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10-15-19 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 15, 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, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and Project Manager Koscielak Absent: None B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 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 Minutes from September 23, 2019 B. City Council Regular Meeting Minutes of September 23, 2019 C. Approval of the Verified Claims List D. Approval of Tobacco Retailer Licenses, RESOLUTION NO. 19 -093, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products." E. LMCIT Liability Waiver form, RESOLUTION NO. 19 -094, "A Resolution Electing to Not Waive Statutory Tort Limits for Liability Insurance." F. Approval of Three Rivers District Winter Use Permit, RESOLUTION NO. 19- 095, "A Resolution Approving the Three Rivers Park District Winter Use Permit." G. Pledge of Allegiance H. Approval of Property Restriction for a Portion of Badger Park, RESOLUTION 19 -096, "A Resolution Approving Badger Park Deed Restriction CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 16, 2019 Page 2 of 6 Requirements for the Department of Natural Resources Outdoor Recreation Grant." Motion passed 5/0. 3. MATTERS FROM THE FLOOR - NONE 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS -NONE 7. PLANNING A. Variance for Front and Bluff Setbacks, Refined Remodeling, Inc. for 5875 Ridge Road Planning Director Darling gave an overview of the variance request and noted that the applicant has requested a front and bluff setback in order to construct additions to the home and garage for the homeowner's changing medical needs. She explained that the entire property is located within a bluff. Staff and the Planning Commission recommend approval of the request based on the findings, that the criteria for the variance have been met, and that it is the minimum variance necessary to alleviate the practical difficulty. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 19 -097, "A Resolution granting variances for property located at 5875 Ridge Road, subject to conditions as listed in the staff report." Motion passed 5/0. 8. ENGINEERING /PUBLIC WORKS - NONE 9. GENERAL /NEW BUSINESS A. Engineering Firm Proposal and Interview Follow -Up City Administrator Lerud explained that over the last few months, the Council has interviewed and gathered information regarding three engineering firms. He stated that staff has concluded that all three firms considered have the technical skills and resources to adequately provide engineering services to the City so the ultimate decision will be up to the Council. Councilmember Sundberg stated that she comes back to the cost and noted that there is a substantial difference between WSB and the other two firms. She asked City Administrator Lerud to explain how the retainer process works. City Administrator Lerud explained that the relationship the City has with the retainer is fairly unique. He stated that Bolton & Menk and Stantec were asked to submit what would be required to provide dedicated hours for staff here at City Hall. He stated that they were not given the option to charge back any of the work that they may do on other projects during that time. He stated that he does believe that there is work that will be done that will be charged to other projects. He stated that in the staff evaluation, they found that the cost of the engineering services will be CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 16, 2019 Page 3 of 6 relatively competitive with each other over the course of a year. Councilmember Siakel asked if the City would be able to negotiate some of these costs. City Administrator Lerud stated that the plan is to negotiate once a firm is selected. Councilmember Sundberg stated that she is not understanding the apples to apples comparison. Councilmember Siakel stated that there is not an apples to apples comparison, which is why it is confusing. She stated that she is leaning towards the Council choosing a firm and leaving staff to work on negotiating the details surrounding the fees. She stated that in her opinion, this decision is more about staff and Council and residents feeling that the engineering firm that the City has on board is the one that can meet the needs of the City. She stated that while she appreciates the work done by WSB in the past, she is in favor of making a change. She stated that she is in favor of choosing Bolton & Menk and having Andrew Budde as the City Engineer. She gave an overview of why she feels that Mr. Budde is the best fit for the City. Councilmember Sundberg asked who would be senior to Mr. Budde and to what degree he would be involved with the City's work. City Administrator Lerud stated that Dave Martini would be senior to Mr. Budde. Dave Martini, stated that he believes Mr. Budde is competent to handle all the City's day to day needs, however, he would be involved to whatever extent may be necessary. He reiterated that they are confident that Mr. Budde will be able to take care of the City's day to day issues without any problems. Councilmember Johnson stated that he is not opposed to making a change. He asked whether the Council should be taking the Grant Street situation into consideration. He asked if all the legal issues had been resolved. City Attorney Keane stated that as far as he was concerned the City has managed it through its next steps and does not see any decision impacting future alternatives to the situation. Councilmember Labadie stated that she agrees with Councilmember Siakel that it would be beneficial for the City to have fresh eyes in this position. She stated that she also felt that Mr. Budde interviewed well and noted that she liked that he attended one of the Council meetings after the interview process. She stated that she also felt that the candidate with Stantec was also competent. She stated that while she would feel comfortable with either candidate, she was leaning towards Mr. Budde with Bolton & Menk. Mayor Zerby stated that he has been very pleased with the work from WSB in the past. He stated that there have been some challenges over the last few years that have made it difficult to work with WSB. He stated that he has heard from both Councilmembers and residents that trust for WSB has been broken for a while. He stated that he understands that WSB has worked hard in the last few months to regain the City's trust, however, he could support a change as well and could support either of the other two firms. Councilmember Sundberg stated that she thinks all three firms could do a good job, but is uncomfortable not having a better and more clear financial picture before a choice is made. She asked if the City could get that information before making a decision. City Administrator Lerud stated that there will be a contract, so the Council would have that information before making a final decision. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 16, 2019 Page 4 of 6 Councilmember Siakel stated that she does not think there is a huge cost difference so she feels it comes down to what the Council thinks is best for the City. She reiterated that she feels Bolton & Menk best fits the needs of the City. Siakel moved, Labadie seconded, to direct staff to enter into negotiations with Bolton & Menk to provide engineering services for the City with the contracts to be ready by the first Council meeting in December. Councilmember Sundberg stated that she will oppose this motion because she is uncomfortable with only negotiating with one firm, so there is not an accurate comparison between the other two firms. Motion passed 4/1 ( Sundberg). 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. August General Fund Report Finance Director Rigdon gave a brief overview of the August General Fund Report. He noted that licenses and permits are currently at one - hundred fifty -four percent of budget. He stated that expenditures are very close to budget so he expects the City to be in a positive situation by the end of the year. 2. Investments 3rd Quarter 2019 Report Finance Director Rigdon noted that the City's investment policy has been in place since 2013. He reviewed the details of the investments and noted that there has been a slight decrease in the yield due to the current market conditions. He stated that there is approximately $150,000 in earned interest thus far this year. 3. MNDCP Employee Option City Clerk Thone stated that this item is an informational item that offers a second option for retirement investments for employees with the Minnesota Deferred Compensation Plan ( MNDCP). Other Public Works Director Brown stated that on September 23, 2019, staff was directed to begin pumping Mary Lake on a twenty- four -hour basis. He stated that the pump has been installed and has been pumping for twenty -one full days and the elevation has been dropped by one foot. He stated that he believes the level will be dropped down to the perceived high -water line well before the permit with Hennepin County expires. Mayor Zerby thanked Public Works Director Brown for his creative solution in rerouting this water and asked if he had thoughts on the driveway restoration for the two homes at the end of Elder Turn. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 16, 2019 Page 5 of 6 Public Works Director Brown stated that when the water level drops further, the City will be restoring the affected driveways before freeze up. He stated that there was also a virtual meeting of the DNR, Minnehaha Creek Watershed District and Barr Engineering to discuss the permanent solution to this issue. Councilmember Johnson stated that a resident had passed along a question to him. He stated that they wanted to know that by the time the City gets to the level back to the ordinary high -water line if there would once again by three bodies of water, as opposed to one. Public Works Director Brown stated that he does not have an exact answer yet because there are still additional surveys that need to be completed. He stated that per the DNR, there has never been a high -water line or an ordinary high -water line established for Mary Lake. He stated that the City has requested that this be established and hopes to have that answer back from the DNR in the next month. He stated that he expects the City to pump Mary Lake down about another foot. Mayor Zerby stated that he received a few calls regarding the potholes on Sweetwater. Public Works Director Brown stated that Project Manager Koscielak had the most up to date information on that area. Project Manager Koscielak stated that she spoke with the contractor today and assuming the rain stops, will start the milling operations for all of the streets identified for the 2019 mill and overlay projects on October 16, 2019. She noted that it also includes going over Sweetwater Curve and removing the segment of potholes referred to by Mayor Zerby. She stated that the paving operations may start as early as Thursday afternoon. Planning Director Darling highlighted the work that was done at the painting party for the hockey boards at Cathcart Park. She thanked the following volunteers: M Carlson Painting — Jamie, Grant, Kyle, Shanna, Matt and Candace; Gloria Aaranson; Lance Detrude; Dave and Zach Eisenmann; Tim Keane; Jennifer Labadie; Rick and Julie Moore; and Ed Rock and family. She stated that M Carlson Painting was amazing and supplied additional supplies and equipment as well as doughnuts and coffee for the volunteers. Planning Director Darling gave an update on work that has happened at Freeman South Park playground. She stated that it is ready for the new equipment and noted that the engineered wood fiber should be installed sometime within the next two or three weeks. Planning Director Darling stated that most of the subsurface work has been completed at Badger Park. She stated that the restroom facility is up and the shelter building should be up this week. B. Mayor and City Council Councilmember Siakel asked that staff bring back an item to the Council to discuss enforcement of the code regarding fire lane access. She stated that she would like there to be a monument at Birch Bluff Road that states it is pedestrian only before the winter season ensues. She stated that she would like the City to enforce the code that is currently in place and then take some time to review the whole fire lane issue. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 16, 2019 Page 6 of 6 Mayor Zerby stated that he attended a meeting hosted by the Chamber of Commerce regarding the Minnehaha Steamboat and ways to take the boat in and out for storage. He explained that this service had previously been donated but that will no longer happen at that location, so there are some concerns about how this will be resolved. He stated that the meeting was well attended and was essentially a listening session so people could start thinking about the issue and try to come up with a solution. He stated that he also attended the Fire and Police Open House that was also well attended despite the rain. He stated that he would also like to see the City conduct a Public Works Open House in conjunction with this event. Councilmember Johnson noted that he had stopped into Public Works recently with his daughter and she got an impromptu tour and loved it, so he agrees that there would be interest from the community. 11. ADJOURN Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of October 15, 2019, at 7:40 P.M. Motion passed 5/0. A TEST: - 7(jhc Sandie Thone, City Clerk