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09-23-19 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 23, 2019 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; 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: Councilmember Siakel B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes from September 5, 2019 B. City Council Regular Meeting Minutes from September 5, 2019 C. City Council Special Work Session Meeting Minutes from September 16, 2019 D. Approval of the Verified Claims List E. Approve Permanent Appointment of Nelia Criswell F. First AT &T Lease Amendment East Tower, Adopting RESOLUTION NO. 19- 086, "A Resolution Granting a First Amendment to Water Tower Space Lease Agreement by and Between the City of Shorewood and AT &T Wireless Services of Minnesota for Premises Located at 5500 Old Market Road." G. Approve Shorewood Community & Event Center Attendant CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 2 of 14 H. Approve 2020 LMCC Budget, Adopting RESOLUTION NO. 19 -087, "A Resolution Approving the Proposed 2020 Lake Minnetonka Communications Commission Budget." I. Authorizing Expenditure for Public Works Equipment, One Mower Motion passed 4/0. 3. MATTERS FROM THE FLOOR Dan Randall, Tonka Bay, stated that he is a caretaker for Woodside Cemetery and explained that there is a water issue on the south portion of the property. He thanked the City for taking a look at the situation and noted that whatever the City can do to address the situation will be appreciated. Public Works Director Brown stated that this area has an old field tile line that has given the City trouble for the last few years. He stated that he has asked Barr Engineering to include this area in the study they are conducting for the west end of the City. Mayor Zerby thanked Mr. Randall for the work he has done to maintain the cemetery and noted that he had visited the site and some of the headstones are underwater. Councilmember Labadie thanked Mr. Randall for reaching out to her and the City. She stated that was able to take a look at the cemetery after they spoke and has passed along her comments to City staff. 4. PUBLIC HEARING A. Vacate Drainage and Utility Easement — Leslie and Barbara Nelson, 20820 Radisson Road Planning Director Darling stated that the drainage and utility easement was acquired in 1983 as part of the Tingewood Subdivision. She noted that at some point, Lots Eleven and Nine were consolidated and the easement along the southside of Lot Eleven was never vacated. She stated that there was a home constructed over the ten -foot easement. She stated that the request to vacate the drainage and utility easement is being made by the property owners in order to clear the title for sale. She explained that after a search, it appears that only the property owners private telephone line is located within the easement area. She stated that staff is recommending that the applicants provide a standard drainage easement around the periphery of the property. Mayor Zerby opened the Public Hearing for comment at 7:08 p.m. There being no public comment, Mayor Zerby closed the Public Hearing. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 19 -088, "A Resolution Approving the Vacation of Drainage and Utility Easements for 20820 Radisson Road." Motion passed 410. B. Vacate Maple Avenue Right -of -Way, City of Shorewood Planning Director Darling stated that Maple Avenue is a one block public right -of -way that is essentially a gravel street that serves as a driveway for one home. She explained that the City has been maintaining the roadway, including both the gravel surface and plowing the driveway CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 3 of 14 for decades. She stated that staff is proposing to retain a drainage and utility easement over the entirety of the right -of -way to allow future maintains of the utility mains, reorient the driveway to Church Road, remove the unnecessary gravel, replace it with topsoil and seed, and vacate the right -of -way back to the adjacent property owners. She stated that if this right -of -way is vacated the roadway will no longer require public maintenance, and the utility mains can be adequately maintained with an easement. Mayor Zerby opened the Public Hearing at 7:12 p.m. Dan Peso, 6125 Church Road, stated that he is not opposed to the closing of Maple Avenue, but is concerned about water issues in the area. He stated that he does not care for how this issue was sort of sprung on the residents and how it has been handled. He stated that they received a letter in the mail that said they would receive a letter ten days later to let them know about the meeting where it would be discussed. He stated that as of September 13, 2019, nobody in the area had received a letter. He stated that it left a bad taste in his mouth in how this has been handled by the City. He stated that he had to call the City to find out about the meeting and ask whether the letter had gone out. Cliff Laughlin, 26505 Maple Avenue, stated that they will be directly affected by this change. He stated that Maple Avenue has been a public right -of -way for over forty years. He stated that they