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01-14-19 CC Reg Mtg Minutes• 1 , **I 910=11111119:1"', " I III IS] kq I R7AVMf1j k1 jjfAj - A logo= Mayor Zerby called the meeting to order at 7:01 P.M. Oaths of Office: Jennifer Labadie, Councilmember Debbie Siakel, Councilmember 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. City Administrator Lerud administered the Oath of Office to the two re-elected Councilmembers. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: None Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed F/0. Mayor Zerby reviewed the items on the Consent Agenda. Councilmember Sundberg asked whether any other entities had applied for item G. Planning Director Darling noted that no other applications had come in for the concession agreement in item G. Councilmember Johnson expressed his appreciation for American Legion, Clarence Clofer Post and Randy's Sanitation for their contributions to Arctic Fever. The Council unanimously approved the consent agenda adopting the resolutions therein. sea CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 2 of 14 D. Setting the 2019 City Council Regular Meeting Schedule, RESOLUTION NO. 19-002, "A Resolution Setting the 2019 Regular City Council Meeting Schedule for the City of Shorewood." E. Council Out-of-State Travel Policy Annual Review F. Approve Change Order No. 3 for Riviera Lane, Shorewood Lane, and Mann Lane, Street and Utility Project and Watermain Extension along Yellowstone Trail (Club Valley Road to Riviera Lane), Riviera Lane, State Highway 9 (Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140 Lake Linden Drive), City Project 17-04, RESOLUTION NO. 19-003, "A Resolution Approving Change Order No. 3 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)" • I 1 573: Me •- : lurenno[OML 6 • 1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 3 of 14 Sue Davis, 5495 Valleywood Circle, said she was here on behalf of Arctic Fever. She stated that because there is no snow on the ground, they have been working on changing the planned games and activities so there will still be fun things for children and families to do at the event. She gave an overview of the schedule for the events starting on Thursday evening. She reminded people that all of the details are available at www.arctiefever.net. Chet Ritchie 24995 Glen Road, expressed his support for the planned changes to Glen Road. He stated that he believes the petition that was handed around contained misinformation about the proposed project. He urged the Council to look at the information that was distributed along with the petition. He stated that there are people along Glen Road that support the project. David Hansen 24925 Glen Road, stated that he would like to second the comments made by Mr. Ritchie that there has been misinformation spread throughout the neighborhood. He explained that he is strongly in favor of the road, curb and gutter and water. Wally Piroyan, 24845 Glen Road, stated that he is willing to go over the information that has been distributed regarding the petition line for line to address their concerns and perceived falsehoods. He stated that he feels the facts are without dispute. Richard Eng, 25170 Glen Road, stated that he agrees with Mr. Piroyan that everything that they have put out regarding this project is true and he will stand behind it. He stated that he felt the open house that the City held was completely useless. Hearing 4. PUBLIC HEARING A. Lawtonka Villas PUD Concept and Development Plan Request to Open and Continue the Public Planning Director Darling explained that the application is for a PUD plan and minor subdivision to construct two single - family homes. She noted that the Planning Commission reviewed the plans at the December 10, 2018 meeting and at the time, staff had recommended approval with a number of conditions attached. She stated that in an effort to reduce some of the conditions, the applicant has submitted additional information but staff has not had time to thoroughly review the new information. She stated that staff is asking for a continuation to allow time to review the revisions that were submitted. Mayor Zerby opened the public hearing at 7:16 p.m. There being no public comment, Mayor Zerby closed the public hearing. • r • • •:: 0 01:71Q101 *11 AIT11MUFTe"I - • • - • r -• 1 W0JA&'JFff IJ •i -• TMET-ro Representative Kelly Morrison explained that she is the new State Representative for 335. She noted that she will serve on the Health and Human Services Committee, a subcommittee on water, Environmental and Natural Resources Committee, and the Early Childhood Development CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 4 of 14 Committee. She noted that she hopes to periodically attend Council meetings in the future and encouraged residents and Council to contact her whenever they needed to. B. 2018 Mosquito Management Control District Report Administrator Lerud noted that the activity summary for the City in 2018 was included in the packet for informational