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07-13-15 CC Reg Mtg MinCITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 13, 2015 MINUTES COUNCIL ;: 7:00 P.M. Mayor Zerby called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg and Woodruff, Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Mayor Zerby stated staff asked that Items 8.A and 8.13 be moved to Items 8.13 and 8.0 and that Item 8.A Report by Commissioner Bob Bean on the July 7, 2015, Planning Commission Meeting be added to the agenda. Administrator Joynes asked that Item 10.13 Spraying of Milkweed be added to the agenda. Siakel moved, Labadie seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, June 22, 2015 Siakel moved, Labadie seconded, Approving the City Council Work Session Minutes of June 22, 2015, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, June 22, 2015 Sundberg moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of June 22, 2015,: as presented. Motion passed 510. K�Ki7�f►yD1►11IIF@l�l►`i17:1 Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Postage Meter Lease Renewal City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 2 of 16 C. Stantec Consulting Services, Inc., Additional Services Agreement D. Special Event Permit, 5K Event for Minnewashta School Mayor Zerby asked if there is a cost estimate for Item 3.C. Administrator Joynes explained that during the July 7, 2015, Council and staff retreat, Council asked that the City hold one or two open houses related to the Minnetonka Country Club (MCC) redevelopment project and Stantec is needed to help prepare some of the displays and graphics for them. He thought that would only be a few hours of work and thought the cost would be at most a couple thousand dollars. Councilmember Woodruff stated he viewed the Agreement as being one that the City could order services against; it is a price schedule for services and not a list of projects. Woodruff noted that he envisions needing Stantec services for other things in the future. Councilmember Sundberg concurred with Woodruffs comment and noted she strongly supports using Stantec's services. Joynes noted a copy of Stantec's hourly rate schedule for various services was included in the meeting packet. Councilmember Woodruff asked that the Special Event Permit be updated so it is correct. It states the roadways will be closed and that is no longer the case. Motion passed 510. Ken Huskins, 24075 Mary Lake Trail, stated that during Council's June 22, 2015, meeting Council unanimously voted directing staff to write a proposal for conducting a traffic study for the Country Club Road to Yellowstone Trail to Lake Linden Drive connector route and the impact of the Minnetonka Country Club redevelopment project on the roadway system. He would like to know what the status of that is as well as a study of traffic around the MCC property and throughout the City. Mayor Zerby asked Director Nielsen for an update on forming a Traffic Committee. Director Nielsen responded the structure of that Committee will be discussed during the July 14 staff meeting. Nielsen explained that Council did give staff direction that it wanted to study traffic issues in general with an expedited study of that connector route. Zerby asked if it would be possible to have the topic on Council's July 27 meeting agenda. Nielsen stated it would. 7. PARKS A. Fencing — Community Garden Director Nielsen explained that during its May 26, 2015, meeting Council authorized the extension of a water line to the community gardens in Freeman Park and directed staff to solicit quotes for the cost to install a fence around the garden plots area in the Park. Dakota Fence Company provided a quote of $4,994 for black vinyl coated, chain link fence for the existing garden area and $6,009 for the existing area and future expansion garden area. Dakota Fence also provided a quote of $2,381 for the expanded garden area in the Skate Park. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 3 of 16 Councilmember Woodruff recommended Council allow the Park Commission to weigh in on this and have Council take action during its July 27 meeting. The Commission has not met since the City received the quotes. Director Nielsen noted the Commission had previously discussed fencing for the garden area in Freeman Park and chose to wait on making a recommendation until there was an understanding of what the demand for the garden plots in that Park was. He thought the plots in the Skate Park are all being used and that all of the plots or maybe all but one of two of the plots in Freeman Park are being used. Councilmember Siakel stated if Council approves the fencing now she asked if it would be put up soon. Director Nielsen stated he thought it should be put up soon. Siakel stated if it would be put up soon she would support approving it this evening. But, if timing is not an issue she could wait until July 27 to take action. Councilmember Sundberg stated if Council took action this evening and if the Commission does not recommend doing putting up the fencing during its July 14 meeting she asked if it can come back before Council during its July 27 meeting. Sundberg moved, Siakel seconded, authorizing Dakota Fence Company to install black vinyl coated, chain link fence around the existing and expanded community garden area in Freeman Park for an amount not to exceed $6,009 and to install fencing around the expanded community garden area in the Skate Park for an amount not to exceed $ $2,351 contingent on the Park Commission recommending this be done. Motion passed 510. Councilmember Labadie asked that the improvements to the garden area in Freeman Park be noted in the City's newsletter this fall and next spring. 