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051407 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 14,2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Administrator Dawson; Attorney Keane; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, April 16, 2007 Callies moved, Wellens seconded, Approving the City Council Work Session Minutes of April 16, 2007, as Amended in Item 2, Page 1, Paragraph 2, Sentence 3, change "it was comprised of the major" to "it was comprised of the mayor". Motion passed 4/0/1 with Turgeon abstaining due to her absence at the meeting. B. City Council Regular Meeting Minutes, April 23, 2007 Callies moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of April 23,2007, as presented. Motion passed 5/0. C. City Council Work Session Minutes, April 23, 2007 Wellens moved, Callies seconded, Approving the City Council Work Session Minutes of April 23, 2007, as Amended in Item 3, Page 4, Paragraph 8, Sentence 1, change "Councilmember Woodruff stated it there was" to "Councilmember Woodruff stated that there was". Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, the Motions Contained on the Consent Agenda A. Approval of the Verified Claims List SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 2 of 11 B. Staffing - No action required C. Approving RESOLUTION NO. 07-032, "A Resolution Accepting Bid and Awarding Contract for Bituminous Seal Coating of Roadways." D. Authorizing the City Administrator to Enter Into an Agreement for Cleaning Services at Shorewood City Hall and Public Works facility E. Authorizing an Agreement for Rental/Property Management Services for 5795 Country Club Road (This item was moved to Item 8.A under GeneralINew Business) Motion passed 5/0. 4. MATTERS FROM THE FLOOR Kate Netwal. 25165 Glen Road, stated that seven property owners at the west end of Glen Road had signed a petition requesting that Glen Road west of Manitou Lane not be widened. A resident on Harding Lane also signed the petition. The residents think that widening of Glen Road would cause irreparable harm to existing tress, plants, and greenery and would mean lost habitat to birds and other wildlife. They also think that adding impervious surface to that area would exacerbate the existing storm water management concerns. Mayor Lizee stated the Amlee Road, Manitou Lane, and Glen Road Street Rehabilitation Project would be discussed under Item 10.A on the agenda. 5. REPORTS AND PRESENTATIONS A. Lake Minnetonka Conservation District (LMCD) Representative, Tom Skramstad Report on LMCD Activities Administrator Dawson stated that earlier in the year Council had requested it receive quarterly updates from the City's representatives on the Lake Minnetonka Conservation District (LMCD), the Lake Minnetonka Communications Commission, and the Lake Minnetonka Community Education Advisory Council. He stated LMCD Board Chair Skramstad was present this evening to provide Council with an update. LMCD Board Chair Skramstad provided an update on LMCD activities, as detailed 111 the report distributed to Council. In response to questions from Councilmember Turgeon, Mr. Skramstad stated that the law required property owners within 350 feet of a property requesting a dock permit would be notified of the request. The LMCD had considered increasing that parameter to 500 feet (which was the City's minimum parameter), but decided it would have to follow the law and be done consistently. if the LMCD could notifY the appropriate police department of cities to contact the resident. Director Nielsen clarified the City responded to those types of issues on a SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 3 of 11 complaint basis. Skramstad stated it may be possible for the LMCD to notifY the member cities of violations. In response to a question from Councilmember Woodruff, Mr. Skramstad stated that the LMCD had educated residents on aquatic invasive species at its Future of the Lake events. Skramstad stated that Mayor Lizee had previously asked that the LMCD bring programs on aquatic invasive species to the school systems. Woodruff suggested that be done throughout Hennepin County. Lizee noted that the LMCD had produced a television show that was aired and was available on DVD, it had produced a PowerPoint presentation that could be distributed, and that various boy scouts have indicated they would be willing to work with the LMCD to check for invasive species on boats and trailers. In response to a question from Councilmember Woodruff, Mayor Lizee stated that the Mayors Forum on aquatic invasive species had met twice, and one of the outcomes was the Minnehaha Creek Watershed District (MCWD) had scheduled a State of the Waters Summit for May 24,2007. She stated the Mayors Forum would continue to meet to discuss issues common to the lake communities. Mr. Skramstad stated that the LMCD approved funding to assist Greyson Hensley with implementing a voluntary safety flag program. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held May 8, 2007 Director Brown reported on matters considered and actions taken at the May 8, 2007, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon stated she would not be able to attend the 2008 Arctic Fever planning meeting scheduled for May 15,2007. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the May I, 2007, Planning Commission meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Authorizing an Agreement for Rental/Property Management Services for 5795 Country Club Road This item was removed from the consent agenda at Councilmember Wellens's request. Administrator Dawson stated he had distributed a modification to the with Home beneficial to the City. SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 4 of 11 Councilmember Wellens stated that from his vantage point Council had not decided that it wanted to rent the City-owned house located at 5795 Country Club Road; therefore he questioned why Council was being asked to consider an agreement with Home Leasing & Management, Inc., for rental/property management services. He stated because the City "more or less got burned" on its previous rental experience, he thought it would be more appropriate to determine how a similar situation could be avoided prior to renting the house again. He also stated he would like to see a complete rental contact before taking action. Councilmember Turgeon stated she also wanted to see a rental contract. She questioned if specific restrictions (e.g., no smoking, no pets, etc.) could be included in the rental agreement. Attorney Keane stated restrictions could be included. Turgeon asked that the agreement with Home Leasing & Management, Inc., be modified to be more specific with regard to the frequency of visits to the house by the company. Administrator Dawson explained that the company would visit the house to ensure items (e.g., the smoke detector) were in working order, and during those visits it could also assess the condition of the house. Councilmember Woodruff stated he would like to have the frequency of visits specified in the agreement. Turgeon questioned if the City could ask for both the first and last months rent to be provided upfront as well as a damage deposit. Mayor Lizee stated the City had chosen a company with experience in rental/property management services to assist with the rental of the house. She then reviewed excerpts from the minutes of the April 23,2007, City Council work session meeting in which Council gave Staff direction to ensure the house was brought into habitable condition, to find a rental management company, and to rent the house as soon as possible, and that there was consensus there was no need to micro-manage the effort. Mayor Lizee then recommended that the activities regarding the rental of the house be managed as agreed upon at the April 23, 2007, work session. Councilmember Callies stated she recalled that Council had given direction to the City Administrator to move forward with the rental of the house. She then stated the reason to contract with a rental/property management services company to rent the house was to eliminate the need for the City to manage the rental itself. There was ensuing discussion with regard to: adding more restrictions to the rental agreement and the impact of those restrictions; increasing the down payments; and the benefit of establishing a sub- committee to review and revise the rental agreement. Administrator Dawson clarified that the agreement before Council was an agreement for rental/property management services with Home Leasing & Management, Inc. The agreement would authorize the company to begin to assess the rental market for the house. The City would have the opportunity to review the final rental lease for the house before it was signed. Council could also terminate its agreement with Home Leasing & Management, Inc., for a cancellation fee of $300 if the City and the company could not agree on rental terms. Councilmember Wellens stated he would not support renting the City-owned house; the reason the City purchased the house was to have flexibility when evaluating alternatives for the future of City Hall. He then stated did not think the should be in the house rental business. He went on to state that the SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 5 of 11 collect) as a result of it's experience with renting the house to Ascending Praise Church for a Hurricane Katrina family; he did not want the City to repeat that experience at a cost to the City's taxpayers. In response to a question from Councilmember Callies, Administrator Dawson explained the agreement with Home Leasing & Management, Inc., would commence that evening if Council approved the agreement. In response to another question, Dawson stated the company was not willing to begin looking for a renter until the agreement was signed. Callies questioned if would be more appropriate to delay signing the agreement and renting the house until the future of City Hall had been resolved. Dawson stated at the last Council work session, Council directed Staff to move forward as quickly as it could in selecting a rental/property management services company. Councilmember Woodruff stated he thought a decision regarding the future of City Hall could be reached by late July or early August, and if that did occur nothing would be done to City Hall until 2008; therefore, he would support renting the house provided the rental agreement included an early termination clause at some cost to the City. Woodruff moved, Callies seconded, approving and authorizing the execution of the agreement for rental/property management services with Home Leasing & Management, Inc. Motion passed 4/1 with Wellens dissenting. 10. ENGINEERING/PUBLIC WORKS A. Approve feasibility report on Road Reconstruction and Water Main Improvements as part of Amlee Road / Manitou Lane / Glen Road Street Rehabilitation Project, City Project 07-01 Engineer Landini stated Council had been provided with the draft Feasibility Report for the Amlee Road, Glen Road, and Manitou Lane Road Reconstruction and Water Main Improvements Project which was prepared by WSB & Associates. The report addressed street improvements, storm sewer improvements, water main improvements, and sanitary sewer improvements. The report was prepared to help determine if the project was feasible and to define the scope of the project. Staff did not recommend that Council take any action on the report this evening; it suggested that Council delay action to after the May 29, 2007, Council work session when the Capital Improvement Program (CIP) would be discussed. He noted that Mr. and