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03-08-10 CC Reg MinCITY OF S O EWOO CITE' COUNCIL REGULAR MEETING MONDAY, MARCH 8,2010 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7 :00 P.Mm Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Turgeon B. Review Agenda Administrator Heck stated Planning Director Nielsen was not able to be present this evening. He related that Nielsen had requested Item 10.13 Deer Management be moved to the March 22, 2010, meeting agenda. Zerby moved, Woodruff seconded, approving the agenda amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, February 22, 2010 Lizee moved, Woodruff seconded, Approving the City Council Work Session Minutes of February 22, 2010, as amended in Item 2 change "John Trent" to "Josh Trent ". Motion passed 4/0. B. City Council Regular Meeting Minutes, February 22, 2010 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of February 22, 2010, as presented. Motion passed 4/0 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Award Contract for Badger Tennis Courts overlay (This was moved to Item 10.0 on the agenda.) CITY OF SI OREWOOD REGULAR COUNCIL MEETING G MINUTES March 8, 201.0 Page 2 of 9 C. Adopting RESOLUTION NO. 10 ®006 "A Resolution Making the Appointments of Thomas Geng (3 -year term), David Hutchins ( -year term) and Sue Davis (3-year term) to the City of Shorewood Planning Commission" and RESOLUTION NO. 10- L07, "A Resolution Making the Appointments of Josh Trent (3 -year term) and "Suzanne Gaidos (3-year-term) to the City of Shorewood Park Commission". Motion passed 4/0. 4. MATTERS FROM THE FLOOR Jerry O'Neill 25540 Nelsine Drive stated he thought it would cost property owners $10,000 - $12,000 to have watermain extended in front of their properties and hook up to it. Based on his professional experience he did not think that property owners would recover that cost. He thought the value of the property would increase Less then twenty percent of the current $10,000 assessment /connection charge. In addition, the property owner also has to pay all the costs associated with bringing water from the watermain into their home. He explained if watermain is extended down the street in front of a property and the owner has not hooked up to city water, the property owner would be required (by a buyer's mortgage company) to hook up to city water prior to closing on the sale of their property. If the well is still functional, the seller would also have to pay the cost to have the well water plumbed for outside use only. If the well is abandoned (i.e., it's no longer in use) the seller will have to pay the cost to have the well sealed by a licensed well driller and have it certified. Also, the seller would have to pay any remaining assessment/connection charges. He stated he wanted to make sure the City was being forthright in explaining to property owners the true cost and benefit of extending and connecting to city water. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District Activities by Representative Richard Woodruff Councilmember Woodruff, the City's representative on the Lake Minnetonka Conservation District (LMCD), provided a report on recent LMCD activities. The highlights of the report are as follows. The LMCD is working on "rebranding" the Save - the -Lake concept with the purpose of raising its image and re- energizing the concept. The Save - the -Lake Committee received $115,000 in grant application requests, and it awarded $48,500 in grants and committed $4,000 to ongoing LMCD projects. The Hennepin County Sheriff's Water patrol was given $3,500 for safety equipment. There was $30,000 committed to finding the 3 -Bay milfoil treatment program for 2010 (this would be year three of a five -year program). The Museum of Lake Minnetonka's was awarded $15,000 to refurbish Steamboat Minnehaha. There was $2,000 committed to the Save -the- Lake banquet and $2,000 for solar lights for buoys. The remaining $6,200 is available to spend on projects throughout 2010. He noted there is a policy that states only a certain percent of the Save -the -Lake Fund can be spent each year. The LMCD held a public forum to solicit input from the public about changes in boat usage and dock ordinances in the Littoral zone (the shallow water zone) in Lake Minnetonka. The LMCD's Technical Advisory Committee's (TAC) findings indicate a risk of ecological damage from shading from docks and ITS' OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES iF TES March 8, 2010 Page 3 of 9 boat operations. Over 100 people attended the forum. The LMCD Board and the TAC will discuss the input in upcoming months. The LMCD's Exotics Task Force has prepared a draft of its aquatic invasive species (AIS) prevention plan for 2010 which is in the process of being reviewed. The request for proposal (RFP) for the 3 -Bay treatment program has been revised and bids have been requested. In 2010 the milfoil treatment of Grays Bay and Phelps Bay will be spot treatment for curly leaf pond weed. The Army Corps of Engineers has released the report on the 2009 treatment program. He has been named co- chair of the Task Force. The LMCD's strategic plan has been approved. The 2010 work plan is being implemented and the work plans for future years are being developed. He attended