8. PLANNING A. Report by Commissioner Bob Bean on the July 27 2015, Planning Commission Meeting Planning Commissioner Bean reported on matters considered and actions taken at the July 7, 2015, Planning Commission meeting (as detailed in the minutes of that meeting). B. Friendly — Request for Partial Right -of -Way Vacation Easement Agreement, 5590 Shore Road Director Nielsen explained that during Council's May 26, 2015 meeting, Council approved Ian and Carol Friendly's request for vacating a portion of the public right -of -way (ROW) of Shore Road; the portion that partially bisected their property. The approval was contingent upon the Friendlys having a turnaround area constructed that would support snow plow equipment. Currently Public Works personnel have to back into an area that is very close to a wetland and a vehicle has become stuck in that area a few times. The turnaround design proposed by the Friendlys is being reviewed by the engineers. The Friendlys were surprised at the approximate $20,000 cost for constructing the turnaround and have proposed the City pay for one half, or $10,000 maximum, of the cost. The Seasonal Roadway Maintenance Easement (a copy of the revised agreement was placed at the dais) is about the use and maintenance of the property. The revised document includes the City Attorney's recommendations. He noted the Friendlys have submitted their building plans for their new home. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 4 of 16 Attorney Keane stated he had requested the one -way indemnification provision be removed and the Friendlys' attorney agreed to do that. lie noted that he concurred with staff s recommendation. Councilmember Siakel stated that under Terms of Easement Item 4 Construction and Maintenance of Easement the last sentence states "After the initial construction of the Easement Area, Grantee will repair, maintain and plow the Easement Area and repair any damage to the driveway lying within the Property, the mailbox or landscaping on the Property, in a first class manner, at its sole cost and expense, except for any required lawn mowing." She asked what "in a first class manner" means. Attorney Keane explained that if Public Works personnel tear up sod, for example, the City would replace what was there. Attorney Keane stated there were two changes made to the copy of the agreement included in the meeting packet. The first was to cap the City's contribution amount at $10,000. The second was to remove the one -way indemnification provision as previously stated. Councilmember Woodruff stated he has not heard if there are any alternatives to the new cost sharing provision. He asked if the City should buy some land next to the Friendlys' property and build its own turnaround. Director Brown noted that over many years the City has tried to negotiate with property owners to get some type of hard surface in the area for a turnaround. He explained there are have been at least three or four instances where dump trucks were buried up to the axels and the sand load had to be dumped before getting the truck out. Be stated based on history the City's alternative would be to proceed with the eminent domain process for acquiring land for a hammerhead turnaround. He noted that he thought the cost for the eminent domain process would greatly exceed $10,000. Attorney Keane noted that eminent domain is a last resort. Councilmember Siakel stated what is being proposed will be both a cost and a benefit to the City and that she supports the cost sharing being proposed. Mayor Zerby noted he has some reservation about "in a , f rst class manner" because he does not know how that gets defined. Councilmember Siakel asked if the cost of paver bricks is what makes the construction of the turnaround so costly. Nate Wissink, with Elevation Homes (the builder) and the Friendlys' architect, explained there is an engineering specification that has to be met to handle dump trucks. For a typical residential driveway there would be a six -inch base. For the turnaround there needs to be a twelve -inch compacted base. The design is accounting for different factors such as the shoulder. It is being designed for long -term durability. Turf stone is more expensive than asphalt and it should have a longer useful life. The proposed driveway will be concrete as opposed to asphalt and therefore it should also have a longer useful life. He stated there could potentially be circumstances that will require maintenance. Councilmember Woodruff asked what the cost estimate for the turnaround was when Council approved the ROW vacation. He then asked if the applicant decided after the fact that the turnaround construction cost was too costly for them to pay the entire cost. He wondered what changed. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 5 of 16 Mr. Wissink explained since the ROW vacation was approved both parties have been trying to determine what would work for the turnaround from a Public Works perspective. At the time the application was submitted there were some rough cost estimates. He then explained that when the application was submitted there were two parts. One did not require a ROW vacation but a variance was needed for the driveway without a turnaround. What was approved was the turnaround driveway subject to an agreement for the ROW vacation. That was a pending item. Over the last six weeks Elevation Homes' representatives and the applicant have worked with City staff and the City Attorney to draft an agreement, finalize materials and clarify costs. Councilmember Woodruff expressed his displeasure that there was inadequate information when this application was previously discussed and approved. Councilmember Sundberg noted that she would support the cost sharing proposal because of the uniqueness of the situation and the benefit to the City and adjoining wetland. Sundberg moved, Siakel seconded, authorizing the City to share with Ian and Carol Friendly the cost to construct a hammerhead turnaround with the City's share not to exceed $10,000 and approving the Seasonal Roadway Maintenance Agreement as presented. Mayor Zerby expressed concern about the phrase "in afrst class manner" because the City has been burned many times on shared land usage with residents. In response to a comment from Councilmember