purposes. Mayor Zerby noted that Commissioner Mangold was unable to attend tonight's meeting, but the items are summarized on the agenda item. B. Accept Proposal for Manor Park Pond Management Public Works Director Brown gave an overview of recent discussions with residents regarding the condition of Manor Park Pond. He stated that staff has solicited a proposal from Barr Engineering to conduct a study to determine the phosphorus loading in the pond. Staff is recommending approval and noted that if the ice remains safe, they can do some of the testing this winter. If the weather warms up and they are unable to safely go onto the ice, they will conduct the testing in the spring. Councilmember Labadie asked if the climate or time of year the samples are taken effect any of the test results. Public Works Director Brown stated that the climate or time of year have no bearing on the test results. Mayor Zerby stated that he feels this is a good first step in addressing the issue at Manor Park Pond. Sialkel moved, Labadie seconded, to Approve the Proposal from Barr Engineering for Investigation and Study of the Manor Park Pond, in an Amount Not to Exceed $13,600. Motion carried 1 Mayor Zerby noted that he recently read that seven cities in the State are suing the manufacturer of the driveway sealer because of its contaminants. He listed the cities that have filed the lawsuit and asked whether the City should join this suit. City Attorney Keane stated that he will make inquiries to see if there are benefits to participating and report back to the Council. Councilmember Johnson asked if Public Works Director Brown was aware of any other ponds within the City that may be considered contaminated. Public Works Director Brown stated that most metro communities are finding that virtually all of their ponds are impacted. Planning Director Darling stated that during the outdoor special events, the City is frequently approached by residents asking why there is not food or alcohol available. She noted that the Parks Commission discussed it at the December 11, 2018 meeting and made a unanimous recommendation that they are willing to allow food trucks at special events and a split vote of 4/1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 5 of 14 on whether to consider allowing alcohol at special events. She stated that staff is looking for direction from the Council on whether to proceed to study these issues. Councilmember Sundberg stated that in her opinion, it seems reasonable to allow both food and alcohol for one year and if there are problems, then the City can just shut it down. Councilmember Labadie stated that she has no problem with food trucks being allowed in the City parks, but stated that she would never vote to allow alcohol to be served in the City parks. Councilmember Siakel stated that she also does not see any reason to allow alcohol in the parks. Mayor Zerby stated that he has been approached by various non - profit agencies that are interested in selling alcohol at events for fundraising. He stated that he does not support generally opening up the parks to alcohol, but would support allowing it for special events at specific parks. Sundberg moved, Johnson seconded, to direct staff to draft an ordinance that will allow food trucks in the City parks for special events. Motion carried 5/0. Zerby moved, Sundberg seconded, to direct staff to draft an ordinance that will allow alcohol for special events upon Council approval in Badger Park for a one -year, trial period. Motion carried 3/2 (Labadie and Siakel). Councilmember Labadie requested that when the Council reviews this in one year that Chief Meehan be invited to the meeting to provide feedback regarding alcohol related law enforcement issues with any alcohol sales that have occurred in Badger Park. Planning Director Darling stated that the Parks Commission has recommended a design for the picnic shelter with a split gable roof line. She noted that the shelter will be large enough to accommodate six picnic tables. She reviewed the layout of the shelter and the restroom building and noted that the restroom design that will be similar to the picnic shelter. Planning Director Darling gave an overview of past discussions by the Planning Commission and the Council regarding the variances to pool setbacks at 6035 Spruce Hill Court. She stated that the Planning Commission had recommended denial of the request. She noted that this item had been discussed at the December 10, 2018 Council meeting where it was continued to allow the applicant time to inquire about purchasing additional land to the north. She stated that Lennar, who owns the land to the north has indicated that they are not able to sell a portion of the property, but have no objection to the variance for the pool on the property. She stated that she has written up resolutions for both approval and denial based on the Council's previous discussion. She reviewed the recommended conditions if the Council chooses to approve the variance. Tim Butler, 6035 Spruce Hill