received a letter from the Planning Department that said, "due to staff time and the expense of maintaining this access" the City is actively planning to vacate this right -of -way. He stated that he would like to know what costs the City has incurred because in the past five years, there has been no maintenance of Maple Avenue other than snow plowing. He explained that he has personally been handling the other maintenance that has been necessary, such as filling pot holes. He stated that if the Council considers all the plans to remove gravel, put in topsoil and seed, rip out existing curbs and put in new driveways, it appears that the vacating costs will far exceed the maintenance costs. He quoted from a League of Minnesota Cities document regarding the requirements for vacating City streets. He stated that he does not see how vacating this right -of -way will benefit the public. He noted that there is also a fire hydrant on Maple Avenue which needs to have access maintained. He stated that if this easement is vacated, the City will not plow Maple Avenue and quoted from the Fire Code regarding retaining unobstructed access to fire hydrants at all times. He stated that he received an e-mail from the Fire Chief earlier today that states he will be working with the City to make sure that the access to this hydrant is maintained. He reiterated his question of whether there are any public benefits to vacating this right -of -way. He stated that the residents in the area think they would be losing benefits, not gaining anything with this proposal. He stated that he does not support the plans to vacate the right -of -way. He stated that he would propose that all the parties agree to a sunset clause that states that the project to vacate Maple Avenue will be set aside and the next time his property is sold, then the City can consider vacating the easement. He asked why there is such a rush by the City to vacate this right now. He thanked the Council for giving the residents time to share their concerns. Mayor Zerby thanked Mr. Laughlin for his service to the Country as a veteran and for doing all the research into this issue. Councilmember Sundberg stated that she also wanted to thank Mr. Laughlin for coming to the Council with a compromise alternative for them to consider. Councilmember Labadie thanked Mr. Laughlin for his service and complimented him on presenting the information so clearly and so respectfully. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 4 of 14 Lisa Hashbarger, 6090 Strawberry Lane, stated that she has lived in the City for about 8 years. She stated that one benefit that she could see to this vacation would be the possibility to affect the drainage in the area yards because water has been an issue for a long time. She stated that it had been mentioned that if the road were vacated, a swale could possibly be put in that could help with the water and mosquito problems that they have in their back yard. She stated that she wants to be a good neighbor, so if the majority of the neighbors decide that they do not want this vacated, she will support that as well. Patti Helgeson, 6120 Strawberry Lane, stated that she brought this to the City's attention in an attempt to do as Mr. Laughlin proposed and change this situation between property owners. She stated from her observation there has been an increase in pedestrian use in walking their dogs on this driveway which she believes is coming from the development in Chanhassen. She stated that when the snow plow come down Maple Avenue it is very loud and shakes the house. She stated that Ms. Hashbarger does have water problems and essentially has a lake in her backyard and water issues have affected the other properties in the area. She stated that there is already a drainage easement along Strawberry Lane, so there is a place for the water to be rerouted. Eileen Koehne, 25625 Park Lane, stated that she sold her home to the Laughlin's three years ago. She stated that she has lived in the City for 75 years and asked that Maple Avenue be kept as it is. There being no additional public comment, Mayor Zerby closed the public hearing at 7:30 p.m. Councilmember Sundberg asked about the water issue with the adjacent properties. Public Works Director Brown stated that this whole area is extremely flat and does not drain well. He stated that area is also being looked at with the Barr Engineering study. He stated that there has been twelve inches of standing water at the cul -de -sac at Church Road, because the City at the time, chose an inexpensive valley gutter that drained to the LRT ditch. He stated that there are ongoing issues with the LRT ditch. He stated that he feels strongly that there are areas of the City that have been dedicated to the City that should be turned back to the adjacent property owners for their highest and best use. He stated that he feels Maple Avenue is one of those situations. He stated that he has spoken with Mr. Laughlin and appreciates his willingness to consider a compromise which thinks it is a good idea. He stated that the cost to the City to maintain this is only about five hundred to six hundred dollars per year. He stated that the