Loading...
10-10-16 CC Reg Mtg MinILYA U43011 9AW4100J 1010,01 IBM] 1 1111 MINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Acting Mayor Siakel called the meeting to order at 7:02 P.M. A. Roll Call Present. Acting Mayor Siakel; Councilmembers Labadie, Sundberg, and Woodruff; Attorney Keane; Acting City Administrator/City Clerk Panchyshyn; Director of Public Works Brown; and, City Engineer Homby Absent: Mayor Zerby B. Review Agenda Acting Mayor Siakel asked that Item 6.A Presentation by Excelsior Fire District Chief Gerber and Council consideration of the EFD aerial track purchase be added to the agenda. Sundberg moved, Labadie seconded, approving the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of September 26, 2016 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of September 26, 2016, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Siakel reviewed the items on the Consent Agenda. Woodruff moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 16-078 "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore #12, Lucky's Station LLC #7, Shorewood Cigars and Tobacco, Inc., and Wine & Spirits by JD dba MGM Liquors." C. City Administrator Joynes Contract Extension D. Authorize Expenditure of Funds for Replacement Air Compressor System, Piping and Electrical Service for the South East Water Treatment Facility CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 2 of 7 E. ADOPTING RESOLUTION NO. 16 -079 "A Resolution Accepting Improvements and Authorizing Final Payment for 2015 Water Service Improvement Project Schedule B — 21956 Bracketts Road." Councilmember Labadie stated that the retailers that are being approved for licenses to sell tobacco as part of Item 3.13 are all established. She asked if the City has received any other applications. Acting Administrator /Clerk Panchyshyn responded no. Councilmember Sundberg stated that for the contract extension for Administrator Joynes she asked if his rate would be on an hourly basis. Attorney Keane responded yes. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. A. Presentation by Excelsior Fire District Chief Gerber and Council Consideration of the EFD Aerial Truck Purchase Acting Mayor Siakel introduced Excelsior Fire District (EFD) Chief Gerber who was present to talk about the proposed purchase of a new aerial truck. Chief Gerber explained the EFD Board has been talking about the replacement of the ETD's aerial truck over the last three years. During its September 28, 2016, meeting the Board on a 510 vote unanimously approved moving forward with the purchase of a new aerial truck. Because that is the most expensive piece of capital equipment the EFD he asked each of the Boardmembers to confirm that their respective councils supported the replacement purchase. The truck is an approved item in the EFD Capital Equipment Program (CIP). The purchase would be within the CIP budgeted amount and it does not require an increase in the $170,000 2017 contribution to the capital fund. The new aerial has a planned useful life of 20 years. He noted the EFD prepared a seven - minute -long video showing the operation of the ETD's 65 -foot aerial apparatus, the Minnetonka Fire District's 75 -foot mid -mount aerial apparatus, and Pierce's (a vendor) 107 -foot demo truck. He explained the three trucks were taken to six locations — Minnewashta Elementary School, a residential home in Shorewood, a residential home in Tonka Bay, a multi - family apartment in Excelsior, a residential home in Deephaven and a multi- family home in Deephaven to demonstrate the difference in the reach. The 107 -foot Pierce aerial apparatus is what the Board recommended for purchase. Per Council's request, Gerber showed the video which can be found at htt s: // outu.be /HD29Gz� 11 oE. Acting Mayor Siakel thanked Chief Gerber for the outstanding job he does and the firefighters do for the South Lake community. She also thanked him, the firefighters and volunteers for the great job they did putting on the EFD Open House and Safety Fair on October 6. Gerber noted that EFD Fire Inspector Murphy - Ringate does a very good job of coordinating that event. He stated the turnout was tremendous CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 3 of 7 particularly on such a rainy and cool evening. Councilmember Labadie stated she thought the event is great for children and it is very educational. Chief Gerber stated that this evening he is asking Council to express its support for what the EFD Board has recommended either through consensus or through a formal motion. Sundberg moved, Siakel seconded, authorizing the Excelsior Fire District Board and EFD Chief Gerber to move forward with negotiating the purchase of the 147 -foot Pierce aerial apparatus. Motion passed 410. 