Court, asked if the Council had a chance to review the twenty -five- page presentation that he had prepared for the meeting. He read aloud a letter from his wife explaining their request for a variance in order to have a pool at their home. He stated that the decision by the Planning Commission to deny the variance was before there was knowledge that the seventy -foot easement behind their property is a non - conservation drainage and utility easement. He stated that they also did not know that Lennar would not sell the property to them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 6 of 14 He stated that they do not agree with the recommendation by the Planning Commission to deny the variance nor do they agree with the third condition if the Council approves the request, for a three - foot -wide patio space. He explained their reasons for not agreeing with the Planning Commission recommendation. He reviewed the language from the League of Minnesota Cities regarding practical difficulties and reasonable use. He stated that the proposed three -foot patio space is not reasonable and noted that they plan to only increase the impervious surface from 14.6 percent to 20.45 percent. Councilmember Sundberg asked if the adjoining neighbors were all in support of the variance. Mr. Butler stated that he has letters from all of them expressing their support. Mayor Zerby noted that the new information is that Lennar is also in support of the variance. Luann Ahart 6090 Spruce Hill Court, stated her support of both the variance for the pool and the patio. Councilmember Labadie stated that even though the neighbors support the variance request, this is not a small variance request. Sally Butler, 6035 Spruce Hill Court, expressed her frustration with this process because the point of a variance is to ask for an exception to the rule, which is what they are doing. She stated that they have the complete support of their neighbors. She stated that they are simply asking for an exception to put their pool in a location where nobody will see it. Councilmember Sundberg stated that she was just about to ask the same question because she thought variances were exceptions to the rules and do not set precedents. Planning Director Darling agreed that this was correct. Councilmember Sundberg stated that based on that information, she feels the Council should consider granting the variance and factor in all the information. She stated that because all of the neighbors, including Lennar Homes approves of the request and there is a pretty significant buffer with the trees, she explained that she is inclined to approve the request. Mayor Zerby confirmed that the dense tree coverage to the north was on Lennar Homes property. He asked if there was anything that would prevent them from cutting the trees down. Planning Director Darling replied no but noted that this was in a drainage easement so it is unlikely the trees will be removed, since a structure cannot be placed in this area. Councilmember Labadie stated that she puts a lot of faith in the findings of the Planning Commission and their recommendation was unanimous to deny the request. She stated that staff had also recommended denial of the request. Councilmember Siakel stated that her understanding of a variance is that there needs to be a demonstration of a hardship and to her, being unable to put in a pool is not a hardship. She stated that she feels this is a bit about setting a precedent. Mr. Butler read a portion of a memo from the League of Minnesota Cities dated May 2, 2018 titled Land Use Ordinance Mistakes that calls for "practical difficulties ", not "undue hardship" and explained that hardship is no longer the test of whether to grant a variance or not. He stated that he believes that the City is misapplying the standard and he is asking that they apply it according CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 7 of 14 to the League of Minnesota Cities standards and State laws. Councilmember Siakel asked for City Attorney to Keane to weigh in with his opinion. City Attorney Keane stated that the test that the City applies to variance requests is highly subjective and there is latitude and discretion in determining the reasonableness of the use as well as the reasonableness of departure from the standard. Mr. Butler noted that the Planning Commission has stated that the use of a pool is a reasonable use of the property. Councilmember Johnson asked whether the Planning Commission was aware of the seventy -foot drainage and utility easement directly behind the property. Planning Director Darling stated that the Planning Commission did not know that there was a drainage and utility easement behind the property. Councilmember Johnson stated that, in his opinion, that piece of information is a pretty big deal and suggested that perhaps it should go back to the Planning Commission. Mayor Zerby noted that he feels it is in the Council's court now and should move forward. He stated that he is in favor of approving the variance