Mrs. Van, 24710 Amlee Road, had submitted a letter to the City (which he provided to Council that evening) which addressed their concerns with the report. Steve Gurney, with WSB & Associates, highlighted the draft feasibility report (as detailed in the report). ~ The project included the reconstruction of: 2,400 feet on Glen Road from County Road 19 to its west end; 400 feet on Manitou Lane from Glen Road to Amlee Road; and 800 feet on Amlee Road from Manitou Lane to its east end. ~ Water main would be installed on all of the project roadways (the section of Glen Road between County Road 19 and Manitou Lane would be directionally bored). Water services would be installed for all existing properties, and additional service connections would be installed for larger properties that could be subdivided. ~ External sealing projection systems (Infi-Shields) would be constructed on all sanitary manhole structures, which should prevent rainwater from infiltrating the sanitary sewer A 4-inch sewer service was to be added to oversized lots that could SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 6 of 11 ~ Storm sewer improvements are proposed that should reduce the possibility of flooding at backyard of the property 25735 Glen Road, and the backyards of the properties between the Hennepin County Regional Rail Authority (HCRRA) trail and Amlee Road. ~ The project was proposed to be done in two phases in order to provide access to all properties during construction. Amlee Road and Manitou Lane would be constructed in Phase I and Glen Road would be constructed in Phase II. A temporary access road was anticipated. The contractor would be required to maintain access to the existing houses at all times during construction. ~ The approximate cost for the project as proposed is $2.3 million, and that figure includes a 10% contingency and 25% indirect costs. The approximate cost for Phase 1 (the Amlee Road and Manitou Lane portion of the project) was approximately $1.0 million and the cost for Phase 2 (the Glen Road portion of the project) was approximately $ 1.3 million. ~ The funding sources for the proposed project were approximately: $1.3 million from the Street Fund; $20,000 from the Sanitary Sewer Fund; $515,000 from the Storm Water Utility Fund; and $425,000 from water main assessments to properties. There were 47 properties in the proposed project area that would be assessed, and the approximate assessment per property would be $9,000. ~ The proposed schedule for the project was reviewed: bids were scheduled to be received in December 2007; construction was scheduled to being in May 2008; and construction was scheduled to be completed in June 2009. ~ Permits from the Minnehaha Creek Watershed District (MCWD) and the HCRAA would take between 60 - 180 days to obtain, and they should be obtained as soon as possible. Director Brown reiterated that Staff was not requesting any action from Council this evening. Staff recommended that funding for this proposed project should be considered in conjunction with funding discussions for other road construction projects, and that discussion would occur during the May 29, 2007, Council work session with regard to the Capital Improvement Program (CIP). He clarified that approval of the feasibility report did not mean the proposed design was finalized. In response to a question from Mayor Lizee, Administrator Dawson stated Council could take action to indicate that it had received a draft copy of the feasibility report. Councilmember Turgeon questioned if Staff could contact those property owners who had not submitted their surveys for tabulation and those that had responded as "maybe" with regard to water main installation prior to the May 29 work session. Councilmember Woodruff requested that a comment in the executive summary of the report regarding the ability to accommodate runoff from a 1 O-year rainfall event be explained at that work session. Councilmember Wellens questioned if the property owners were contacted again with regard to water main installation, would that result in this project being handled differently from other projects. Director Brown stated that for a recent project the property owners had been surveyed three times, with a different version of a survey each time, per Council's direction. Councilmember Callies stated the reason for the feasibility study was to gain a better understanding of the estimated costs for a SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 7 of 11 Robert Michels. 5565 Harding Lane, expressed concerns and comments with regard to the feasibility report. The report appeared to be more of a proposal than a feasibility report because it did not contain any cost/benefit information. The report should state that it was an unbiased report and that WSB & Associates had no active interest in the project. The report should address the survey results of the property owners. The report did not specify why the project was necessary, feasible, and cost-effective - that statement was made in the executive summary. The statement in the executive summary that stated "runoff from the portion west of Manitou Lane currently discharges through a culvert and swale to the HCRRA trail" should be changed to "......... culvert and swale to the property located at 5570 Harding Lane", and the statement "the culvert is partially plugged with sediment" should be changed to "the culvert runs into the yard and in close proximity to the home on the property located at 5570 Harding Lane". The location of the temporary access road should be identified in the report. The address specified as 25735 Glen Road in Section 4.3 of the report should be changed to 25135 Glen Road. He then stated he did not understand Mr. Gurney's comment that a culvert would be added at the west end of the road; he wanted input into the installation of a culvert and he wanted to be surveyed with regard to the project. He noted that he already had drainage issues each spring. Wally Piroyan. 