Siakel, Director Brown explained that any hard surface area would be a benefit to Public Works snow plow activities. Brown stated he had expressed concerns about how the surface would hold up under plowing conditions to Director Nielsen. He noted that the plows have not been run on that type of surface in the past. He suggested deleting the "in a first class manner" language from the agreement and replacing it with more palatable language. Attorney Keane stated he would support deleting the "in a first class manner" language if it is acceptable to the applicant. The applicant nodded yes. Without objection from the maker or seconder, the motion was amended to include subject to deleting "in a first class manner" from Item 4 under Terms of Easement. Motion passed 510. C. Minor Subdivision Applicant: Steve and Jane Lorin Location: 6135 Cathcart Drive Director Nielsen noted that during its June 2, 2015, meeting the Planning Commission considered a request for a minor subdivision for Janie Korin for their property located at 6135 Cathcart Drive. The Korins have proposed to subdivide the property into two lots. He explained the northerly portion of the property has a fairly large wetland area on it. Therefore, staff had recommended the lot line be moved to the south to make the buildable portion of proposed northerly lot bigger. That has been done. A recent survey submitted to the City shows that change. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 6 of 16 Nielsen noted staff and the Planning Commission recommended approval of the minor subdivision with the various easements that go along with it. He also noted the City will get an additional 17 feet of right - of -way to bring Cathcart Drive up to standards. There will also be conservation easements over the wetland areas on the parcel. Councilmember Woodruff asked what changed since the minor subdivision was approved in 2014. Director Nielsen stated the property line was moved to the south. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 15 -050, "A Resolution Approving a Subdivision of Real Property for Steve and Janie Korin for their Property Located at 6135 Cathcart Drive." Motion passed 510. 9. ENGINEERING /PUBLIC WORKS A. Receive Plans and Specifications and Authorize Advertisement for Bids for Smithtown Road Sidewalk East Extension Engineer Hornby explained the plans for the Smithtown Road sidewalk east extension are nearly complete. They are in review at the Minnesota Department of Transportation (MnDOT) State Aid. Permit applications have been submitted to the Minnehaha Creek Watershed District (MCWD). The first advertisement for bid will be on July 23 and the bid opening will be on August 20, 2015, (not August 21 as indicated in the staff report). Hornby noted that staff recommends Council adopt the resolution included in the meeting packet approving plans and specification and authorizing the advertisement for bids. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 15- 051, "A Resolution Approving Plans, Specifications and Authorizing Advertisements for Bids for Smithtown Road Sidewalk East Extension Improvement Project, City Project No. 14 -10." Motion passed 510. Mayor Zerby noted that he is ecstatic to have this project move forward. B. Freeman Park Drainage Study — Draft Report Discussion Engineer Hornby explained WSB & Associates representatives have been working on the Freeman Park Area Drainage Study Report for some time. The area there is very flat and there is not a lot of area for the stormwater to go. One of the improvement options considered was to provide more stormwater storage within Freeman Park. Another was to look into the downstream effects. A third was Strawberry Lane. The costs for making the improvements would be very high and there is no funding slated for them. The project would include the reconstruction of Grant Lorenz Road. That is not included in the Street Reconstruction Capital Improvement Program (CIP). The project cost as a whole would exceed $3 million not including land acquisition. About two acres of land would have to be acquired for a pond south of Smithtown Road. If the pond within Freeman Park were expanded there still would not be enough storage to address downstream effects. If the high water were increased in Freeman Park it would impact upstream drainage areas. There needs to be some remedies to the Freeman Park storage area as it currently helps address the flooding issue in the Shorewood Oaks development. His memorandum (memo) lists some remedies that could be considered to alleviate the problem. He commented the Minnehaha Creek Watershed District (MCWD) may have some issues related to rate control. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 7 of 16 He noted he did not include a copy of the draft Report in the meeting packet. Instead in his memo he included a summary of sections of the Report. He asked Council if it wants the work to continue on this given the cost, or does it want to shelve it for a while until there has been a discussion about how to fund it. Hornby noted the drainage issues in that area have been around for a number of years. He also noted there is not easy solution. Councilmember Woodruff stated the memo indicates the ultimate solution includes reconstructing Grant Lorenz Road to City standards for an approximate cost of $2.3 million. He asked if there is a subset of things that could be done to mitigate the stormwater drainage issue into the Shorewood Oaks development. He commented that acquiring enough land for a two acre storage pond would increase the total project cost to close to $4 million. Director Brown noted that Councilmember Woodruff asked that this be brought back to Council. At that point staff had concerns about the magnitude of the costs. He explained that back flow preventers for each individual connection would mitigate some of the property damage and liability concerns for the City. However, the volume of water and rate of stormwater runoff are a different