because of the easement, the support of the neighbors, and the letter from Ms. Butler that included the setback information from other cities. Councilmember Labadie stated that she agrees with Councilmember Johnson that the fact that the Planning Commission was not aware of the drainage and utility easement behind the property is huge. Mayor Zerby noted that the Planning Commission also did not know that the Lennar Homes was in support of it because they will eventually have to sell the lot behind the Butlers. Councilmember Labadie agrees that the Council should deal with this request tonight and not kick it back to the Planning Commission. Sundberg moved, Zerby seconded to approve the Variance Requests to Pool Setbacks at 6035 Spruce Hill Court for Sally and Tim Butler subject to the conditions in the staff report. Aaron Lutz, explained that he lives in Tonka Bay and is the pool contractor working with the applicants. He noted that the Butlers would like to have an automatic pool cover which needs more than three feet of patio cover for this to be secure and if they decide to put in a diving board, that will also need to be mounted in more than three feet of concrete. He stated that the minimum would be about four feet to have the automatic cover box secure. He stated that on the north side, the concrete could be brought down to three feet. Councilmember Labadie stated that she agreed that a pool cover is a safety issue, but does not think a diving board falls into that category. Councilmember Johnson stated that he believes the width of the walking surface next to the pool can also cause a safety issue if it is too narrow. Mr. Lutz explained that both Edina and Minneapolis require a minimum of four feet of concrete around pools for safety purposes. Councilmember Labadie asked why both staff and the Planning Commission had recommended thirty -six inches. Planning Director Darling explained that thirty - six inches is the minimum requirement in the building code for safe egress and was recommended to minimize the variance. She noted that staff was not aware of the pool cover issue at the time of the request. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 8 of 14 Councilmember Siakei thanked the Butlers for coming into the City with all the information. She stated that she understands that they have put in an incredible amount of work gathering information, however, she will stick with the Planning Commission recommendation. Councilmember Labadie confirmed that the thirty- six -inch recommendation came from staff and asked if that opinion would change based on the information provided tonight by Mr. Lutz. Planning Director Darling stated that she did not have enough information on pool cover requirements to make a recommendation. Sundberg amended her motion, Zerby amended his second, to recommend that there be a minimum of four feet of concrete along the north side of the pool. Councilmember Sundberg stated that she does not like going against Planning Commission recommendations but has questioned some of their recommendations with regard to variance requests. Councilmember Johnson stated that he was present for the very thorough discussion at the Planning Commission meeting which is why he would like to know if knowing about the seventy - foot drainage and utility easement behind the property would make any difference in their recommendation to the Council. Councilmember Labadie stated that she feels the letter from the developer in support of the pool and the fact that there is a seventy -foot drainage and utility easement behind the property are key pieces of information that the Planning Commission did not have when they made their initial recommendation. moved, Sialkel to Deny the Variance Request for Pool Setbacks by Tim and Sally Butler 60 - Hill Court. Motion the lack of a second. Planning Director Darling reminded the Council that this request is at the end of the one - hundred twenty -day review period. She noted that the Council could request that the applicant grant additional time to send it back to the Planning Commission to reconsider the request with the additional information. City Attorney Keane confirmed that the Council would ask the applicant to waive the one - hundred twenty -day review period. Planning Director Darling stated that she could take this item back to the Planning Commission for the February 5, 2019 meeting and back to the Council on the February 11, 2019 meeting. Mayor Zerby asked the applicants if they are willing to allow a forty - five -day extension to allow the Planning Commission to discuss it with the new information. Mr. Butler stated that they are willing to grant the extension but he is unable to attend any of the meetings in February because he will be out of town. He stated that if the Council would like additional time, he is willing to grant a sixty -day extension and then he would be able to attend the meetings in March. Planning Director Darling asked Mr. Butler to sign a statement that they are granting the City the sixty -day extension before they leave this evening. She noted that the Planning Commission will meet on March 5, 2019 and the Council will meet on March 11, 2019. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 9 of 14 Mayor Zerby clarified that this item would be brought back to the Planning Commission in March in order for them to consider the request in light of the letter from Lennar Homes in support of the pool location, the seventy -foot drainage and utility easement behind the property, and the pool cover safety requirements. A. Receive Feasibility Report and Authorize Preparation of Plans and Specifications for the Enchanted Island and Shady Island Street Reclamation Project (Except Enchanted Island), City Project 18 -11 City Engineer Fauske gave an overview of the scope of the work for the reclamation project for Enchanted Island and Shady Island. Staff is requesting that Council receive the feasibility report and authorize for plans and specifications. She noted that staff would like to hold a separate public hearing on the Enchanted Point project which will be covered in the next agenda item. Mayor Zerby asked about City responsibility in the assessment. City Engineer Fauske explained that the City policy is to assess the improvement cost for paving. She stated that the City incurs maintenance costs with both gravel and paved roads. She stated that the Council could adjust the assessment policy if they choose to. Mayor Zerby confirmed that if the City does not move forward with paving then the road will remain gravel. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 19 -009, "A Resolution Receiving Feasibility Report and Authorizing Preparation of Plans and Specifications for the Enchanted Island and Shady Island Street Reclamation Project (Except Enchanted Point), City Project 18 -11." Motion passed 5/0. B. Calling Island Street Reclamation Project, City Project 18-11, Enchanted Point Improvements City Engineer Fauske explained that in order to be consistent with the City's assessment policy, a public hearing would be held for the properties included within the proposed assessment area. She noted that the estimated assessment amount is $13,620 per unit. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 19 -010 "A Resolution Calling for Public Hearing for the Enchanted Island and Shady Island Street Reclamation Project, City Project 1 -11, Enchanted Point Improvements." Motion passed 5/0. Mayor Zerby noted that he appreciated the pictures of the coring samples that were included in the packet. 9. GENERAL /NEW BUSINESS A. Fund Balance Policy Update Finance Director Rigdon stated that this Fund Balance Policy is essentially a combination of the Fund Balance Policy from 2007 and the GASB 54 Policy from 2012. He explained some of the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 10 of 14 different fund requirements and noted that if the City had any revenue funds such as those from the Shorewood Community and Event Center, it requires a resolution committing the resources for those funds. He stated that this was not been done most likely because when it was originated there was a negative fund balance for that item, so this has slipped through the cracks. He explained that the proposed policy states that the City's goal will be to maintain an end -of -year unassigned fund balance of an amount not less then 60% of the next year's budgeted expenditures for the General Fund. Sundberg moved, Siakel seconded, Adopting the Fund Balance Policy as presented. Motion passed 4/0/1 (Johnson) Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 19 -011, "A Resolution Committing Specific Revenue Sources in Special Revenue Funds." Motion passed 4/0/1 (Johnson). B. Electronic Fund Transfer Policy Finance Director Rigdon noted that this policy has been recommended to the City by the external auditors to improve documentations and internal controls over this process. He noted that there is also a new form created for this policy in order to ensure proper authorities approve the transfer Siakel moved, Labadie seconded, Adopting the Electronic Fund Transfer Policy as presented. Motion passed 4/0/1 (Johnson). C. Annual Appointments and Designations for 2019 Mayor Zerby noted that the City will need to find a new Assistant Weed Inspector. Councilmember Siakel asked if someone else was interested in serving on the Fire District Board because she has some conflicts with two of the four meeting dates, but noted that she is happy to stay on as an alternate. She noted that she feels it is important to have solid representation at the Fire Board meetings because there appears to be a lot of important issues coming up this year. Councilmember Labadie stated that she is interested in attending but does not know the scheduled Board meeting dates in order to check her calendar. Councilmember Siakel stated that the meetings are currently scheduled for January 23, March 27, September 25, and November 20, 2019. She explained that she will be unable to attend the January and November meetings. Councilmember Labadie stated that she is willing to serve on the Fire Board. Mayor Zerby suggested that Councilmember Johnson take over the alternate position from Councilmember Labadie for the Coordinating Committee for the South Lake Minnetonka Police Department. He noted that he was okay with the rest of the appointments. He noted that he would like to see City Prosecutor Potts in front of the Council at some point to have a discussion with him. Councilmember Siakel stated that she believes the Park and Planning Commission positions should be flipped and thinks it is good for the appointments to rotate. Councilmember Labadie stated that she can serve on either the Parks Commission or the Planning Commission from January through June. Councilmember Siakel offered to serve on the Planning Commission from CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 11 of 14 July through December. Councilmember Labadie stated that then she will serve on the Planning Commission from January through June. Councilmember Johnson noted that he will serve on the Parks Commission from July through December. Councilmember Sundberg stated that she will serve on the Parks Commission from January through June. Councilmember Johnson noted that he believes the name of the official publications where notices may be published is incorrect and should be Lakeshore Weekly. Public Works Director Brown recommended that Scott Schroeder serve as the Assistant Weed Inspector. Siakel moved, Labadie seconded, Approving the Appointments based on Council discussion and Adopting RESOLUTION NO. 19 -012, `°A Resolution Designated 2019 Annual Appointments to Certain Offices and Positions Within the City of Shorewood." Motion passed 5/0. City Administrator Lerud stated that resident Joe Shneider contacted the City about the possibility of working with the City to help increase the City's recycling effort and to broaden what is usually thought of with the term recycling. He explained that Mr. Schneider had recently received his Master Recycler certification from Hennepin County. He stated that a meeting was held that included Mr. Shneider, Mayor Zerby, Communications Director Moore and himself to discuss the issue. He noted that they are ultimately looking to reduce the amount of material that is either going to a landfill or to a burner. He explained that they had put together some broad parameters and noted that he wants to clarify that this discussion is completely separate from the organized garbage collection. He stated that there have already been some people who have expressed interest in working on this issue but does not have their names at tonight's meeting. He stated that if the Council supports this, he will bring it back to a future agenda with the names for the Recycling Advisory Group. Mayor Zerby noted that he felt it was a really good initial meeting and Mr. Shneider presented some great initial ideas such as putting containers for bottle recycling at convenience stores and some ideas on construction site waste because much of that goes to the landfill. The Council expressed their support of the Recycling Advisory Group. Councilmembers Sundberg and Siakel expressed interest in serving on the advisory group. - -. City Administrator Lerud explained that in February of last year, the Council adopted an updated right -of -way ordinance that included a fee schedule. He stated that CenturyLink has complained to staff that the annual fee of $2,000 for non - franchise utilities is out of the norm of what other cities charge for these types of registration fees. He stated that they have been unable to resolve the situation with CenturyLink however, as some companies have paid the $2,000. He stated that staff had contacted a few other cities and the City's fee is quite different than other cities. He noted that staff believes the fees need to balance the cost of the right -of -way program but should CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 12 of 14 not be too far out in front of what other cities are charging. He explained that staff is recommended that the fee be lowered to $400. Sundberg moved, Siakel seconded, to Reduce the Right -of -Way Registration Fee to $400. Motion passed 5/0. Councilmember Johnson asked if the City would refund the companies that paid the full $2,000. City Administrator Lerud noted that those companies would be given a credit. Mayor Zerby recessed the meeting at 8:59 p.m. and reconvened at 9:03 p.m. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Update on Street Light at Ferncroft Drive and Minnetonka Boulevard Planning Director Darling stated that at the December 10, 2018 Council meeting, the Council had approved Excel placing a light pole at the corner of this intersection. She stated that the Council had also asked if Excel would put a timer on the light so it could be turned off by 10:00 p.m. She spoke with Excel and they stated that they do not use timers but will use photosensors. She noted that Excel had also stated that they will be working on design during January and February and would plan installation when road restrictions are lifted. 2. Monthly Budget Report Finance Director Rigdon noted that the monthly budget report is from November because there was not a second Council meeting in the month of December. He gave a brief overview of the information and noted that there is an excess amount in revenues which is primarily due to building permits. He noted that expenditures are slightly underbudget and there will be about $280,000 in excess of revenue over expenditures. Public Works Director Brown stated Mayor Zerby had asked about No Passing signs on County Road 18 and noted that staff thought they had approval from the County, however they recently received an email reversing the decision. He stated that the City was told that because it is illegal to pass on the shoulder, the signs would be repetitive. He stated that staff is at a dead end in the process but can give information to the Council if they would like to pursue this further. Mayor Zerby stated that he is willing to take this on and asked for the appropriate contact information to get the process started. Public Works Director Brown noted that the clearance signs at the Shorewood Community and Event Center have been changed and are much more aesthetically pleasing. Mayor Zerby asked if the Boulder Bridge Wellhouse project was complete. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 13 of 14 Public Works Director Brown stated that there are a few items that still need to be completed and noted that the wellhouse is still off -line. He noted that the needed equipment should arrive in February so he expects the project to be completed by mid - February. City Engineer Fauske noted that the Minnesota Environmental Quality Board has put together some recommended changes including the threshold for the environmental assessment worksheet. She stated that the Wetland Conservation Act already governs that and staff is working on presenting a letter with comments to present to the Minnesota Environmental Quality Board expressing the opinion that it may be onerous and repetitive. City Clerk Thone encouraged the Council to come down to the Shorewood Community and Event Center to take a look at the aesthetic changes they have made. She noted that there was a class held there earlier today that was limited to ten people but fifteen people were interested and three of them found out about the class through the electric signage. Mayor Zerby noted that the sign appears to only have one message per day and would like to see it rotate through numerous messages, if possible. City Administrator Lerud encouraged the Council to volunteer on Friday evening, January 18, 2019 at the Shorewood Community and Event Center and to let Twila or himself know. He noted that currently there are four topics for the retreat: Review the 2018 Goals and Progress, City Infrastructure, Staffing, and Shorewood Community and Event Center. He asked that the Council let him know if there were other topics that they would like to see included. City Attorney Keane stated that he would be willing to assist City Engineer Fauske with the letter to the Environmental Quality Control Board. She stated that she has been hearing a lot about how bad the City's mail delivery is. She stated that she had spoken with staff and there is really nothing that can be done. She asked if the other Councilmembers have been seeing problems with mail delivery in their areas. She stated that the issues she has heard about are that they are completely bypassing areas and not stopping, even when the flag is up on the mailbox. Councilmember Johnson stated that he concurs and noted that many times he does not get his agenda packets until after the meeting has already been held. He stated that he has had mail delivered to Minnewashta School quite frequently. Councilmember Labadie noted that she had not had those specific issues but her mail delivery has gotten continuously later in the day. She stated that she has also received many pieces of mail that do not belong to her. She stated that she has physically taken them back to the post office to explain and noted that some of them have appeared to be very important documents. Councilmember Sundberg asked City Attorney Keane if the City had any recourse with the U.S. Postal Service. City Attorney Keane stated that action could be taken through the elected Congressional Representatives. Councilmember Sundberg asked that the City put together a letter to send to our representatives, the State Postmaster, and the Excelsior Postmaster. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JANUARY 14, 2019 Page 14 of 14 Councilmember Johnson noted that the trash in his neighborhood is also not being picked up until well after 6:00 p.m. Mayor Zerby gave a brief update on the recent Police Board Meeting. 11. ADJOURN Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of January 14, 2019, at 9:20 P.M. Motion passed 5/0. ATTEST: Sandie Th6ne, City Clerk