8. PLANNING A. A Professional Services Agreement for Lilac Lane Drainage Study Engineer Hornby explained that during its September 26, 2016, meeting Council discussed a drainage issue on Lilac Lane. During that meeting Council directed staff to contact staff at the City of Chanhassen to find out if it would be willing to pay for part of the cost to study the drainage issue because some of the stormwater flowing into the problem spot flows from Chanhassen. Council also directed staff to research when improvements are scheduled to be made to that roadway. Chanhassen has indicated it wants to know what the problem is and the solution is before it commits to funding. The Street Reconstruction Capital Improvement Program (CIP) has Lilac Lane slated for a mill and overlay in 2019. Council had asked him during that meeting what he thought the solution would be and he indicated then that he thought it would require creating a drainage swale to carry the stormwater across the yard and to the wetland nearby. WSB & Associates has submitted scope of services proposal for the preparation of a feasibility letter and preliminary design services for an estimated fee of $8,300. Councilmember Sundberg asked when Chanhassen will make up its mind about funding. Engineer Hornby responded after Shorewood does a drainage study that identifies what the problem is and what the cost of the mitigation would be. Acting Mayor Siakel stated during the September 26 meeting staff stated that there are similar drainage issues throughout the City. She explained based on what staff explained during that meeting the previous owner of the 21710 Lilac Lane property constructed a driveway at the low point of Lilac Lane going against what staff had advised. The current owner of that property had asked the City to help find and fund a way to mitigate the amount of water that flows on to and over his property. The motion to approve a study failed on a split vote. She asked Council if it wants to make an exception for the owner of the 21710 property owner. Or, does Council want to adhere to its plan to do a mill and overlay of Lilac Lane in 2019 and at that time consider what, if anything, could be done to mitigate the drainage issue. Councilmember Labadie reiterated Council was divided during the September 26 meeting. During that meeting staff noted there are 100 similar drainage situations in the City. She asked Engineer Hornby if that number is correct. Hornby stated that number was mentioned by Director Nielsen. Engineer Hornby stated staff assessed a couple of similar situations as part of the 2016 mill and overlay project. Staff was considering addressing them with spillways in order to direct the water in a more permanent fashion. He explained that the majority of the City's roadways are rural; they do not have curb CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 4 of 7 and gutter. For rural roadways water flows over the surface and through ditches and swales to low points and on to wetlands. There are a number of situations throughout the City. There is an identical situation on Minnetonka Drive where the driveway was put in at the low point. There are also others in the City; how many he does not know. Councilmember Labadie stated that when she went to look at the 21710 Lilac Lane property before the September 26 meeting it appeared that a lot of the stormwater was flowing down Lilac Lane from properties in Chanhassen. Engineer Hornby explained the development in Chanhassen has a stormwater system that drains to the east. That system has catch basins before the Chanhassen roadway reaches Lilac Lane. The majority of the stormwater is handled by the system. During major rain events some water will flow past the catch basins resulting in some of the stormwater reaching Lilac Lane. The rear yards of properties drain toward Lilac Lane. He estimated that about one -half to three - quarters of the water on Lilac Lane comes from land in Shorewood. He stated some of the stormwater drains into a wetland owned by Shorewood. That water flows across one or two private properties. He explained when staff evaluates a drainage situation like that and recommends improvements it does not recommend changing the drainage pattern. Hornby stated if Council chooses not to move forward with the drainage study then when it comes time for the mill and overlay in 2019 staff will assess how to improve the drainage situation. Acting Mayor Siakel stated if the property owner is willing to share in the expense she asked what that means. Engineer Hornby stated the property owner has not specified that. Larry Stokes, 21710 Lilac Lane, stated if the City told the developer of the property not to build the driveway where they ultimately did he asked why that cannot be found in any document the City has about the property that he has seen. The City Building Inspector seems to be very detailed and he is surprised that he would not have made some issue of it. He then stated when someone says there are 100 other properties with a similar drainage situation he asked where the data supporting