issue. The Report points to the magnitude of the pipe sizes and the amount of construction needed to address that portion. Staff has generally thought that roughly one -third of the stormwater in Shorewood flows through Freeman Park across Smithtown Road down Grant Lorenz Road; the Drainage Study confirms that. If the problem were to be fixed using today's design standards there would have to be a 40 -inch to 60 -inch diameter pipe and the existing ditch alongside of the roadway would have to be able to handle the stormwater. Mayor Zerby asked if the project has been reviewed with the MCWD. Engineer Hornby responded not yet. Engineer Hornby explained that one of the things considered was to have a. low -flow channel along Grant Lorenz Road which is actually the existing ditch. That would have to be restabilized because the erosion has been dramatic. The size of the pipe in one scenario with the pond is 60 inches in diameter; it would take high flows. If there is no stormwater pond the pipe size would increase to 72 inches. In order to have enough cover in it it would have to be placed in the roadway. He then explained when evaluating alternatives staff keeps the MCWD's rules in mind. Staff also considers the benefits the City would get by its phosphorus and TSS (total suspended solids) loading reduction the City is required to achieve annually. He noted that without a pond the ditch cannot be stabilized without a lot of maintenance because of the velocities and amount of flow in the ditch. Mayor Zerby asked if making the improvements would benefit the MCWD. If so, maybe the MCWD could help fund the costs for the improvements. Engineer Hornby noted that he has not approached the MCWD about that yet. He explained when staff does the cost projections it does not factor in any funding opportunities from other agencies. Zerby stated because the stormwater is from about one -third of the City it seems that the MCWD should be included in the discussions. Zerby stated he is aware that when there is flooding in other cities and states that park land is sometimes used for storage. Sometimes ball fields will be flooded. He asked if the City could consider that. Hornby explained in order to do that Freeman Park would have to be lowered by 4 — 8 feet. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 8 of 16 Councilmember Siakel noted that she appreciates staff providing the big picture. She stated the ditch alongside of Grant Lorenz Road continues to get bigger from erosion. She noted that the Apple Road Ditch Restoration Project was done in partnership with the MCWD because it fed into a wetland. Grant Lorenz Road feeds into Lake Minnetonka. Maybe a case could be made to have the MCWD participate in the drainage improvements. Engineer Hornby asked if Council wants this project brought to the MCWD before the Study is complete or after it is complete. Hornby stated Strawberry Lane is very flat. A way to get the water out of there has to be identified before the Study can be completed. Siakel asked if that information will be needed before Strawberry Lane is reconstructed in 2017. Hornby responded yes. Engineer Hornby noted some of the short-term improvements identified can address some of the upstream flooding issues. He stated for this very large project it could extend out years if the City wants to do it in a partnership arrangement with the MCWD rather than a grant situation. He explained that during the 7- inch rainfall in 2014 the ditch alongside of Grant Lorenz Road took a beating from erosion. The north end of the Road flattens out, at least in one spot, and the drainage somewhat disappears and goes over land and finds its outlet. Director Brown stated that he interprets Council to want staff to bring the Report to a brief conclusion and then seek input from the MCWD to find out if it would be interested in being a partner in the improvements. It will then be brought back to Council. Councilmember Woodruff asked staff to prepare a list of improvements that could be done over the next 6 — 12 months that would provide some relief in the Shorewood Oaks development; items that are not horribly expensive to do. He stated residents from that development complained to Council that the stormwater from Freeman Park flowed into the development. They asked the City to grade the parking lot in Freeman Park which the City did. There was a suggestion for the City to store the water flowing into the development in the pond behind the Shorewood Ponds development. He does not think that is feasible because of the volume of water. Engineer Hornby noted that on the first page of his memo there is a list of four items that could be done to help with that. Woodruff asked staff provide Council with high level costs for doing each of the items. He stated that reconstructing Grant Lorenz Road with 60 — 72 inch stormwater pipe would be a number of years out. Councilmember Siakel asked what Engineer Hornby's concern is about finishing the Report. Hornby stated that if Council already knows that it does not want to make the needed improvements because of the exorbitant cost then he questions the value of completing the Report. Siakel clarified that she views the improvements as things that have to be done over time and in pieces. Engineer Hornby stated he will have WSB engineers put together a list of short -term improvements that could be made over the next few years upstream from Freeman Park. He clarified there will be some pros and cons with doing that. He stated the intent is to reduce the potential for any type of flooding damage. He stated if there continue to be the 3 — 4 inch rainfalls the ditch alongside of Grant Lorenz Road has to be dealt with. Mayor Zerby stated he supports looking at short-term improvements to provide relief to homeowners. But, the City cannot take on a $3 - $4 million dollar project without some substantial partnership and the MCWD is the place to look for that. If there is enough stormwater flow to require a 72 -inch diameter pipe