goal is for the City to be doing things that benefit the public at large and not spend time and money maintaining lands that just benefit one or two properties. He reiterated that he believes the compromise proposed by Mr. Laughlin is a good idea. Councilmember Sundberg asked about the fire hydrant issue. Public Works Director Brown stated that the fire hydrant will be maintained. Councilmember Labadie asked for City Attorney Keane's opinion on a sunset clause in a situation like this. City Attorney Keane stated that it may present some additional problems down the road because other properties may also change hands and may not be aware of the sunset clause. He stated that he thinks it is better to take this up again when those events take place. He stated that he has never seen a conditional vacation of this nature before. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 5 of 14 Councilmember Labadie stated that she had those same concerns. City Attorney Keane stated that his recommendation is that the City take this matter under consideration at another date, if they are not prepared to do so at this time. He noted that the statute requires that City initiated vacations require a four - fifths Council vote. Councilmember Sundberg stated that she is not in favor of this vacation and feels the City should let the property owner use it as they have used it for many years. She stated that it can be considered again in the future and explained that the cost to the City is nominal. Councilmember Labadie noted that one of the residents stated that she was told a swale may be able to be installed in this area if it is vacated. She asked if that was true and if there would be a possibility to alleviate some of the water issues. Public Works Director Brown stated that because the area is so flat, there is probably little elevation difference and it would be hard to put in a swale because it would be essentially like building a bath tub and does not think it would alleviate many of the problems in the area. Mayor Zerby asked if it would be legally possible to vacate the road, but still have the City provide maintenance and plowing of the easement until the property sells. City Attorney Keane stated that the City could maintain an interest in vacating the right -of -way for traffic purposes and keep it open for pedestrian access. He stated that continuing to maintain it on that basis would be an option. Councilmember Johnson stated that he is one of the neighbors that walks down Maple Avenue fairly often. He asked Planning Director Darling about the August 15, 2019 letter that stated that once a Public Hearing was set, the residents would be receiving a letter. He asked if the mailings were sent out or not. Planning Director Darling stated that the legal notices did go out, but the postal service must have delayed delivery. Mr. Pesos stated that he may have misspoke earlier he had not received notification at the time he had called the City on September 13, 2019 because he had not received the additional notification. Councilmember Johnson stated that he has seen the water issues in the area that go all the way up to the LRT property and explained that he is in favor of anything the City can do to resolve this situation. Councilmember Sundberg asked if vacating this roadway would solve the water problems. Planning Director Darling stated that vacating the roadway is not necessary to make changes to the area and it can be addressed via right -of -way or an easement. Councilmember Johnson read aloud from the League of Minnesota Cities that Mr. Laughlin had referenced that said a road can be vacated only when all the residents of the street abutting it on both sides have signed a petition. He asked for the legal opinion of City Attorney Keane on this issue. City Attorney Keane stated that Shorewood is a statutory City and in this case that is an important distinction. He stated that the City is bound by the strict provisions of operating as a statutory City. He stated that with a City initiated vacation can be passed with a four -fifths vote. Councilmember Labadie confirmed that because the City is a statutory city the signatures of homeowners abutting both side of the road do not matter in this instance. City Attorney Keane agreed and clarified that those rules are not applicable to a statutory city. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 6 of 14 Mayor Zerby stated that he thinks Mr. Laughlin should continue to have use of this land as he has for many years. He stated that the City needs to look at the drainage issues throughout the City and hopes that the ones in the area can be addressed. He stated that he thinks this issue needs more discussion. Zerby moved, Sundberg seconded, to Deny RESOLUTION NO. 19 -089, "A Resolution approving the Vacation of a portion of Maple Avenue ", AND direct staff to explore a way to capture the understanding that it will be vacated upon sale of the home at 26505 Maple Avenue. Councilmember Labadie explained that her vote in favor of denial is because this will have no immediate effect on the drainage issues in the area and because City Attorney Keane has advised against approving it with a sunset clause when the property sells. Mr. Laughlin asked if rather than calling it a sunset clause if there would be way to include this information in the written record of the Council's actions. City Attorney Keane suggested that staff have a discussion to consider the best way to memorialize the understanding rather than doing it on the fly. Mr. Laughlin stated that he just doesn't want this to get hung up on the verbiage if everyone agrees. Motion passed 3/1 (Johnson opposed). 