Loading...
07-13-20 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 13, 2020 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Labadie called the meeting to order at 7:00 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood City Council met via electronic means. A. Roll Call Present. Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: Mayor Zerby B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote — ayes — all. Motion passed 410. 2. CONSENT AGENDA Acting Mayor Labadie reviewed the items on the Consent Agenda. Sundberg moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from June 22, 2020 B. Approval of the Verified Claims List C. Appointment of Tim Kosek to LEO - Utilities position D. Approval SLMPD - Excelsior Dock Patrol Agreement E. Approval of 2020 City Code Update Supplement S -15, ORDINANCE 572 "An Ordinance Enacting and Adopting the 2020 S -15 Supplement to the Code of Ordinances for the City of Shorewood Minnesota, and RESOLUTION NO. 20- 068, "A Resolution Approving Publication of Ordinance 572 Enacting and Adopting the 2020 S -15 Supplement to the Code of Ordinances for the City of Shorewood." Roll Call Vote — ayes — all. Motion passed 4/0. 3. MATTERS FROM THE FLOOR Ron Zenk, 5435 Timber Lane, noted that he had submitted a petition to the Council from all property owners along Timber Lane requesting a permanent barrier and parking signs that reserve parking for Timber Lane residents and guests. He stated that this is an older matter that the Council dealt with in 2016. He stated that there is a Tonka Bay resident that continues to use the access point from Timber Lane as a driveway into his backyard, even though the Council had turned him down for an incidental use of right -of -way. He stated that it is beyond the occasional use in the spring and fall and has become a routine practice to use this access point. He stated that he had spoken with City Administrator Lerud and put up assign that stated, "Timber Lane Guest Parking ". He explained that sign disappeared last week, and a new sign appeared that said, "Please Do Not Block Our Driveway ". He stated that this resident already has a full driveway with eight -foot setbacks on both sides of his house as well as easy access to his backyard. He stated that none of the other residents in the neighborhood have two driveways. He stated that he believes the neighbors have done what they can and have been very patient and are now requesting that the Council direct staff to look at installing a permanent barrier to prevent vehicle access into the backyard from Timber Lane into Tonka Bay and, if possible request that the parking be designated for Timber Lane residents and their guests. Acting Mayor Labadie stated both she and Councilmember Johnson went out and looked at the site. She asked Councilmember Johnson and City Administrator Lerud to weigh in on the situation. Councilmember Johnson stated that he visited the site on July 4, 2020 and the cul -de -sac was full of cars that he assumes were guests. He stated that he did see the sign that said, "Please Do Not Block My Driveway" and felt it seemed out of place. City Administrator Lerud noted that the e -mail he received from Mr. Zenk, did not have a petition attached and asked for him to resend that information. He stated that this has been an ongoing issue since 2016 when the property owner in Tonka Bay was denied an incidental use of right -of- way permit by the Council. He explained that this resident subsequently applied for a driveway permit, but no action was ever taken on it. He stated that staff has been over there and according to the neighbors the use has increased. He stated that staff's opinion is that the expense for a guardrail or barrier would be too much for just two properties and noted that putting boulders or trees is something that the city has been getting away from because it effects maintenance and plowing. He stated that if the use of his access point has increased to more than just once or twice a year, the City can follow up on that or can take other direction that the Council may give. Councilmember Johnson stated that he stuck his head into the access a little bit, and it looks like there is some sort of hobby farm activity that is happening which is what the access appears to be used for. City Administrator Lerud stated that he has forwarded pictures of the two signs that were put up to Tonka Bay and has asked Tonka Bay to review their ordinance and follow up. Councilmember Siakel stated that she also looked at the area and remembers talking about this years ago. She stated that the situation has not changed and clearly, they have created a driveway that empties onto Timber Lane and it is a mess. She stated that she is somewhat unclear as to where the boundary is between the two cities. She stated that the City is presently looking at our fire lanes and have discussed some ways to restrict motorized traffic and asked if something similar could be done in this situation. She stated that it is clear this neighbor is misusing this access onto Timber Lane. City Administrator Lerud noted that he had informed Mr. Zenk that parking is allowed all the way along the west side of the cul -de -sac, so there is no parking prohibition. Councilmember Sundberg stated that the City has been dealing with the situation for years and this resident obviously does not respect the rights of others. She stated that she is okay with our putting some sort of a barrier in there and just living with the inconvenience for the utilities in the area. Acting Mayor Labadie