to carry stormwater toward Lake Minnetonka that is a regional issue and not just a local issue. Councilmember Sundberg stated this drainage problem is critical and it is only going to get worse. It is clear that 100 -year rainfalls are occurring almost yearly. She noted the City's infrastructure is not built to City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 9 of 16 handle what is happening with the rapidly changing climate. She stated she supports pursuing short-term initiatives and long -term partnerships to address the drainage issues. Councilmember Labadie concurred. She stated the City cannot refuse to do anything because of the exorbitant cost. The large cost should not deter staff and Council from expanding ideas about what to do. Engineer Hornby stated WSB staff will complete the Freeman Park Area Drainage Study and bring it back before Council for approval. Councilmember Woodruff asked Administrator Joynes and Director DeJong to identify possible funding alternatives for making the improvements. C. Request for Change in the Posted Speed Limit, Cathcart Drive Director Brown stated the City has received a petition from one resident along Cathcart Drive asking that the speed limit be reduced to 25 miles per hour (mph). A relatively recent change to State Statute § 169.14 allows cities some discretion to lower the posted speed limit on residential roadways from 30 mph to 25 mph. Council recently utilized the change for a speed limit posting on Strawberry Lane. He explained Council recently adopted a policy for evaluating requests for dropping the posted speed limit to 25 mph. The steps in the policy are: the petition must be received; traffic engineers must put out speed counting devices to record the speed, times of travel and volume of vehicles; WSB engineers then evaluate the data collected; the engineers make a recommendation for the posted speed limit based on the evaluation; and, Council considers if a change in the speed limit is appropriate. Brown noted that this evening Council is being asked to accept the petition and to direct WSB to put out speed counters. Councilmember Sundberg noted she drives on Cathcart Road daily and stated that she strongly supports the petition. She explained there is a sharp curve in the roadway and there is a trail crossing in that area. She has witnessed near misses (between vehicles and pedestrians or bicyclists) quite often there. She asked if anything can be done to reduce the safety issues because of the curve. Director Brown stated staff will reexamine that and come back to Council with a recommendation. Sundberg moved, accepting the petition for reducing the posted speed limit for Cathcart Drive to 25 miles per hour and directing the City Engineer to deploy traffic counters on the roadway. Councilmember Labadie noted she drives on Cathcart Drive daily. She expressed concern about deploying the traffic counters when school is not in session. The counts would be a lot less than when school is in session. She suggested waiting until September when school is in session to put the counters out. She asked what time of the day data will be captured. Engineer Hornby explained the counters are generally out for three days; they are not out on Friday through Monday. He noted that he agrees that the data should be captured when school is in session. Councilmember Siakel asked if the petitioner would mind if the counts were taken the second week of September. Councilmember Woodruff commented there was only one petitioner. Director Brown clarified the individual is the voice for the neighborhood. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 1.0 of 16 Woodruff seconded, subject to clarifying that the counters should be placed out on Cathcart Drive the second week of school. The amendment was accepted by the maker. Motion passed 5/0. D. Request for Change in the Posted Speed Limit and No Outlet Sign Request, Lake Virginia Drive and Blue Ridge Lane Director Brown stated the City also received a petition from residents asking that the posted speed limit for Lake Virginia Drive and Blue Ridge Lane be reduced to 25 miles per hour (mph). Blue Ridge Lane is a looped roadway. The petitioners also requested that a No Outlet sign for Lake Virginia Drive be put up. Mayor Zerby noted that eight residents signed the petition. Councilmember Siakel expressed. her support for the requests. Councilmember Woodruff also expressed his support for the requests. He stated that reducing the speed limit to 25 mph does not change drivers' behaviors. Only speed enforcement does. Woodruff moved, Siakel seconded, accepting the petition for reducing the posted speed limit for Lake Virginia Drive and Blue Ridge Lane to 25 miles per hour, directing the City Engineer to deploy traffic counters on the roadways and directing staff to put up a No Outlet sign for Lake Virginia Drive. Motion passed 510. E. Boulder Bridge Stormwater Pond Outlet Discussion Engineer Hornby explained that Council formally received a copy of the revised Feasibility Report for the Boulder Bridge Stormwater Pond Outlet Project during its February 23, 2015, meeting. During that meeting staff was directed to speak with the property owner who brought the need for improvements to the outlet to the City's attention and ask him to initiate a petition. Since that time the City has received a lot of comments from residents via that individual and from the Boulder Bridge Farm Homeowners Association (HOA). The residents are not opposed to the having a gravity outlet to the Pond, but there is opposition to being assessed for it. Therefore, the individual has not been able to bring a petition to the City. The existing Pond is an infiltration basin. It was built in about 1987/1988. Its infiltration rate has slowed over the years. The Feasibility Report recommends a gravity storm sewer that would go to the south across Smithtown Road to the wetland and eventually flow into Lake Virginia. The costs for the improvements range from $193,740 to $239,250 for the three options identified. Staff recommends Option 1 if any of the options are selected. He noted that Mayor Zerby asked that this be brought back before Council for further direction. He stated the intent had been to discuss this Project during a Council and staff retreat. That did not occur because of other higher priority discussions. He then noted his memorandum in the meeting packet identifies five action alternatives. One of the items is for Council to have an informational meeting with the Boulder Bridge residents. Or, Council could set a date for a public hearing because it has already received the updated Feasibility Report. Council could also decide to further discuss this during 2016 Capital Improvement Program (CIP) discussions. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 11 of 16 Councilmember Siakel asked if the Boulder Bridge Farm HOA would also be assessed for the improvements. Engineer Homby responded it would because the HOA has common property that goes adjacent to the Pond. Homby explained the City also has an assessable property due to Howard's Point Road and part of the Boulder Bridge roadways. There are 14 parcels that would be assessed. Siakel noted the information provided with the staff memo indicates the HOA decided not to submit a petition for this Proj ect. Siakel then asked how the classification of a benefiting property is determined. Homby explained that in this situation it is determined by which properties drain directly to the Pond. Engineer Homby noted. that the original Feasibility Report was received by Council in 2005. The Report received early this year was an updated version of the 2005 Report. He explained that in 2005 the assessment was based on the acreage that drained to the Pond. A couple of parcels are quite large and have a large contributing area so their assessment would be quite high. There are some small parcels with small contributing areas. If the Project were to be 100 percent assessed the assessments range from about $188.00 to about $36,500 for Option 1. Some of the benefits are aesthetic and some have a structural impact for at least two homes. Homby then noted another methodology for paying for improvements for the Boulder Bridge Pond is through the Stormwater Improvement Fund which is funded by the stormwater utility fee. A drainage district could also be set up under State Statutes Chapter 444 and the district would be assessed. Mayor Zerby stated if a private property was damaged by the Pond overflowing he asked who would be responsible for the damage. Attorney Keane explained there are examples where municipalities have been held liable when there were defects in the stormwater system which resulted in damage to private property. Zerby asked if Boulder Bridge Pond was built correctly and if the area around it was developed so that the Pond works correctly. Attorney Keane explained the City has a duty of care responsibility to the public when undertaking improvements. It has a responsibility to mitigate risk. That is why professional engineers are hired to assist the City in evaluating risks. As a municipality, the City is not strictly liable for unknown risks. But, for risks brought to the City's attention or for those the City is aware of the Council, as a policy body, has to exercise good judgment to balance the mitigation of the risks against the cost to the public. The City is not a guarantor of preventing all risks and harm to all people and all property. Council is expected to use a standard of care and diligence in evaluating the questions presented to the City. As policymakers Council has latitude. Councilmember Siakel noted that this drainage issue is not new. It has been a problem for some time. She also noted that she likes the idea of Council having an informational meeting with Boulder Bridge residents. She stated that maybe using a cost sharing approach to funding the improvements would be the right thing to do. The City would pay for a share of the cost and benefitting properties would be assessed a share of the cost. Councilmember Woodruff asked how many times Boulder Bridge Pond has had to be pumped and what the cost for that effort was. Director Brown explained the Pond has had to be pumped 3 — 4 times. The pump runs for about 8 days. The total cost per incident (including pump rental, machinery and labor) is approximately $13,000. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 . Page 12 of 16 Woodruff stated some residents don't like the noise generated by the pump and some don't like the aesthetics of the pipe while the pump is running. That needs to be balanced against a permanent solution for a cost of about $200,000. The Pond has been existence for more than 20 years and at most it has been pumped out 4 times. The concern about damage to houses is mitigated because Public Works personnel pump the Pond when there is a need to do so. Mayor Zerby commented that he is a believer in passive systems versus active systems especially when it comes to weather and large rainfalls. Councilmember Woodruff commented that there is the same situation at Mary Lake. Mayor Zerby noted that he is open to having an informational meeting and to the cost sharing approach to funding the improvements. Councilmember Labadie asked what amount the Boulder Bridge Farm HOA would be assessed for 100 percent assessment of Option 1. Engineer Homby stated it would be about $20,000 and clarified when the HOA is assessed everyone in the HOA is assessed. Councilmember Woodruff noted the Feasibility Report Appendix D is a list of the benefiting properties and the estimated assessment costs for the various options. There was Council consensus to hold an informational meeting with the Boulder Bridge area residents. 