5. REPORTS AND PRESENTATIONS 6. PARKS A. Commissioner Hirner Report on September Parks Meeting Commissioner Hirner gave a brief overview of the Park Commission meeting as reflected in the minutes from September 10, 2019. Councilmember Sundberg noted that the clover patch has been eliminated and asked if it was just a situation where grass had taken over. Public Works Director Brown stated that the City worked with a number of groups for that patch and from the beginning, it was not executed in a fantastic manner. He stated that it was initially overtaken by weeds and the pollinator group that the City worked with suggested that it be abandoned and just mown over. Councilmember Sundberg stated that her recollection was that volunteers would be utilized to keep the area weeded. She asked if the pollinator group had come back with any other suggestions for the City that may be easier to keep up. Public Works Director Brown stated that he is not aware of any other suggestions from the pollinator group. B. Freeman Park Skating Rink Discussion Planning Director Darling stated that this is a two -part discussion on the pay scale for rink attendants as well as if the rink at Freeman Park should be opened this year. She explained that the warming house was not able to be open last winter because no one was willing to work on Friday and Saturdays. The Parks Commission looked at the pay scale for attendants and rather than raising the pay scale, they recommend a bonus for working on Fridays and Saturdays. She stated that the Parks Commission also discussed the possibility of closing the Freeman Park rink CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 7 of 14 during this next winter. She reiterated that the warming houses at Freeman were not open at all last year because they could not find staffing to cover it. She explained that it cost the City $18,127 to open, close and maintain the rink at Freeman. She stated that the Parks Commission is in favor of not having ice at Freeman Park this year, but would like to take a look at ways the City can get it back in future years. Councilmember Sundberg stated that she thinks both recommendations make a lot of sense. Sundberg moved, Labadie seconded, to approve the warming house attendant bonus and to close Freeman Park ice rink for the 2019 -2020 season and look at ways to successfully get ice back in Freeman in future years, as presented by staff. Motion passed 4/0. C. South Shore Park Discussion Planning Director Darling stated that during the recent Park Tours, the idea was raised to consider selling South Shore Park and use the funds to support park development in other areas of the City. She stated that the Parks Commission is generally in favor of this idea and staff is looking for direction from Council on either to proceed with getting more information on the possible sale of this property or to study possible re -use ideas for the park. Councilmember Sundberg asked if it would be possible to move forward with both options so the Council could compare both options. Planning Director Darling stated that it will take a lot of staff time to develop the parks so there will be some cost involved. She stated that there should also be resident involvement in whatever facilities may be placed in the park. She expressed concern that if the City got input from residents into developing the park and then the City simply decided to sell, she feared that there would be resentment that their time was wasted. Councilmember Labadie stated that she thinks residents use parks that are not just in their immediate neighborhood. She stated that there is nothing at this park currently that would spark any interest from residents in going there. She stated that she would need a lot of persuasion to sell this land because the City will never be able to get more park land. She stated that she would prefer to just sit on it and hold onto it unless it could be proven that this money was absolutely needed for a project that it otherwise could not get. She reiterated that she would prefer to hold onto this land. She stated that she likes the ideas that have been generated for this space such as pickle ball, splash pads or expanding the community garden space. Mayor Zerby stated that he agrees with Councilmember Labadie and likes the idea of having green space in the City. He stated that he was personally involved with getting the skatepark put into this park which raised a lot of concerns from the senior community regarding the traffic in the area. He stated that he would not want to see this sold and have construction and new homes go into this area. Councilmember Johnson stated that he had raised this idea to the