that comes from. Or, is someone just putting that number out there. He noted that if his driveway was not located where it is there would still be stormwater flowing on to and across his property. He asked if there is some other way to identify a solution without spending about $8,300 on a study. Engineer Hornby explained a drainage study needs to be done to determine the amount of water and its velocity flowing down toward the property to determine what type and size of Swale is needed. Without doing a drainage study he cannot guarantee any change is going to work. Mitigating the problem the wrong way could cause issues in other places. Mr. Stokes stated he does not think that creating a swale would cost much more than $10,000. Engineer Hornby noted there are two similar projects in other communities that are underway. The initial bid for one was $110,000 and the second one is estimated at approximately $95,000. Acting Mayor Siakel explained there are drainage issues throughout the City and there is an attempt to mitigate them when infrastructure improvements are made. The City has a 20 -Year Pavement Management Plan (PMP) and all of the City's roadways are included in that Plan. As previously stated Lilac Lane is scheduled for some improvement in 2019 so that would be the time to assess making drainage improvements. She stated that as a member of Council she has a responsibility to try and ensure people are treated the same. If Council approved this study it would have to do the same for other property owners who make a similar request. She then stated her preference is to adhere to the schedule in CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 5 of 7 the PMP unless there is a safety issue or a hazardous situation. She noted that if improvements to Lilac Lane were scheduled 10 years out she probably would consider doing this now. Mr. Stokes stated that his driveway is damaged and there is no point in fixing it until the drainage issue is resolved. He questioned what he needs to do with the City before he could try and improve the situation himself. He explained there is a ditch where his driveway used to be that is about 18 inches deep. He has repeatedly filled it with gravel but the gravel keeps washing out. Councilmember Labadie asked what Mr. Stokes' first step should be. Engineer Homby stated he would have to go and look at Mr. Stokes' property and noted he would do that. Director Brown encouraged that to be a cursory look. Brown cautioned against promoting a solution without analyzing all of the factors. Brown stated there are many people who would offer up a quick solution so he encouraged Mr. Stokes to make sure it is a good solution. Councilmember Labadie stated a cheaper solution is not always the best. It may cause other problems. She noted that the City has strict guidelines it has to follow. Engineer Hornby stated the Minnehaha Creek Watershed District (MCWD) offers grants for certain types of drainage problems. Mr. Stokes thanked Council for its time. There was Council consensus to take no action on this item. B. Award Contract to Alternate Contractor for Power Washing Exterior of East Water Tower Director Brown explained that the contractor that was awarded the initial contract on May 31, 2016, to power wash the exterior of the East Water Tower has failed to perform. The contractor was put on notice that because of its failure to perform the City was going to use a. different contractor. Staff recommends re- awarding the contract to the alternate contractor Water Tower Clean and Coat, Inc. in the amount of $5,325. That is $150 more than the quote from the original contractor. Councilmember Woodruff stated the City uses KLM Engineering a lot for work on the City's water towers; KLM was awarded the initial contract. He expressed his disappointment that KLM did not address the problem with its subcontractor. He was concerned that would happen again in the future if the City hired KLM again. Director Brown explained that when the City was going to bid out the project staff learned that KLM offered water tower power washing services via a subcontractor Badger Inspections, LLC. At the time the bid was received staff researched Badger Inspections. The City of Tonka Bad had recently used Badger Inspections for work on its water tower and was satisfied with the work performed. After three revised dates from Badger for doing the power washing staff decided it was time to find another contractor and notified KLM of the change. He noted that he is confident that KLM would continue to provide quality engineering services. Woodruff moved, Labadie seconded, canceling the contract with KLM Engineering and appointing the alternate contractor Water Tower Clean and Coat, Inc. for the power washing of the East Water Tower for an amount not to exceed $5,325. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 6 of 7 C. Accepting and Approving Grant Agreement with Metropolitan Council Environmental Services for Improvement of Publically Owned Infrastructure Engineer Hornby explained that in 2014 Metropolitan Council Environmental Services (MCES) established a grant program to try and entice municipalities to reduce inflow and infiltration (I &I) into publicly owned sanitary sewer systems. The City applied for a grant. The program reimburses for 50 percent of expenses incurred up to a maximum amount which is currently $25,000. If there are not a lot of applicants the City could be reimbursed more. The City has incurred eligible expenses while doing the Sunnyvale Lane Street and Utility Improvements Project in 2014 when the sanitary sewer system was replaced. It also incurred expenses while doing the Star Lane and Star Circle Street and Utility Improvements Project when infiltration shields were put on the castings and short liners were put in the pipe where there were some leaks coming into the pipe joint. Those costs will be submitted to MCES for reimbursement. MCES asks that the grant agreement be approved before it gives the reimbursement. Hornby noted the meeting packet contain a copy of a resolution approving the grant agreement between the City and MCES. Labadie moved, Sundberg seconded, ADOPTING RESOLUTION NO. 16 -080 "A Resolution Accepting Rid and Approving the Grant Agreement between the City of Shorewood and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure." Motion passed 4/0. A. Administrator and Staff 1. Trail Schedule Engineer Hornby stated the contractor is working on a few punch list items for Smithtown Road East Sidewalk Extension Project. There is one cracked pedestrian ramp that has to be repaired. There is a driveway apron that needs to be put in. Staff has been trying to get in contact with a couple of property owners the City obtained easements from to talk about planting trees. 2. Monthly Budget Report The meeting packet contained a copy of the August 2016 Monthly Budget Report. Director Brown stated people finally got the speed display sign on the east side of Country Club Road working for north bound traffic. Now, the one on the west side of the road for southbound traffic is not working. Engineer Hornby noted that the trunk watermain extension project for the Oppidan Investment project started today, October 10. Resident notices were sent out to the affected property owners. There was a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2016 Page 7 of 7 preconstruction meeting last week. The goal is to complete the extension project on the north side of Highway 7 this year. Acting Administrator/ Clerk Panchyshyn stated there is a household hazardous waste collection event at the Shorewood Public Works facility scheduled for October 13 —16 from 9:00 A.M. — 4:00 P.M. She then stated there is a paper shredding event scheduled for Saturday, October 14 from 9:00 A.M. to Noon at City Hall. She noted that October 18 is the last day to pre - register to vote. Councilmember Labadie stated before the 2016 spring clean -up event she asked staff to research where residents can bring their used children's car seats for disposal. Acting Administrator/ Clerk Panchyshyn stated she thought the Recycling Coordinator researched that and did not find any place that takes them. Attorney Keane noted the State Supreme Court declined to review the City's request. A meeting will be scheduled with Council to talk about that. B. Mayor and City Council Councilmember Labadie asked drivers to slow down when they are driving near the schools. She stated that last year a student was struck by a vehicle outside of Minnetonka Middle School West; fortunately nothing happened. A couple of weeks ago a high school student was fatally struck near Minnetonka High School. She noted that last week she witnessed a student almost get hit by a vehicle outside of Minnetonka Middle School West. Councilmember Sundberg noted she is a former member of the Riley Purgatory Bluff Creek Watershed District ( RPBCWD) Board of Managers. She stated the Chairman of the Board Perry Forster called her and asked if she would meet with him and RPBCWD Administrator Clair Bleser which she did do. She thought the purpose of the meeting was to reassure Shorewood that they are very aware of Silver Lake. When she was a Manager it was not. A lot of organizational changes have been made at the RPBCWD. Priorities have also been adjusted. Instead of having a strong focus on carp research they are now focused on the entire Watershed. She encouraged staff and Council to keep very engaged with RPBCWD staff. She noted she learned that the presence of wild rice in Silver Lake is complicating how Silver Lake should be classified. She stated she thought both organizations should continue to engage with each other. Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of October 10, 2016, at 7:49 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Je n Pa , e k