10. GENERAL/NEW BUSINESS A. hazardous Structures/Premises — 28015 Woodside Road Director Nielsen explained the City received a complaint about the property located at 28015 Woodside Road. The primary complaint was about the swimming pool on the property. The property appears to be abandoned and it may have been so as long ago as seven years ago. The Building Official went to the site in 2007/2008 and had the property owners fix the fence around their pool. The Official went to the site again in 2012 and found the property to be in worse shape. The Official went to the site again a few weeks ago after the City received the complaint and he found the property to be in very poor condition. In fact, the Official classified the condition as hazardous. The Official does not want to enter the house because of the condition it is in. Public Works personnel put plywood over the door to somewhat secure the structure and it also attempted to secure the pool area. He displayed photographs taken of the site and structures and described what Council was seeing. The pool has basically turned into a swamp. The pool cover has come off and vegetation is growing there. If a child fell into the pool they would have a hard time getting out. The sheet rock and insulation are falling from the ceiling. There is black mold everywhere. All the belongings are still in the home. He noted that staff is recommendation the condemnation process. He explained that there are two parts to the start that. The first is to declare it hazardous and order its repair or removal. The second is to order the owner to secure the building. The owner will be given reasonable time under State Statute to either correct the building or remove it. Staff recommends they be given to September 9, 2015. The property owner has a right to appeal and he has been given to August 5 to do that. City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 13 of 16 He explained the property owner basically sent an appeal via email late in the afternoon. The owner thinks the building is quite sound and that it only needs repair and correction. The owner thinks the pool cover only needs to be resecured. Staff does not believe that would be adequate because there is no one on the site. The owner's landscaper told the owner that the fall cleanup was not done in 2014 because of the weather and that the landscaping is in good condition. The property owner has been told that he has to submit a detailed plan of what he intends to do to save the building if that is what he intends to do. Nielsen noted that there is a PS at the bottom of the property owner's email that states "Thanks for sending the pictures — they tell a different story than the reports that we have been relying on from our services ...... Nielsen then noted the meeting packet contains a copy of an Order for Removal or Repair and a. copy of an Order for To Secure Hazardous Building and Premises for Council to act on. Staff recommends Council adopt both. Mayor Zerby stated the property owner claims that he was not aware of the condition of his property until he received both a certified and regular mail letter from the City on July 13, 2015. Director Nielsen stated the owner met with the Building Official as late as in 2012. In both 2007 and 2012 there was an issue with the pool cover. Both times the issue was corrected. He was not sure if the Building Official went inside the structure in 2012. Zerby asked if the City has records of contacting the property owner before. Director Nielsen responded yes. Director Nielsen stated as part of the email the property owner did send an engineering report from 2012. The engineer had indicated the building could be salvaged in 2012. He hopes the owner will have an engineer look at the property now. Councilmember Sundberg stated that from her perspective what is seen in the photos is really shocking and noted she finds the pool the most shocking. She noted that she supports staff's recommendations. She stated if the property owner is going to have the building repaired she thought it imperative that the City receive some meaningful assurance that there would be ongoing monitoring of the building and property in general by a credible service. Director Nielsen stated the property owner lives in the State of Virginia and intends to live here again some time. Councilmember Woodruff stated the Hennepin County property tax records indicate the owner is current on his property taxes. The assessor indicates the property is valued at $130,000, including everything on the property. Director Nielsen stated the building is valued at $10,000. Woodruff moved, Labadie seconded, directing staff to issue the Order for Removal or Repair and the Order for To Secure Hazardous Building and Premises for the property located at 28015 Woodside Road. Motion passed 510. B. Spraying of Milkweed City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 14 of 16 Councilmember Woodruff stated a resident living on Shady Island asked him about the City's roadside mowing and spraying policies. He explained Council has discussed spraying for weeds and a few months ago Council authorized that activity to continue. He wants Council to talk about spraying in areas where there has been an attempt to improve the environment. He wants to know if there is a way to designate areas so they don't get mowed and /or sprayed. Amy Kvalseth, 4980 Shady Island Circle, noted she is pleased Shorewood cares about pollinating bees and other pollinators. She stated earlier this summer she was pleased to find a place on the Shady Island where there was a lot of milkweed growing because that is wonderful for the pollinators and monarch butterflies. One day when she walked by the area the milkweed was drooping because it had been sprayed by City. The area around the center of Shady Island is also sprayed. She expressed concern about the pesticides potentially getting into Lake Minnetonka. She stated she would like there to be a way to preserve areas like that. Councilmember Sundberg asked Ms. Kvalseth if any of her neighbors have expressed concern about the milkweed. Ms. Kvalseth stated they have not complained about the presence of the weeds. She thought they did not want the area on a conger sprayed