park pond. He stated that there are regulations in place and is overseen by the Minnehaha Creek Watershed District. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 8 of 12 Mr. Kegel stated that to him it is very clear that there is a connection between the health of Manor Park pond and the Parkview subdivision because that is when the deterioration began. He stated that he would like the City to take a look at the upstream ponds also, so the City is not back in the same situation in ten years. Councilmember Johnson asked what the cost of dredging would be. Planning Director Darling stated that staff is estimating that it would be over $200,000. Public Works Director Brown stated that when this was considered, City Engineer Landini was in charge of the project. He noted that there were many comments made a few meetings ago and in correspondence that said this never really went to a vote, which is not the case. He stated that staff went back and looked at Council documents where this was considered and it came to a decision that the material that comes out will have to go to a managed landfill. He stated that the estimated cost at that time was $230,000 and the Council felt they did not have the resources to proceed. Councilmember Sundberg asked if once the pond was dredged if all the contamination would be removed so that issue would be taken care of. Public Works Director Brown stated that would be the goal. He stated that the City's hope is that some of the ecological aspects that have been brought up tonight, can be brought back. Councilmember Sundberg stated that she likes the idea of dredging because she does not like having polluted properties in the City. There was a consensus of the Council to pursue information regarding dredging of the Manor Park pond. Planning Director Darling reiterated that there will be a larger impact to treating the algae in the warmer months of June and July. Mayor Zerby stated that he would support treating it yet this year, since the cost is fairly minimal, and then revisiting the topic when they hold their work session out at Manor Park pond. He asked the residents that were present if they objected to treating the pond this year. Jodi Kaye, 5105 Suburban Drive, stated that she does not think there is a huge benefit in doing it right now because it is starting to clean itself up a bit because of the cooler temperatures. She stated that she would prefer spending the money to treat the pond next year when it will be more effective. She stated that this pond was never intended to be a stormwater run -off pond, but simply a pond. Mr. Kegel stated that making it a stormwater pond really led to its degradation. There was a consensus of the Council to treat the pond next summer and use the interim time to consult with both the watershed district and a consultant about the best way to proceed. 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Communication Plan for Capital Improvements — (moved to earlier on the agenda) B. Approve Professional Services Agreement for Reclaim Project: Enchanted Island and Shady Island, City Project 18 -11 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 9 of 12 Public Works Director Brown stated that there has been a consensus that the islands are ripe for doing a full reclamation project for Enchanted Island and Shady Island. He noted that the estimated costs are $113,634 and staff is recommending approval. Mayor Zerby stated that he thinks these roads are overdue. He suggested sending a postcard to the residents to let them know the City is making progress and moving forward on this project to make sure it is communicated with the residents. Johnson moved, Labadie seconded, Approving RESOLUTION NO. 18 -098, "A Resolution Approving a Professional Services Agreement with WSB and Associates for the Preparation of Plans, Specifications and Bidding Services for the 2019 Street Reclamation Project: Enchanted Island and Shady Island," City Project 18 -11, and begin the newly approved communications plan with the residents. Motion passed 4/0. C. Approve Professional Services Agreement for the 2018 Inflow and Infiltration Abatement Project, City Project, 18-12 Public Works Director Brown noted that the City budgets $70,000 for inflow and infiltration abatement and noted that staff has areas along Edgewood Road and Park Street that need attention. He noted that the expected construction costs will be about $65,000. Staff is recommending approval. Mayor Zerby stated that he thought he remembered that there used to be annual video inspections done but does not remember seeing that for a while. Public Works Director Brown stated that they have been looking at them as road construction projects happen and noted that there are some that are on a televising schedule but most are done in conjunction with road construction. Zerby moved, Sundberg seconded, to Approve RESOLUTION NO. 18-099, "A Resolution Approving the Professional Services Agreement for the 2018 Inflow and Infiltration Project," City Project 18- 12. Motion passed 4/0. D. Mutual Aid Agreement for Public Works Public Works Director Brown stated the goal of this agreement is to have a Mutual Aid Agreement in place so when an emergency happens, the cities do not have to take time to get an agreement in place to meet FEMA standards and agency needs. He stated the goal is have this agreement in place State -wide. He stated that Hennepin County has agreed to be the administrator for this area. He reviewed some of the terms in the agreement regarding responsibility, liability and reimbursement of costs. Staff is recommending approval. Mayor Zerby stated that he is not in favor of this agreement and noted that the City is already having trouble getting done what needs to be done within the City. He stated that the City has worked with local cities and partnered with them in the past, when needed, but he is not prepared to send our Public Works Department to other parts of the metropolitan area. He asked if other nearby cities like Excelsior and Tonka Bay have signed this agreement. Public Works Director Brown stated that Excelsior and Tonka Bay are currently reviewing the agreement. He stated that communities such as Crystal, New Hope, Medina, and Edina have already signed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 10 of 12 Councilmember Sundberg asked how often Public Works Director Brown would expect to be called out to other areas if this agreement is signed. Public Works Director Brown stated that he believes it will be very limited and noted that it will be the Council's choice whether they would like to send resources. Mayor Zerby stated that he does not believe that would happen in reality because that would involve calling a special Council meeting, so he does not feel there would be any Council interaction in these situations. City Administrator Lerud stated that this agreement is a two -way street, so the City will also be able to access assistance, if needed. Councilmember Sundberg stated that she feels this agreement may be a positive for a small city like Shorewood. Councilmember Labadie stated that in her opinion it depends on who the City will enter into a Joint Powers Agreement with because, depending on who it is looking at, Shorewood may be considered the "big city ". She stated that there have been many instances where the City has cleared a trail, stops at the edge of the City and the neighboring cities do not clear theirs. She stated that there are problems on the islands with the roads with our City taking care of them and the next city over not taking care of their roads. She stated that she was afraid of certain cities taking advantage of the City's excellent Public Works staff machinery, and competence. She stated that if this agreement partners with larger cities, she thinks it could be a benefit to the City. She expressed concern of whether there would be an emergency that effected the City as well as the bigger cities and the services and assistance may go to the bigger cities and Shorewood be given the scraps. She stated that the agreement makes her a little bit nervous. She noted that in the case of a disaster and FEMA is being called in, she thinks the agreements makes common sense. She noted the immediate sand bagging efforts when there was flooding on Lake Minnetonka was not declared a FEMA disaster until after the fact. She stated that there is a phrase included in the agreement that states, "normal day to day activities" which makes her very nervous. Councilmember Johnson stated that based on information he has gathered from Next Door, there is a push from Excelsior to merge Public Works with our department. He stated that he is a little leery to sign onto something like this until the City has better clarity as to what our surrounding neighbors are going to do and what their Councils will look like, post - election. He asked City Attorney Keane if he had read through the agreement and had any thoughts on it. City Attorney Keane stated that he had reviewed the agreement and it is customary as it relates to the shifting of risks and liabilities. He stated that the remainder of the agreement is a policy question for the Council to discuss. Councilmember Sundberg stated that she thinks her fellow Councilmembers raised some valid concerns and agrees that she would be more comfortable waiting to see what the neighboring communities will do. She stated that she is tired of the City being taking advantage of by some of the communities. 9. GENERAL/NEW BUSINESS A. Shorewood Community and Event Center Rental Fee Schedules City Administrator Lerud stated that staff has been contacting similar facilities to see what they charge for rental fees to arrive at fees for the Shorewood Community and Event Center. He noted that staff is proposing that this fee schedule go into effect on January 1, 2019. Councilmember Johnson stated that before making a decision he would like to know the frequency with which the building is being used. He said he wants to make sure that the rates are competitive, and the city is not losing rentals because the fees are too high. He said he would also like to know the lowest fee that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 11 of 12 can be charged where the City is covering its costs. City Administrator Lerud stated that there is enough time between now and the end of the year that he can bring those answers back to the Council at a future meeting. Councilmember Sundberg asked when the City would start communicating its new name. City Administrator Lerud stated that he received the quote from the sign company late this afternoon and noted that the new name has already been put on the website and social media sites. Councilmember Labadie stated that there was discussion at one point of charging a different rate for non- profit groups but she did not see that included in the information. City Administrator Lerud stated that had been included on a previous version and will be included again when it comes before the Council. B. Water Connections Administrator Lerud explained that at the last work session the Council had talked about encouraging people to hook up to water if it was available to them. He noted that of the properties that have water available but were not connected to the system, one - hundred and eight of the properties have paid an assessment, but are not connected. He stated that there are approximately one- hundred thirty properties that have water available but have not paid an assessment. He stated that it has been determined that there is too much information to send out in a mailer, so the plan is to send a flyer with the next sewer bill that will refer them to the website for the detailed information. Councilmember Sundberg stated that she strongly suggests that the City not use the WAC acronym because it will quickly become a joke that the City is "whacking" residents again. She suggested simply stating "water access charge" and not shortening it. Councilmember Labadie explained her thoughts on item number eight of the frequently asked questions document, "What are the advantages to being on City water." She stated that in her opinion it is an advantage to be on City water because it increases property value in the event of resale. She asked if that would be worth researching and including as a footnote. City Administrator Lerud stated that he will ask the City Assessor and ask that question for possible inclusion in the information. Councilmember Sundberg asked if there was data regarding water quality of wells in our area that could also be included. City Administrator Lerud stated that the City does not have that information because they are private wells. He noted that there is information included regarding having their wells tested for contaminants. Zerby moved, Johnson seconded, to Approve the Water Connection information and communication process, with the changes as discussed. Motion passed 4/0. A. Administrator and Staff 1. Enterprise Funds Budget Report Mayor Zerby recessed the Council meeting at 9:02 p.m. to allow for the recording tape to be changed. The meeting was reconvened at 9:06. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 24, 2018 Page 12 of 12 Finance Director Rigdon reminded the Council that Enterprise Funds are different that General Budget Funds. He noted the Enterprise funds are used to report activities for which fees are charged to users. He noted that there was nothing out of the ordinary in this report but noted the City should focus on the cash balances of the major funds. Other Mayor Zerby asked Public Works Director Brown about the light fixture on Smithtown and Eureka Road. Public Works Director Brown stated that he had given Xcel Energy the go ahead to add the additional light. Mayor Zerby asked about street painting. Public Works Director Brown stated that the new system after sealcoating is to sweep the street and then come back one month later and sweep again and paint the street. He believes that the second sweeping and painting will be done in about two weeks. City Engineer Fauske stated that due to last week's rain, the watermain extension through Riviera Lane did not take place and they anticipate that work moving forward this week if the weather cooperates. Planning Director Darling noted that at the last Council meeting there was a resident who came forward with concerns about the condition of Glen Road and the amount of mud and debris along the road. She explained that she had followed up and inspected the property almost every day. She reviewed the other times she inspected the property and the pictures of what was found. She stated that she believes the contractor has gotten the point that the City expects them to keep the roads clean and will have the Building Officials continue to keep an eye on it when they are in the area. B. Mayor and City Council Mayor Zerby stated that he had sent out a memo about Hennepin County giving a grant to Excelsior for Mill Street and asked if the City had any contact with them to see if the City could have any input into the process since the Council has heard from residents along Mill Street that they are also anxious for something to be done. He stated that there should at least be coordination of the projects. City Administrator Lerud stated that he believes Excelsior is planning to form a staff level oversight committee, that will involve citizens from both cities as well as Chanhassen. Mayor Zerby stated that he represented the City at NPR to discuss the bee pollinator document. He stated that it was well received and also a message that the smaller cities do not like it when they get overruled by bigger government. 11. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of September 24, 2018, at 9:16 P.M. Motion passed 410.