Parks Commission. He stated that every idea that was brought up for ways to repurpose the Park raised safety concerns for him because of the proximity to Highway Seven. He stated that the only value he saw at the park was the community garden which he thought may be able to be moved to an area of Manor Park. He stated that in order to make this park useable he thinks a lot of money will need to be spent. He stated that he thought of all the things in the CIP that are waiting for funding and thought perhaps CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 8 of 14 this might be a way to get some funds for other things. He stated that he does understand the advantage in having land over the long term. Councilmember Sundberg stated that she does not want to take any action right now and agrees that Highway Seven is an issue at this location. She stated that she thinks it needs more thought before the City considers selling it and does not think there is a rush. Mayor Zerby stated that he would like to see it continue to be used as a low maintenance park with the community garden and reiterated that he does not want to give up the land. D. Freeman Park South Playground Edge Control Planning Director Darling stated that that the playground has been demolished and the supports have been repainted. She explained that the new equipment has been delivered and is awaiting installation which cannot happen until the timber retaining walls are expanded. She stated that the City has received bids from landscapers for doing this work. Staff recommends accepting the low bid from Minnetonka Lawn and Landscape. Johnson moved, Labadie seconded, Approving RESOLUTION NO. 19 -090, "A Resolution Accepting an Estimate and Authorizing Installation of Edge Control for Freeman Park South Playground." from Minnetonka Lawn and Landscape in the amount of $6,753.35 for timber retaining walls at Freeman Park South. Motion passed 4/0. 7. PLANNING A. Report by Commissioner Gault on September 17, 2019 Planning Commission Meeting Commissioner Gault gave a brief overview of the September 17, 2019 Planning Commission meeting as reflected in those minutes. 8. ENGINEERING /PUBLIC WORKS A. Approve Professional Services Agreement for Hydraulic Analysis and Permitting for Mary Lake Outlet, Barr Engineering, City Project 19 -09 Public Works Director Brown stated that Council is very aware of the concerns with the water levels at Mary Lake. He stated that staff has proposed that an emergency outlet be constructed so that severe impacts to surrounding homes can be avoided. He explained that staff had met with the Minnehaha Creek Watershed District as well as the Minnesota Department of Natural Resources to look at possibilities and necessary permitting. He stated that staff has also met with both Barr Engineering and WSB and Associates. He stated that staff is recommending that Barr Engineering provide hydrologic and hydraulic analysis to determine the proper pipe size and location. He stated that staff is recommending that WSB work with a contractor on the design and construction documentation. He noted that staff has also been working with Ernie Mayers and Associates, a directional boring company, to lay out the pipe alignment. He stated that the first step in the process to address the water issues in the area is the work by Barr Engineering for the hydraulic analysis being discussed tonight. He noted that there will need to be permission and rights of entry given by the property owners in order to complete some of this analysis. Staff is recommending approval of this proposed agreement. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 9 of 14 Paul Nelson, 23950 Elder Turn, stated that he came to the City four years ago about what has been going on and was told it was just ground water. He stated that the lake is now about sixteen feet away from his house. He stated that this summer there was no way to get in or out of their driveways and thanked City Administrator Lerud for helping them find a solution to access their driveways. He stated that they have lost trees, replaced sump pumps, had water in their basement and all of this has cost them a fortune. He stated that he has concerns about what will happen this winter. He stated that this situation has been very emotional and frustrating. He stated that they do not want to lose their home or their land. He stated that he has not gotten any letters about what is happening with this situation. He stated that the only way he found out about this discussion was because his neighbor knew. He stated that he is frustrated with the Council talking about spending money to beautify the City when there are infrastructure problems like this going on. Anna Sandor, 23950 Elder Turn, stated that she also wanted to thank City Administrator Lerud for what he has done to help them be able to drive and walk in their driveway. She stated that the berm was added on July 3, 2019, but the water level has not stopped rising. She stated that her lot is about one point five acres and there is probably only about one -half an acre left of dry land. She stated that she is here to ask the City for help. She stated that the trees on her lot are about fifty years old and add value to her property. She stated that they have already lost about twenty trees and the others are dying. She stated that she spoke to a master gardener from the Arboretum yesterday who told her that once big trees start to die it is hard to stop them and standing in water is a big stressor. She stated that she wants help from the City to protect her home structure. She stated that their basement flooded two years ago and they have been asking for help from the City since then. She stated that this needs to be addressed quickly and cannot wait until next year. She reviewed some of the expenses that she has incurred over the last few years. She stated that she would like her land and driveway to be restored to how it was years ago. She stated that the City needs to look at the long -term drainage problems in this area and come up with a solution. Pat Niemi, 23895 Elder Turn, stated that she now rents out this property but has owned it since 1969. She stated that she has lost beautiful Norway Pines and currently has four trees that are dying because they are standing under water. She stated that she has called and written many letters to the City. She stated that she has notes of conversations dating back to October of 2005. She gave an overview of conversations that she had with City staff. She stated that she was told there would be an outlet constructed in April of 2006. She stated that half of the cul -de -sac is currently under water and explained that she has concerns about snow removal and the spring melt. She stated that one of her renters had a satellite dish installed twenty years ago on land that is now three feet into the water. She stated that they also lost a storage shed because of the rising water. She stated that this situation is truly an emergency. She stated that time is of essence and the area needs to be drained quickly. Mayor Zerby thanked the residents for their comments and is stated that he understands that this has been going on for some time and explained that the City is working to address it. He asked Public Works Director Brown to address how quickly some of the work that is planned will be able to take place. Public Works Director Brown stated that the ponds and the lake are acting as one because the water levels are so high. He stated that the City has been pumping the water and will continue to do so. He stated that in the past it has taken about two weeks, but the water has not been as high as it currently is. He stated that they have obtained a permit from the DNR to bring the water CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Pagel 0 of 14 level down to the ordinary high -water level. He stated that the hope is to keep pumping until it reaches this level and at then go in and remove the gravel that was put down for the driveways so there is a normal condition for winter conditions. Mayor Zerby asked if the water was still being pumped into Lake Linden. Public Works Director Brown stated that Lake Linden will not take on any more water. Mayor Zerby asked about the schedule for the Barr Engineering work to create an outlet and how it will work. Public Works Director Brown stated that staff met with the Minnehaha Creek Watershed District and the DNR to discuss this situation as well as what outside entities will have to be involved in this process. He stated that the intent of the outlet is to manage the flow that is a foot above what the water normally rests at. He stated that the goal of it is to get the City out of the high -water condition that the City has been facing for a number of years. Mayor Zerby stated that the staff report says the project will be completed in November. Public Works Director Brown stated that there will not be any construction completed this year. He explained that the hydraulic study by Barr Engineering should be completed by November of this year. He reiterated that the intent is to drain the lake down so it can weather through the winter and the spring melt. Mayor Zerby asked if there were any other alternatives to get this done more quickly and asked how quickly the water was being removed. Public Works Director Brown stated that staff has spent a lot of time looking at this and there is not another feasible alternative. He stated that there is not a flow meter on this pump but would guess that they are removing about three hundred to three hundred fifty gallons per minute. He stated that the City will continue to pump non -stop until it freezes up. Wade Neimi, stated that he is Pat Neimi's son and noted that right now they are not pumping any water at all. He stated that there is a big pump there, but it is not pumping. He understands that it is loud but asked if there was an option to find a quieter pump so the City really could pump twenty- four /seven. He stated that he would like to know where this water is coming from because prior to 2005, there were no water problems and would like to know what has changed, because they used to have to pump water into the lake. Public Works Director Brown stated that they have not been pumping on nights or weekends because there have been complaints about noise when they have pumped other projects. He stated that regarding what has changed, there are a number of basins that do not have outlets, and Mary Lake is one of them. He stated that water bodies go through a natural process and begin to fill in with sediment and erosion which begins to stop the natural percolation. Councilmember Sundberg asked if Public Works Director Brown had spoken to the residents in this particular area to see what their preference would be for hours of pumping and noted that they may be okay with longer hours of pumping because of the current water situation. Public Works Director Brown stated that he has had many conversations with the homeowners in this area but noted that the noise will affect the nearby neighborhoods as well. He stated that if he were to ask, he would get many varied opinions on what should be done. He stated that he could look into renting a sound attenuating pump to see if it can be run additional hours. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 11 of 14 Councilmember Sundberg stated that she thinks the City needs to favor the residents that are personally impacted by the high water and understand that there will be short term nuisance issues for nearby neighborhoods. Councilmember Labadie asked what days of the week the City is currently pumping and what hours. Public Works Director Brown stated that they are pumping Monday through Friday starting about 8:00 a.m. and the pump is shut down anywhere between 3:30 p.m. and 7:00 p.m. Councilmember Labadie asked if it was a timer or a manual shut off. Public Works Director Brown stated that it is a manual shut off and there are records kept as to the time it was turned off. Councilmember Labadie asked if the City would pump either additional hours or additional days if it could be done without the risk of flooding downstream. Public Works Director Brown stated that he does not have a clear answer to that question. He stated that his hunch is that if the City does not increase the volume, they can pump longer hours without causing a problem, but there are concerns and objections to this downstream. Councilmember Labadie asked about the objections he mentioned. Public Works Director Brown stated that there have been objections to pumping at all because by pumping, the City is altering the direction the water is going because it is not percolating through the bottom of the lake. Councilmember Labadie asked how many gallons would need to be removed in order to bring the water level down by an inch. Public Works Director Brown stated that they can come up with those calculations but suspects it would take five or six weeks of pumping. Councilmember Labadie stated that she agrees with Councilmember Sundberg that the City needs to take into account the impact on the immediate neighbors and suggested working something out to extend some of the pumping hours as long as the City is not flooding the downstream area. She stated that she is very nervous about what may happen if there is a monster snow fall again this winter. Mayor Zerby recessed the meet at 8:58 p.m. in order for the recording tape to be switched and reconvened the meeting at 9:00 p.m. Councilmember Labadie stated that she understands running the pumps for longer hours or on weekends may make the Council unpopular, but would suggest that the residents who complain be invited to the next Council meeting. She stated that at the meeting, the Council could defend their decisions and the residents that are directly affected by the water level could also speak up and explain that situation to those who do not like the noise. Pat Neimi, 23895 Elder Turn, thanked the Council because she really feels like they have listened to her both at this meeting and at the last meeting she attended. She asked if dredging would be possible to get rid of some of the sediment. Mayor Zerby stated that he is not the expert, but knows that the City has found that with other projects, most water bodies have been contaminated and dredging disturbs those materials, so it is not allowed. Public Works Director Brown stated that this is a DNR protected wetland and they will not allow the City to dredge the lake. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 12 of 14 Ms. Neimi asked if it would be possible to put numerous pumps at different locations around the lake so the water could be pumped in different directions. Public Works Director Brown stated that staff has spent many hours trying to find a path and the only feasible option is the one that they are looking at now with Barr Engineering. Councilmember Johnson stated that the Council does hear the concerns that are being raised and explained that he is in support of continuing forward with the Barr Engineering proposal to complete the first step of the process with the hydraulic study. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 19 -091, "A Resolution to Approve a Professional Services Agreement with Barr Engineering, City Project 19 -09." Motion passed 4/0. Councilmember Johnson stated that he has gone to this area to see the problem with his own eyes and noted that he would support the suggestion by Councilmember Labadie to extend the hours even if it means the Council needs to defend itself from complaints by other residents. He stated that he would also support renting a sound attenuating pump. Councilmember Sundberg stated that she agrees, but bristles at the idea of the Council having to defend themselves. She stated that the City needs to help these residents and the people who complain may have a time in the future when they will want the City to step in and help. She stated that she sees this as being the normal give and take of neighbors. Mayor Zerby asked if the Minnehaha Creek Watershed District would look into the question that was asked about where this water is coming from and the increased elevation since 2005. Public Works Director Brown stated that this issue is not isolated to just Mary Lake and noted that he feels it is very significant that this year looks to be the wettest year on record since 1859. He stated that he can ask the question but is not sure if there will be an answer beyond the rainfall amounts and the decreasing percolation rates under the lake. Councilmember Labadie asked if the Council should put forth a motion to extend the pumping hours or if this would be considered an emergency situation and the decision could be left to Public Works Director Brown. Public Works Director Brown stated that staff understands Council's direction. He stated that he will rent a pump tomorrow, if one is available, and will extend the pumping hours and days. 9. GENERAL/NEW BUSINESS A. Adopt the 2020 Preliminary General Budget and Levy Finance Director Rigdon noted that the Truth in Taxation Hearing will be held December 2, 2019 at 7:00 p.m. He gave a brief overview of the budget and levy and noted that it includes a 5.9 percent increase in the levy but the tax impact to homeowners may be less and should be closer to being between a range of 1.5 to 3 three percent. He stated that for a home valued at $600,000, a 5.9 percent levy increase would mean an increase in their property taxes of about $27 per year. He noted that once the preliminary budget and levy are adopted, they cannot be increased, but can be decreased. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 13 of 14 Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 19 -092, "A Resolution Adopting the Preliminary 2020 General Fund Operating Budget and Property Tax Levy." Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that the City is still facing a number of water issues. He stated the crews are working patching and flushing the water mains. He stated that this past weekend was fraught with a number of infrastructure hits from what appears to be lightning. He stated that two lift stations and two wells went down. He stated that they are all back up with the exception of Badger Well which is still having some issues. City Engineer Fauske stated that the contractor should be out the first full week of October to do the overlay projects. She stated that she has asked for a detailed schedule so the City will know what streets they will be working on and when and will make sure this information is communicated to residents as soon as it is received. Planning Director Darling stated that the rest room is underway at Badger Park and the shelter should be going up in mid - October which is about the time when the playground should be going in as well. City Administrator Lerud stated that the orientation for the deer management program was held on September 19, 2019 and five deer were taken last weekend and were all recovered. B. Mayor and City Council Councilmember Johnson stated that he had met with Joe Schneider to get an overview of the Holly Lane drainage situation. Planning Director Darling stated that she has been looking into the situation and believes that the City will take the traditional enforcement path. She stated that there was an inspector at the site however the improvements are too far into the property and cannot be seen from the road so they will have to make an appointment with the property owner to see if they will allow the City onto their property to inspect the issues. Councilmember Johnson noted that he thinks the issues can be seen from a nearby property also. He noted that a few weeks ago during Matters from the Floor, there was an individual who got up and spoke asking the Council to consider reciting the Pledge of Allegiance and for the most part, he felt the Council supported the idea. He asked what the next steps for the Council would be to start including that at every meeting. Mayor Zerby suggested that it be added to the agenda for the next meeting so the Council can vote on it. Councilmember Labadie stated that the Movie in the Park was a few weeks ago and noted that she was pleasantly surprised at how many people were there and it seemed as though all age groups were represented. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES SEPTEMBER 23, 2019 Page 14 of 14 Councilmember Sundberg expressed her appreciation to the staff because she feels they are doing a great job on all fronts. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of September 23, 2019, at 9:23 P.M. Motion passed 4/0. ATTEST: - //PIL Sandie Thone, City Clerk