and that they understand the corner may have to be mowed because of sight line concerns. Ms. Kvalseth stated she did not think there was any reason to spray the center of the Island 10 feet in. Councilmember Sundberg commended Ms. Kvalseth and her neighbors for supporting the pollinator population. Mayor Zerby stated that when Council approved the continued spraying of weeds a few months ago one of the hesitations he had was the City did not have a plan for where herbicides would be sprayed. At that time he asked Council to consider what the City sprays, when it sprays and where it sprays. He again requested that spraying for weeds be discussed on a broader scale. He stated he has been told there are two varieties of the chemical 2,4 -D. He encouraged staff to find ways to get that information. Councilmember Siakel questioned why a Homeowners Association (HOA) and neighbors can't ask the City not to spray. That seems like it would be easy enough to do. Director Brown explained the City is required by State Statute to control noxious weeds within the City's right -of -way (ROW). The City is one of the biggest landowners in the City. He stated if there are areas a HOA opts to not have sprayed the HOA should notify the City of that. In turn he expects the HOA to assume responsibility for maintenance of weeds. Councilmember Woodruff asked what the process is for a group or resident to get an area exempted from mowing and spraying when it has some valid reason for doing so. He stated the center of Shady Island is undeveloped and owned by all of the owners of property on the Island. He noted that he supports Mayor Zerby's suggestion to have a policy for how an exemption from mowing and /or spraying can be obtained for an area. He commented that the City of Minnetrista has a sign near a roadway that asks for the area not to be sprayed because there were wildflowers planted there. Councilmember Labadie expressed concern if only a HOA could ask for an exemption. She stated that if the City implements a policy for such exemptions she thought any resident should be able to take City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 15 of 16 advantage of that. Yet, the City is responsible for controlling noxious weeds in its ROWs. She then stated the City cannot put safety at risk because of overgrown foliage. Councilmember Sundberg stated that one neighbor's idea of a natural habitat may be another's idea of a patch of weeds. She is more supportive of HOAs because there is a consensus of neighbors. She noted that she agrees with Mayor Zerby's suggestion about the need for a spraying policy. Councilmember Woodruff stated he wants to have the type of dialogue that Mayor Zerby suggested. He then stated that to some extent he is bothered by roadside spraying near Lake Minnetonka because it gets into the Lake. Councilmember Siakel stated that every product the City uses or its service providers use is approved by the Pollution Control Agency. Councilmember Woodruff stated the land the herbicides are being sprayed on is considered wetland and there are rules about what can be done to wetlands, including spraying. Siakel stated she thought all of the Councilmembers agree that it is important to protect pollinators and monarch butterflies. She noted establishing a policy is a little more complicated than just saying not to spray and/or mow certain areas. Someone from Public Works has to implement any policy Council comes up with. There was Council consensus to have a work session before any more ROW spraying is done. Director Brown noted that there is no more ROW spraying planned for 2015. f ► [111 111131,111111,11 A. Administrator and Staff 1. 'frail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby stated the City needs just one signature on an easement. 2. Police Chief Search Update Mayor Zerby noted that the South Lake Minnetonka Police Department (SLMPD) member City Administrators /Manager have recommended three police chief candidates for interviews by the SLMPD Coordinating Committee. 3. Christmas Lake Mayor Zerby noted that the ramp at the Christmas Lake boat launch is done and the Lake area near there has been treated. Also, the decontamination program has been implemented. Director Brown clarified that there has been a lot of activity at the ramp and the ramp materials are still at the site. 4. Covington Road Manhole Rehabilitation (MCES Project) City of Shorewood City Council Regular Meeting Minutes July 13, 2015 Page 16 of 16 Engineer Hornby explained Metropolitan Council Environmental Services (MCES) has incorporated some changes for manhole rehabilitation on Covington Road into its forcemain project. There are nine manholes that have to have the top four feet excavated off in order to do some repair work. 5. Minnetonka Country Club Director Nielsen noted that the developer for the Minnetonka Country Club redevelopment project has formally submitted its application. Council has instructed the Planning Commission to schedule an open house early on in the project schedule. The Planning Commission thought that was a good idea and recommended there be two open houses; one to take input and the other to provide answers. Staff is considering July 28 for the first open house. Lo ,= Administrator Joynes stated Mayor Zerby and Councilmember Labadie will meet with staff on the tax abatement process relative to getting the school district involved. B. Mayor and City Council Councilmember Sundberg stated she attended a League of Minnesota Cities annual meeting and on behalf of the City she accepted a level one GreenStep Cities award. The City has two more steps to go. She noted that she thought the meeting was worth attending. Mayor Zerby stated he attended a SLMPD Board meeting recently. There was discussion about Fourth of July activities. Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of July 13, 2015, at 8:59 P.M. Motion passed 510. RESPECTFULLY SIUBMITTED, Christine Freeman, Recorder ATTEST: e erby, M yo Jean Panchyshyn, City Clerk