asked if City Administrator Lerud had any suggestions for actions the City should take moving forward. City Administrator Lerud stated that he thinks staff should have a conversation about what the possibilities are in this situation and get back to the Council by the next meeting. Councilmember Sundberg stated that she would encourage staff to do something more aggressive. Gretchen Piper introduced herself to the Council and stated that she is a candidate for Minnesota State Senate in District 43. She stated that she currently lives in Wayzata and grew up in Hamel. She stated that she has spent most of her life in this area and explained that both she and her kids attended Orono schools. She stated that she completed her MBA at the University of Minnesota. She stated that she thinks it is important for a Senator to represent our values and be willing to put their shoulder to the wheel for the work that needs to be done in the local communities. She stated that she is running because she does not feel that is happening right now nor are the community values being represented in the State legislature. She shared examples of some of her work experience and stated that she sees herself as a moderate that will be able to work across party lines to accomplish the important business of our State. She stated that she welcomes any questions or feedback and encouraged people to reach out to her. She thanked the Council for letting her have some time at the Council meeting. Councilmember Sundberg asked about her interest in elder care. Ms. Piper stated that she recently worked with Lutheran Social Service and they utilize a model of volunteer assistant to the elders as well as some professional care. She stated that most of her experience is on the care side of the equation. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS-NONE 7. PLANNING - NONE 8. ENGINEERING /PUBLIC WORKS A. Amendment to Professional Service Agreement, Barr Engineering for Grant Street Drainage, City Project 18 -04 Public Works Director Brown explained that on June 10, 2019, the City approved an agreement for professional services with Barr Engineering to perform hydrological analysis for the Grant Street project. He reviewed the original components and parameters of the agreement. He stated that the City purchased a parcel on Grant Street, demolished the existing structure and had hoped to construct a stormwater pond on a portion of the parcel and sell off the remaining portion as a buildable lot to try to recoup some of the project costs. He explained that Barr Engineering has studied this drainage issue at length and found that the addition of the proposed upstream storm sewer gets water there faster than it does today. He stated that permitting agencies looked at the results of this drainage study and it turns out that the proposed pond will not able to contain the entire one - hundred -year event as well as a few other critical design frequencies. He noted that if the City expanded the proposed pond, it would require a dramatic amount of grading because it is near the upland areas of the parcel and would not be cost effective. He stated that they held a meeting with all the permitting agencies as well as the City of Excelsior and decided to look at alternative options. He stated that staff looked and would like to identify upstream areas for possible retention of stormwater to meet the 100 -year frequency discharge rates downstream, specifically consider expanding the Our Savior's Lutheran Church stormwater basin. He stated that staff would like to approach the church about this option and as part of this situation offer that the City would take over the maintenance agreement with Minnehaha Creek Watershed District. He explained that although the solution appears viable, it is outside the study areas of the initial proposal and will need additional surveys, soil borings and hydraulic analysis. Staff recommends proceeding with this amendment. Councilmember Siakel expressed her support for this amendment. Councilmember Sundberg stated that she echoes that support and noted that this has been an ongoing serious problem for the area residents, and she is in full support of this proposal. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20 -069, "A Resolution Accepting and Amendment to the Proposal for Professional Services from Barr Engineering for Engineering Services for the Grant Street Improvement Project, City Project 18 -04." Roll Call Vote — ayes — all. Motion passed 4/0. B. Professional Services Agreement, WSB and Associates for Construction Inspection and Engineering Services, Woodside Road /Lane Reconstruction, City Project 19 -04 Public Works Director Brown stated that on April 27, 2020, the Council approved plans and specifications and authorized for advertisement for bids for the Woodside Road and Woodside Lane reclamation and watermain extension project. He stated that the City had received bids on June 11, 2020 and awarded the contract to New Look Contracting on June 22, 2020. He explained that staff had solicited a proposal from WSB and Associates for engineering services associated with this project and noted that the City's own street inspector will be assisting with these services. He stated that this project will continue under the review of the Minnesota State Archaeologist, the Minnesota Indian Affairs Council, and the Minnesota State Historical Preservation Office and will continue to be on site during the construction process. He noted that he expects this project to come in well under budget. Councilmember Johnson stated that he would like to see the trend of projects coming in under budget to continue. He stated that he believes this is the fourth project in a row that has come in under budget. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20 -070 "A Resolution Accepting a Proposal for Professional Services from WSB for Construction Engineering Services for the Woodside Road and Woodside Lane Project, City Project 19 -04." Roll Call Vote — ayes all. Motion passed 4/0. C. Professional Services Agreement, WSB and Associates for Construction Inspection and Engineering Services, Enchanted and Shady Island Reclaim, City Project 18 -11 Public Works Director Brown stated that the Council approved plans and specification and authorized advertisement for bids on April 27, 2020. He stated that bids were received on Thursday, June 16, 2020 and the project was awarded on June 22, 2020 without the bid alternate. He stated that similarly to the previous agenda item, staff solicited a proposal from WSB to perform the construction engineering. He stated that this project will also continue under review of the Minnesota State Archaeologist, the Minnesota Indian Affairs Council, and the Minnesota State Historical Preservation Office and will continue to be on site during the construction process. He stated that he also expects this project to come in well under budget. He noted that Enchanted Point will not be included in this project based on feedback of the residents and will have an otta seal treatment, later, as part of a separate contract. Councilmember Siakel asked when the otta seal would be completed and whether it would be a major expense. Public Works Director Brown stated that the City would probably do the otta seal in the fall of the year and noted that it is a minor expense, similar to sealcoating. Councilmember Siakel expressed her appreciation for staff working with the residents to find a solution that they are happy with and noted that she will support this. Acting Mayor Labadie stated that she also feels Public Works Director Brown did a great job and feels that this highlights that when residents come to the staff and the Council with their concerns, they are listened to and sometimes the City alter plans. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20 -071 "A Resolution Accepting a Proposal for Professional Services from WSB for Construction Engineering Services for the Enchanted and Shady Islands Street Reclamation Project, City Project 18- 11." Roll Call Vote — ayes — all. Motion passed 4/0. 9. GENERAL /NEW BUSINESS A. Calling for Bond Sale for Projects City Administrator Lerud stated that the Council approved the Street Reconstruction Plan in May of 2020. He explained that the CIP proposes to use bond proceeds to fund a majority of the work which means the next step is calling for a bond sale. He stated that the original plan was to consider a sale in the third quarter, however the current environment is very favorable, so staff is asking Council to consider it now. Shannon Sweeney, David Drown and Associates, gave an overview of the details of how a bond sale would work in relation to the five -year Street Reconstruction Plan the City has adopted and the ten -year Capital Improvement Plan. He stated that they are recommending a 20 -year term on the project financing which is twelve years on street costs. He stated that the bonds would be callable any time after February 1, 2027. He noted that they recommend purchasing a Standard and Poor's Rating and reiterated that he thinks the current environment is very favorable to do the bond sale now. He explained the reasons behind adding the Smithtown Pond project to the mix and noted that he thinks this is good planning from both a financial and bidding standpoint. He stated that staff is asking the Council to initiate the bond sale process at tonight's meeting and noted that the interest rate will not be locked in until the award of sale on August 10, 2020 Councilmember Sundberg asked if Mr. Sweeney had any idea what the City's credit rating will be. Mr. Sweeney stated that he expects it to be, at a minimum, AA +. Councilmember Johnson applauded the addition of Smithtown Pond so the City can take advantage of the expected low interest rates. He asked about the Shorewood Oaks drainage connections and whether staff had been able to inspect the locations yet. City Engineer Budde stated that staff has not gotten to that point yet or been able to confirm the depth of the connections that was discussed at the last Council meeting. Councilmember Johnson asked what flexibility the City should be putting into the bond understanding that there may be overruns that are not anticipated. Mr. Sweeney stated that they already have contingency built into the project costs for each of the projects. He noted that the City also can cover some of the contingencies with the available cash balances in the funds as well. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20 -072, "A Resolution Providing for the Competitive Negotiated Sale of $7,500,000 General Obligation Street Reconstruction and Utility Revenue Bonds, Series 2020A." Roll Call Vote — Ayes — all. Motion passed 4/0. B. Presentation by Tim Litfin, Minnetonka School District Tim Litfin, Minnetonka School District, shared information on Tour deTonka which was scheduled for the first Saturday in August. He explained that due to COVID -19, it has been cancelled. He stated that they expect to be back strong next year. He stated that to help local food shelves, they have created a virtual event for a much lower fee. He noted that the entry fee will go toward the local ICA food shelves and participates will receive a Tour deTonka face mask. He noted that there are already about two hundred people signed up for the virtual event. He stated that as far as community education goes, there will be a catalogue but they are awaiting direction from the governor to see what the school year will look like for K -12 and they will adjust their offerings accordingly. He is hoping that the catalogue will be in mailboxes by August 15, 2020. Acting Mayor Labadie thanked Mr. Litfin for community educations efforts to adjust their offerings due to COVID -19 and noted that she understands the efforts that have gone into this community effort. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that crews are in the thick of working on a lot of trees that need trimming and road patching. Councilmember Johnson thanked Public Works Director Brown for looking into the situation on Covington Road near Vine Ridge Road. City Engineer Budde stated that the surveyors in the area around Strawberry Lane should be wrapping up in the next week or two. City Clerk Thone stated that candidate filing packets for the three seats will be available on July 17, 2020. She noted that there will be hard copies of the packets at City Hall, but they will also be available electronically through the website. She stated that candidate filing will be handled a bit differently this year and explained that they will ask the candidates that would like to file call and make an appointment with City staff rather than just showing up. She explained the filing fee or the petition in lieu of the fee process and noted that it can be done electronically. She stated that filing will open Tuesday, July 28, 2020 through August 11, 2020. She stated that there has been a significant number of election judges drop out due to concerns about COVID -19, so they have been working hard to staff their polling places. Councilmember Johnson asked if face masks are required when visiting City Hall. City Clerk Thone stated that staff are all wearing face masks and there is a sign out front that asks people to wear a mask when they enter City Hall. She explained that if people do not have their own, the City can provide one. She stated that the election judges will also be wearing masks and they plan to put up signs asking people to wear masks into the polling places as well. City Administrator Lerud stated that Governor Walz released the CARES funds a few weeks ago and set up a process for the City to claim its share which is about $579,000. He stated that he is hoping to have a report to the Council on the use of these funds by the next meeting or so. He stated that for the past few months, staff has been looking at the amount that the City of Excelsior bills the City of Shorewood for sewer conveyance from the 1991 agreement between the two cities. He stated that this review shows that it appears as though the City has been overpaying. He stated that he will keep the Council updated as they continue looking into this issue. Councilmember Siakel asked about fire lanes and confirmed that the Council can tour them individually rather than in a group tour. Planning Director Darling noted that fire lanes one through eight have been staked and are clearly marked. She stated that fire lanes nine and ten should be finished up before the end of week. Councilmember Johnson asked if there had been further discussions with the City of Excelsior on some of the other things that have been raised from the meeting he attended regarding collaboration with Shorewood. City Administrator Lerud stated that there have not been any additional discussions on this issue. Councilmember Johnson noted that one of the ideas raised at a recent Excelsior City Council work session meeting was the idea of a subcommittee that consisted of two members from Excelsior Council and two members from Shorewood Council. He stated that he would like to see this in play sooner rather than later. City Administrator Lerud asked if there were volunteers from the Council to participate in this subcommittee. Councilmember Johnson stated that he and Mayor Zerby are both interested in serving on this subcommittee. B. Mayor and City Council Acting Mayor Labadie stated that she had attended the meeting to try to finalize the budget for the Excelsior Fire District and noted that it will be brought back to the City when it is completed. She noted that one thing she found interesting from the last meeting is that the Excelsior Fire District is treating every call that comes in as a COVID -19 response call. City Administrator Lerud stated that he believes the budget is very close to be completed and expects it to be presented soon. Councilmember Johnson asked if every call is being treated as a COVID -19 call whether that meant they are using new PPE for every single call. Acting Mayor Labadie stated that was the impression she got at the meeting but would have to confirm that with Chief Mackey. Councilmember Johnson stated that he hopes that they are looking at their policies with consideration of the PPE shortage at hospitals. Acting Mayor Labadie discussed quarantine policies if one of the responders comes into contact with a COVID-19 patient. Councilmember Johnson stated that he will reach out to Chief Mackey to get answers to his questions. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 13, 2020, at 8:19 P.M. Roll Call Vote — ayes — all. Motion passed 4/0. r✓ ATTEST: Sb- tt Zerby, A�Ya or c Sandie Thone, ity Clerk