24845 Glen Road, stated he had just recently received information about the proposed project. He stated during an unrelated discussion in February 2007 he had asked Director Nielsen ifthere were any plans to expand Glen Road, and Nielsen stated there were not any plans to do that. He then stated his concerns and questions with regard to the proposed project (which were in addition to concerns expressed by Mr. Michels). The report did not address all the mature trees that currently exist along both sides of Glen Road. The report depicts that Glen Road would be widened to 28 feet; that would encroach on all of the properties on the south side of Glen Road (where there are many mature trees), and it would result in curb and gutter being located next to his old garage (which may be classified as historic). He questioned if his undeveloped lot (which was next to the property his house was on) would be assessed for the water main installation. He stated he was opposed to all aspects of the proposed project. He questioned if the feasibility report addressed the decrease in property values that would result from the loss of mature trees. He also questioned if the City could guarantee the improvements made as part of the proposed project would result in the elimination of his storm water concerns. He then questioned how the project originated. Mayor Lizee stated that the proposed project area had been under consideration for quite some time with regard to storm water drainage concerns. She stated a draft feasibility report was being discussed this evening, and would be further discussed at a May 29,2007, Council work session. Director Nielsen stated that when he met with Mr. Piroyan in February 2007 there were no reconstruction plans for Glen Road. Administrator Dawson clarified that Council had ordered a feasibility report for the Amlee Road and Manitou Lane Rehabilitation Project at its April 23, 2007, Council meeting and directed that the report be expanded to include Glen Road. Bob Gagne. 24950 Amlee Road, stated if a road reclamation project for Glen Road was approved then it would be a wasteful use of taxpayers' money not to install water main at that time. He also stated it had been a mistake not to install water main when sanitary sewer was installed under Glen Road. a storm water sewer line. He stated he had storm water concerns the entire time he has lived on his SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 8 of 11 property (which was since 1977), and he had spoken to Director Brown about his concerns a number of times. He was pleased that the City would finally address his concerns. He stated the wetland that was located on his property was shallow and it was filling with sediment, and the ground located near that area was wet most of the summer. He then stated he had spoken with Engineer Landini and suggested that the wetland located on his property and the property to his east be enlarged to provide a place for the storm water to drain into. He recounted his experience with a 9-inch rainfall in the 1980's, and noted that if a lO-inch rainfall were to occur today his house would be flooded. He stated he had lost a mature maple tree because the roots of the tree had rotted from ground saturation, and there was potential for him to lose additional trees for the same reason. He stated he appreciated the proposal to install another drainage pond on the other side of the HCRRA trail and to funnel storm water to that pond. Mayor Lizee again stated the City recognized there had historically been storm water drainage concerns in that area. Dave Gerton. 25110 Glen Road, stated he was appreciative of the Council's "broadmindedness" with regard to Glen Road. He questioned if there was a way to make the necessary improvements to Glen Road and still maintain the road at or near the width it was currently; he would like to see the mature trees maintained even if it resulted in a higher assessment to the property owners. Director Brown explained that the State standard for the width of a driving lane was 12 feet which would result in a 24-foot driving surface; the edge control which would increase the overall width of the road to 28 feet. He then explained that fire code required a minimum driving surface of 20 feet. He stated Council could take specific action to allow a driving lane to be 11 feet wide. Dave Hutton, with WSB & Associates, stated WSB and Associates was an engineering firm hired by the City and it would publicly bid the project out. He concurred that the State standard was a 12-foot-wide driving lane; a City could legally authorize a narrower driving lane but it should meet fire code requirements. He then stated that because Glen Road was a dead-end road it could be given special consideration regarding the width of the street. He stated no specific plans had been prepared for the Glen Road phase of the project, and the feasibility report was just the beginning of the design effort. Councilmember Woodruff clarified that properties would only be assessed for the cost of water main installation. In response to a question from Mr. Piroyan, Director Brown explained the City's policy. The policy specified there was currently a $10,000 connection charge that must be paid to connect to City water. A property owner would pay the connection charge minus any assessment paid by the property for the installation of water main (up to $10,000) at the time the property owner connected to City water. In response to another question, Brown stated a property owner could have a private well and also be connected to City water provided the two did not interconnect. In response