two of the four regular LMCD Board meetings and one of two Exotics Task Force meetings. Woodruff noted that the Department of Natural Resources (DNR) denied approval for a milfoil treatment program for St. Albans Bay and Gideon Bay. He explained if the Lake Minnetonka Association wanted to reapply for a smaller treatment area the DNR may consider. Mayor Lizee stated she attended the forum, noting the forum was moved from Shorewood City Hall to the Southshore Community Center because of the high number of attendees. She thought there were over 80 people in attendance. Residents from around Lake Minnetonka expressed they thought the LMCD TAC had quite a bit of additional work to do before it could make any recommendations. She explained there has been concern expressed about the Save -the -Lake Fund. It is her understanding that only 25 percent of the Fund can be spent each calendar year. Concern had been expressed that $15,000 of the $48,500 available was dedicated to the Steamboat Minnehaha. Concern had also been expressed about the LMCD discontinuing the public access video inspection program which records what is going on at the public launches with regard to AIS. She suggested that further discussion by the Save -the -Lake Committee may be in order. She stated she has heard that Minnesota Senator Olson and Minnesota Representative Doepke have been made aware of the DNR's denial for treatment of St. Albans Bay and Gideon Bay and it is her understanding that they intend to approach the DNR for reconsideration because the herbicide treatment program has worked. Councilmember Woodruff stated the LMCD and Save - the -Lake Committee discussed the public access video inspection program extensively in 2009. Ultimately the LMCD Board decided to find the program in 2009. He explained that many pictures were taken at the public launches but the LMCD did not have the resources to conduct the review of the pictures. He stated the LMCD and the individual supplier of the equipment did not find any thing in the pictures. There was only one instance where the picture showed some type of plant life on the boat. The Save - the -Lake Committee thought the payback was extremely low. He then explained that under state law and DNR policy that type of information cannot be used for any type of enforcement. The Save -the -Lake Committee did not think the cost of $5,000 - $7,000 for the program in addition to the cost to review the pictures was worth it and therefore dropped it for 2010. Mayor Lizee expressed that she hoped that the remaining $6,200 in Save -the -Lake Funds available for 2010 would be used for something related to AIS. Councilmember Woodruff stated one of the grants the LMCD has received in the past has been cut back and it's possible that some of the funds could be used to fund inspections at boat launches. 7. PARKS No report was given because there had not been a Park Commission meeting since the last City Council regular meeting. A meeting is scheduled for March 9, 2010. 8. PLANNING CITY OF SHOREWOOD REGULAR COUNCIL MEE'rING MINUTES March 8, 2010 Page 4 of 9 Planning Commission Chair Geng reported on matters considered and actions taken at the February 16, 2010, Planning Commission meeting (as detailed in the minutes of that meeting). 9, ENGINEERING/PUBLIC WORDS A. Approve Plans, Specifications and Estimate and Authorize Advertisement for Bids for 1 # Road Improvement Project Wild Rose Lane Mayor Lizee stated this evening Council will consider the approval of plans and specifications and advertisement for bids for the Nelsine Drive roadway reclamation project. Council had decided not to include the extension of watermain as part of this project during a previous Council meeting. She noted that the O'Neills ( 25540 Nelsine Drive) and the Svobodas (25580 Nelsine Drive) had offered to work with the City about granting drainage and utility easements to help mitigate the drainage issues, and she thought that would be addressed as part of a bid alternate. Engineer Landini clarified that the bid alternate was for the drainage and utility easements for a drainage swale offered by the Opfers (25900 Wild Rose Lane) and the Masons (5570 Meadowview Road). The Nelsine Drive project does include a drainage pipe that would be directionally bored between the O'Neills' property and the Svobodas' property. Mr. O'Neill stated he assumed that he and the Svobodas would have to sign easement documents before any drilling would be done. He asked for some type of assurance that the directional boring would not damage any trees. Engineer Landini stated he did not have the easement doctinnents for the O'Neills and the Svobodas prepared yet. He was waiting for consensus from the Council before he had them drawn up. He explained that Mr. O'Neill wanted some type of guarantee that the one large tree lie is concerned about will not be damaged. He stated the City will ensure the best that can be done will be done to help the tree survive during construction. Councilmember Bailey asked what the guarantee would involve. Landini stated it could possibly be a replacement tree, noting that signs of despair would not be visible for two — three years. Landini explained the directional boring for the 15 -inch pipe would occur a number of feet under the tree so most, if not all, of the trees roots should not be impacted. Bailey questioned what the remedy would be. Mayor Lizee stated she assumed that would be addressed after the project was approved, to which Landini replied that is correct. Engineer Landini stated the action item for Council to consider this evening is to approve the plans and specifications; and, to direct Staff to have the necessary easement documents prepared for the Masons, O'Neills, Opfers and Svobodas. He noted that the easement documents for the Opfers and Masons and the associated drainage swale plans cannot be prepared until the snow cover is off the ground. Mayor Lizee stated the resolution for consideration is for the Nelsine Drive project and also the Meadowview Road and Wild Rose Lane project. Engineer Landini explained the only variant between the two resolutions for consideration is one includes the extension of watermain under Meadowview Road and part of Wild Rose Lane and the other does not. Landini stated Council could direct Staff to draft another resolution for consideration at another date. Mayor Lizee noted the Nelsine Drive project is a reclamation effort, and the Meadowview Road and Wild Rose Lane project is a reconstruction effort. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 8, 2010 Page 5 of 9 Councilmember Zerby stated the plans and specifications indicate Meadowview Road and Wild Rose Lane will be constructed to be 24 -feet wide including edge control. He asked how wide the roadways are currently. Engineer Landini stated the two roadways each average a width of approximately 22 feet noting it varies along the roadways. Landini explained the roadways would be widened the width of the edge control. Zerby asked what the impact to the trees would be from widening the roadways to include edge control. Landini explained the erosion control plan depicts some of the tree removals that would be required and it appears that about 12 trees would be impacted. He noted no trees outside of the right-of- way are proposed to be removed. Councilmember Woodruff stated the estimated costs from TKDA for the Nelsine Drive project are approximately 1.9 times the estimated cost in the capital improvement program (CIP). He asked why that was. Engineer Landini explained the CIP cost estimate is a forecast based on a 15- year -old project cost. Some of the constraints are different from the project it was based on. Also, there is very little base under Nelsine Drive; therefore, a lot of rock will be required to establish a base. The project estimate includes the cost for storm sewer improvements. That information was not available during the CIP planning process. Woodruff commented that the increase in cost was split between storm sewer improvements and the improvements to the base of the roadway to stabilize the street. He noted Staff had explained the need to improve the base to Council during a previous meeting. Director Brown explained TKDA, the engineers for this project, wanted to do a substantial number of additional borings at a cost of more than $1,000 each for this project. Staff thought it would be prudent to spend those additional funds on additional rock rather than on additional borings. Councilmember Woodruff asked if there is a reason to adjust the cost estimates for other roadway reclamation projects in the CIP based on the Nelsine Drive experience. Director Brown stated the other cost estimates could be adjusted to be more conservative, but he did not think the findings under Nelsine Drive were typical of what has been found with other projects. Administrator Heck stated the CIP will begin to be discussed in April and this can be discussed at that time. Councilmember Woodruff stated during previous meetings residents had made comments about drainage concerns regarding all three roadways. He asked if there would be any significant drainage concerns that will not be addressed as part of the two projects. Engineer Landini explained the goal is to try and mitigate the drainage problem that flows across Nelsine Drive as much as possible. Nelsine Drive does not currently have a crown to corral the water to the south. A crown will be installed as part of the reclamation effort to try and corral some of the water. Catch basins will be installed in the grass boulevard to try and capture some of the storm water. The proposal is to channel the water in the pipe under the roadway, down the proposed easement between the O'Neills' property and the Svobodas' property to about fifty feet before the edge of the wetland, then it will discharge from the energy dissipater and travel across the property to the wetland. The flow through the tall grasses should remove sediment and phosphorus before reaching the wetland. Landini explained on Wild Rose Lane, the Mason property located on the corner gets inundated with storm water from every direction. A crown is proposed for Wild Rose Lane. The storm sewer will be extended to pick up a culvert that goes underneath Wild Rose Lane. The ditches will be filled in along Meadowview Road, and a pipe will be installed to convey the storm water and that will eventually discharge to a wetland north of Valleywood Lane. During the plan review meeting Mr. Mason and Mr. Opfer offered up the drainage and utility easement between their two properties where there is a second culvert. He did not include that in the original plans because he thought it was outside of the scope of tine original project. Therefore, it is included in the plans as a bid alternate. Council can decide whether or not to include the drainage swale when the project is awarded. He hoped to have easement documents and CITY OF SHOREW OD REGULAR COUNCIL MEETING MINUTES March 8, 2010 Page 6 of Councilmember Woodruff asked if there is a catch basin on the Meadowview Road / Sunnyvale Lane corner. Engineer Landini explained there are four catch basins being added in various spots near that corner so that corner should be covered very well. Mayor Liz6e asked when Sunnyvale Lane and Valleywood Lane are scheduled to be improved. The response was the CIP indicates Valleywood Lane is scheduled for 2012 and Sunnyvale Lane for 2013. Don Koch 25835 Wild Rose Lane stated storm water flows across his property to the Masons' property and the Opfers' property. He explained a culvert was installed years ago in the area because the roadway washed out. He expressed concern about the drainage. Mark Headla 25645 Wild Rose Lane stated it sounded to him as if the reconstruction project was going to be done. He asked what the assessment payment terms for the project would be. He thought it would be included on his property taxes. Administrator Heck explained the roadway reclamation project including storm water and storm sewer improvements would not be assessed; they are funded out of the City's general find. The only thing that would be assessed would be the extension of watermain. The total cost for the assessment /connection charge would be $10,000. Council has not yet decided whether or not to extend watermain as part of the Meadowview Road and Wild Rose Lane reconstruction project, nor what the assessment terms would be if watermain were to be extended. Council had discussed the possibility of amending the City's water ordinance in February 2010 but chose not to change the water policy at that time. Mr. Headla asked when property owners would have to hook up to city water if it were extended. Mayor Liz6e stated the City does not force property owners to hook up to city water, but the properties will be assessed. In response to a comment from Mr. Opfer, Mayor Liz6e stated property owners could continue to use their wells for the entire time they own their property. Mr. Headla said the people who owned his property previously installed copper pipe from the house to the street but there is no curb stop. He asked if he would be charged to locate that pipe should he elect to hook up to city water. Mayor Liz6e explained that it is his responsibility as a property owner to ensure the pipe is working correctly. Mr. Healda asked how property owners would be assessed. Director Burton explained property owners would see the assessment on their property tax statement. The City Council would notify the property owners and then the property owners would have a chance to address the Council about the assessment. Any assessment would be certified to Hennepin County. Hennepin County would then place the assessment on the owners' property tax statement for payment twice a year over the designated period. Mr. Headla asked if there is any guarantee in an increase in property value if a property were to connect to city water to which Director Burton responded there is none. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES ES March 8, 2010 Page 7 of R Mr. O'Neill asked if a property owner has to certify a property owners' pipe that runs from their house to the street. Director Brown explained it would be to the homeowners' advantage to conduct a pressure test which is not a costly procedure, noting the City prefers that be done. Mayor Liz6e asked how many of the properties front Meadowview Road and how many abut Meadowview Road that could potentially be assessed. Engineer Landini explained there were two properties with a Meadowview Road address, one with a Wild Rose Lane address, two with a Valleywood Lane address, and two with a Sunnyvale Lane address that are considered abutting Meadowview Road. Those properties would be assessed if watermain were extended. He noted there are two properties on Wild Rose Lane that have already been assessed for watermain as part of the Eureka Road watermain extension. Lizee stated one of the properties on Valleywood Lane and two on Sunnyvale Lane do not front Meadowview Road or Wild Rose Lane. She expressed she did not think those three properties should be assessed because they do not front Meadowview Road or Wild Rose Lane, and the logical entry for city water would be on the front of those three properties. If those property owners prefer to hook up to city water via the side of their property then that could be considered. Landini stated that although he agreed with Lizee's logical statement the City's Ordinance states the two Sunnyvale Lane properties and the two Valleywood Lane would have to be assessed because they are abutting the streets under consideration. He thought it would be more logical for those four properties to have their water come from watermain under Sunnyvale Lane or Valleywood Lane. He explained if watermain were to be extended down those two roadways water stubs could be installed for those four properties. Councilmember Woodruff asked Engineer Landini to summarize how many of the properties that could potentially be assessed for watermain extension as part of the Meadowview Road / Wild Rose Lane project are in support of watermain extension. Landini explained that originally the owners of one property were in support of the extension of watermain but they have since changed their mind for financial reasons. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 10 -008 "A Resolution Ordering Improvement, Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids City Project 10 -01, 10 -02 Nelsine Drive Reclamation and Meadow View Road, Wild Rose Lane Reconstruction Projects including Sanitary Sewer and Storm Water improvements but without Watermain Extension." Councilmember Zerby expressed his concern about the number of trees that will be lost due to the widening of Meadowview Road and Wild Rose Lane. He stated he would like the tree loss to be minimized if at all possible. He asked Staff to be as judicious as possible when it comes to removing trees. Councilmember Woodruff asked if at a later date Council could consider directing Staff to have trees planted. He asked Staff to come back with a recommendation on that. Director Brown stated he thought it prudent for the City to adhere to its own tree preservation policy and identify the significant trees that should, at a minimum, be replaced. Motion passed 311 with Lizee dissenting. Mayor Lizee stated that she thought that anytime a roadway is reconstructed watermain should be extended as part of that project if it is not already there because of the cost to install watermain as a standalone project at a future date. She expressed her disappointment that the Meadowview Road / Wild Rose Lane reconstruction project will not include the extension of watermain. CITY OF SHOREWOOD REGULAR C U CtL MEETING MINUT S March 8, 2010 Page 8 of 9 I0® GENERAL/NEW BUSINESS A> Authorizing Submittal of a Grant Application and Improvement for Automatic Door Openers CF,erby moved, Bailey seconded, Adopting RESOLUTION NO. 10-009, "A Resolution Authorizing7H Grant Application Door . h This item was moved to a March 22, 2010, City Council regular meeting agenda. C. Award Contract for Badger Tennis Courts Overlay This item was removed from the consent agenda at Councilmember Bailey's request. Councilmember Bailey stated in 2009 the City had its tennis courts located in Manor Park and Cathcart Park resurfaced. At the time resurfacing was approved he suggested the conditions of the surfaces be clearly documented prior to them being resurfaced in order to be able to evaluate the value of contractor's efforts after a freeze /thaw season or two. He clarified he is not opposed to resurfacing the tennis courts located in Badger Park, but he would first like Staff to assess how the resurfacing of the other courts has held up. Director Brown stated he thought it would be a great idea to evaluate how the 2009 resurfacing has held up. He indicated he will ask the contractor if they would stand behind the existing bid amount until that evaluation can be done. Woodruff moved, Bailey seconded, deferring this item to the May 10, 2010, City Council Regular meeting. Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the Minnehaha Creek Watershed (MCWD) District Technical Advisory Committee is holding a meeting on March 16, 2010, at 2:30 P.M. at the Southshore Community Center. There should be revised rule documents available for discussion. The Mayor of Mound is hosting a meeting on March 17, 2010, for all Lake Minnetonka area elected officials and administrators to discuss the amendments to the two MCWD rules. Heck then stated he has preliminary Southshore Community Center (SSCC) operating numbers available for January — February, 2010, and his plan is to share them with Council shortly. Preliminary numbers indicate revenues exceed expenditures slightly. He explained Kristi Anderson, who is responsible for SSC CITY OF S OREWOOD REGULAR COUNCIL MEETING MINUTES March 8, 2€1 Page 9 of 9 operations, coordinated a very successful from Preview and Spring Fashion show. He noted the SSCC Operating Oversight Committee had met earlier that day. B. Mayor and City Council Lizee moved, Woodruff seconded, recessing the meeting to an executive session at 8:08 P.M. Motion passed 4/0. 12. RECESS TO EXECUTIVE SESSION Mayor t P.M- Mayor Lizee, Councilmembers Bailey, Woodruff and Zerby, Attorney Tietjen and Administrator Heck were present. The purpose of the meeting was for confidential attorney - client discussion regarding the pending litigation with Ron Johnson. The litigation involves ongoing issues raised by Mr. Johnson regarding a condemnation matter relating to his property in the City of Shorewood from the early 1990s. Mr. Johnson is currently pursuing these ongoing issues in State and Federal Court. Mayor Lizee adjourned the executive session at 8:26 P.M. Mayor Lizee reconvened the regular meeting at 8:26 P.M. 13. ADJOURN Bailey moved, Zerby seconded, Adjourning the City Council Regular Meeting of March 8, 2010, at 8:27 P.M. Motion passed 4/0. Christine Lizee, Mayor RESPECTFULLY SUBMITTED Christine Freeman, Recorder