to a third question, Brown explained that typically a property owner can have 15 years to pay the entire assessment, and the property owner would pay interest if the a propeliy owner chose to finance the assessment though the City; that interest rate but it would be determined at the time the assessment was levied. SHOREWOOD CITY COUNTIL REGULAR MEETING May 14,2007 Page 9 of 11 problem with Glen Road; that had become an issue over the last three years because of a resident using the street for overflow parking of personal vehicles. Mayor Lizee stated previous Councils and the current Council had been aware of tree preservation policies that had been in place for many years. Mr. Piroyan stated that he had also lost trees because of root rot from the ground being overly saturated. Mr. Rodewald stated that he had a porch located where the easement on his property was proposed to be. He questioned if that would be a problem. Mayor Lizee stated that would be taken into consideration. Mr. Michels questioned why the feasibility report had been expanded to include Glen Road. Councilmember Callies stated that the feasibility report was requested to include all possibilities, and Glen Road was in need ofrepairs at this time. Turgeon moved, Wellens seconded, Receiving the Draft Feasibility Report on Proposed Improvements for the Amlee Road, Glen Road, and Manitou Lane Road Street Rehabilitation Project, City Project 07-01. Motion passed 5/0. B. Accept Proposal for Engineering Services for the Amlee Road/ Manitou Lane/ Glen Road Street Rehabilitation Project, City Project 07-01 Administrator Dawson stated the City relied on the use of consulting engineers for a project the size of the Amlee Road, Glen Road, and Manitou Lane Street Rehabilitation Project. Engineer Landini stated the proposal for professional services from WSB & Associates for the design, bidding and construction phase engineering services for the project specified fees of $130,852. Woodruff moved, Wellens seconded, Approving the Proposal for Engineering Services from WSB & Associates for the Design, Bidding and Construction Phase Engineering Services for the Amlee Road, Glen Road, and Manitou Lane Street Rehabilitation Project. Council member Woodruff questioned if the scope of the project was reduced, would the WSB & Associates hours be reduced or vice-versa. Director Brown stated the costs would be adjusted accordingly based on the finalized project scope. Motion passed 5/0. C. Review Sanitary Sewer Back-up Policies Director Brown stated this item was placed on the agenda as a result of the most recent sanitary sewer backup of the Metropolitan Council's sanitary sewer facilities along Noble Road and Edgewood Road. He stated Council had been provided with a copy of an April 23, 2003, memo regarding discussions of the City's sanitary sewer back-up policies. He then stated Staff had reviewed the recommendations provided in 2003, and it recommended the practices outlined at that time remain in affect and unchanged. not implications that could occur in the future) and it outweighed the costs of cleanup. SHOREWOOD CITY COUNTIL REGULAR MEETING May 14, 2007 Page 10 of 11 Brown then stated that the City had only had one sewer back-up incidence, which was a result of a mechanical issue, during his tenure; and at that time ServiceMaster was brought in immediately to address the problem. Staff wanted to ensure Council understood the costs that could temporarily be incurred if many homes needed to have damage control done at one time. Mayor Lizee stated that Council had always appreciated a rapid damage control response to sewer backups. In response to a question from Councilmember Woodruff, Director Brown stated Staff could prepare a formal policy for Council consideration if Council agreed with the recommendations presented in 2003. Councilmember Woodruff stated he was in favor of the City providing the rapid response. He was also in favor of residents being responsible to help mitigate the problem. He suggested the City publish a reminder to the residents to add sewer back-up coverage to their insurance policies. Councilmember Wellens suggested that the policy include a reference that the City had insurance to cover sewer back-up problems that were the fault of the City. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. B. Mayor & City Council Councilmember Woodruff provided an update on a meeting he attended in St. Louis Park regarding its WiFi program. The major thing he wanted to convey to Council was that it would require approximately 1,500 households per square mile to make a WiFi program feasible from a cost perspective. He recommended that the City continue to stay abreast ofWiFi programs and technologies. Councilmember Wellens asked that Staff review Ron Johnson's water situation. Director Brown stated Staff would have an answer for Wellens by the end of the week. Councilmember Wellens stated he had raised concern with the City holding an annual employee appreciation dinner; a document from the State Auditor's office it was stated that cities did not have the implied authority to do so. He questioned what had become of the concern he had raised. He thought that also applied to a coffee fund, bottled water, etc. Administrator Dawson stated that legislation had passed through one, if not both, of the State legislative bodies that would clarifY that those types of things would be expressly allowed. 12. RECESS TO WORK SESSION Mayor Lizee recessed the Regular City Council meeting to a Work Session at 9:05 P.M. The City Council reconvened in regular session at 11:17 P.M. SHOREWOOD CITY COUNTIL REGULAR MEETING May 14, 2007 Page 11 of 11 14. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Work Session Meeting of May 14, 2007, at 11:17 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor