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06-12-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 12, 2017 k1 _ k _ M 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Director Brown asked that a discussion regarding the City's Tree and Brush Debris Disposal Policy be added to the agenda. Mayor Zerby stated that it would be added as Item &.B on the agenda. Director Darling stated the appellants for Item 7.13 on the agenda requested additional time to review the staff position regarding their appeal of a zoning violation relating to their dock. Pursuant to Section 1201.05 in the Zoning Ordinance staff recommends Council refer this Item back to the Planning Commission for the formal appeal process as outlined in the Zoning Code with the intent of placing that item on the Council's July 24, 2017 meeting agenda. Staff also recommends Council direct staff to clarify the intent of the Code to conform to City Policy that no accessory structure, including a dock, be permitted without a principal structure. Attorney Christine Lake representing Marty and Ann Davis owners of the 5460 Howard's Point Road rp opeM, stated the Davis' property is located next to parcel that has a dock on it that has been found to be in violation. She noted they object to continuing Item 7.13 placed on a future Council meeting agenda. That dock prevents the Davis' from putting in a dock on their property because the dock in violation and the boats at that dock prevent ingress and egress if another dock were to be installed on the Davis' property. That would continue to be the case for another month if the item is continued. She noted that as of 3:00 p.m. that day she had not been advised that a continuation of Item 7.13 would be asked for. She asked that the appeal be considered by Council this evening and acted upon pursuant to the paper work and staff's recommendation. Attorney Keane stated the appellants have the right to ask that the matter be continued and withdrawn from this meeting agenda. City staff will proceed immediately with prosecuting the setback violation and seek the correction of that in the location of the dock. Attorney Lake asked if the correction of the setback violation includes removal of the dock entirely noting because of the setback rules she does not think there could be a dock there. Attorney Keane stated the existence of the dock without there being a principal structure will be continued for further discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 2 of 15 Zerby moved, Siakel seconded, approving the agenda as amended and referring the City Code Violation (Dock Regulations) appeal relating to the parcel located between the 5460 and 5465 Howards Point Road properties back to the Planning Commission for the formal appeal process and directing staff to clarify the intent of the Shorewood Code to conform to City Policy that no accessory structure, including a dock, be permitted without a principal structure. Councilmember Siakel asked when the notice requiring the correction of the setback violation will be sent out. Attorney Keane responded this week. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of May 22, 2017 B. City Council Regular Meeting Minutes of May 22, 2017 C. Approval of the Verified Claims List D. Adopting RESOLUTION NO. 17 -051, "A Resolution Approving Amendment No I to Water Tower Space Lease Agreement By and Between The City of Shorewood (City) and Sprint Spectrum Reality Company, LLC (Lessee) for Premises Located at 5500 Old Market Road." E. Approve P -Card Policies F. Adopting RESOLUTION NO. 17 -052 "A Resolution Adopting Personnel Policy Changes Pursuant to Minnesota State Statute." G. Adopting RESOLUTION NO. 17 -053, "A Resolution Accepting Quote and Awarding Contract for the 2017 Pavement Marking Project." In response to a comment from Mayor Zerby, Engineer Hornby explained the pavement markings for roadways that are not on the sealcoat, mill and overlay and reconstruction project schedules will be done as part of the 2017 Pavement Marking Project; they will be done earlier in the year. Pavement markings for those roadways that part of other projects will be done as part of the project. Councilmember Sundberg asked if it is common for employers to allow employees to use sick leave to care for siblings. Administrator Lerud confirmed it is. Motion passed 510. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 3 of 15 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Making Park Commission Appointment Mayor Zerby stated on May 22, 2017, Council interviewed two candidates for the open seat on the Parks Commission. Councilmember Sundberg stated she thought both candidates are excellent. She suggested appointing Nathanial Gorham to the Park Commission. Sundberg moved, Johnson seconded, Adopting RESOLUTION NO 17 -054, "A Resolution Making the Appointment of Nathanial Gorham (June 12, 2017 — February 28, 2019) to the City of Shorewood Park Commission." Mayor Zerby stated it is difficult to choose when both candidates are so good. Council did ask each candidate if they would be willing to serve on other committees as well and both indicated they would. Motion passed 510. 7. PLANNING A. Final Plat and Development Contract for Minnetonka Country Club 2nd Addition Applicant: Mattamy Homes Location: Country Club Road /Smithtown Road/Yellowstone Trail Director Darling explained that Mattamy Homes has submitted a re nest for its final plat for its Minnetonka Country Club (MCC) planned unit development (PUD 2° Addition (Phase 1I). The 2 °d Addition includes 53 lots for single family homes and five out lots. The plans are consistent with the preliminary plat and plan approval with two exceptions., Mattamy intends to continue with a three - phased approach to developing the site. Mattamy now proposes to develop more lots in Phase II (53) instead of the 37 originally proposed. The last 16 of the 142 lots will be developed in Phase III. The 2 °d Addition Development Agreement reflects the change. The second exception is a request to allow below grade window wells to encroach into the side yard drainage and utility easements for the 90 -foot wide lots. The builder purchasing the lots requested the change because its models have lower level bedrooms toward the front of the homes with the egress windows on the side rather than in the back as Mattamy had proposed. The builder's layout allows them to have different features for their houses (e.g.; sport courts, sun porches). Staff recommends approval of the change subject to the following conditions. • Window wells would not be allowed in any easement that contains public utility mains (i.e.: water, sanitary sewer or storm sewer). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 4 of 15 • The below grade window wells shall not encroach more than four feet into the easement or required setback or be greater than five feet wide to ensure there is enough easement left to accommodate adequate drainage. The applicant is going to propose a slight change to those dimensions. • Any window well within an easement must be constructed of materials that are not permanent in nature such as corrugated metal, landscaping pavers or other approved materials which could be removed by the homeowner as needed by the City in order to perform work commonly conducted in drainage and utility easements. The City would not be responsible for restoring window wells disturbed by the City or on behalf of the City. The City would not be responsible for any damage to the window wells or foundation walls related to any City projects consistent with the drainage and utility purpose of the easement. Darling noted that change is not retroactive. Therefore, if Council approves the change staff will draft an amendment to the Phase I Development Agreement that would allow similar improvements within the lst Addition for Council's consideration. Mayor Zerby noted that most of Shorewood is a clay soil, not a sand soil. That helps perpetuate drainage issues throughout the City because of the way the water is directed. He asked if the proposed egress windows would work well with the clay soil. Director Darling stated staff believes with six feet of easement remaining the applicant should still be able to accommodate drainage, especially because of the way the development is designed. If the drainage could not be accommodated in that six —foot easement area then the applicant would not qualify for a permit to have the window well in the easement. Mayor Zerby asked if each permit will be reviewed to ensure adequate drainage. Darling confirmed that. Councilmember Siakel asked how many houses and which ones would have egress windows where the window well would encroach into the easement. Brian Theis with Mattamy, Homes, explained the plan is to have egress windows in the side yard of the 90- foot -wide lots which are the standard single - family lots. CalAtlantic has a slightly different configuration for its basements to accommodate, for example, sport courts and porches. Mattamy would not have accommodated those types of things into its houses. There are 100 90- foot -wide lots and they are asking for that for all 100 lots. There are 53 90- foot -wide lots included in Phase I1. The plan is to come back before Council and ask for an amendment for its 1St Addition Development Agreement for consistency reasons. Karen Coune 5935 Seamans Drive, stated her property backs up to the MCC development. She asked if the number of lots is going to be increased in Phase 11 increasing the total number of houses to more than 142. Mr. Theis clarified that essentially the original Phase lI and Phase III are being done in reverse order. The total number of houses will remain at 142. Mr. Theis stated for the entire development the grading was done in two phases. The platting will be done in three phases. Councilmember Siakel asked how many egress windows there will be on a house. Mr. Theis clarified one. Mr. Theis clarified that all 100 90- foot -wide lots will have a house with an egress window. The window well will encroach into the drainage and utility easement on 37 of those lots. The shape of some of the pre- shaped lots does not require any encroachment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 5 of 15 Councilmember Labadic asked if the window wells for all 100 houses would be required to be constructed with nonpermanent materials. Director Darling clarified that is a requirement for all of the window wells that encroach into the easement but not for those that do not encroach. Councilmember Siakel asked if the houses on the 37 lots with window wells that encroach into the easements will have varying architecture. Mr. Theis confirmed there would be some variation. Councilmember Siakel asked Director Darling if the applicant's request is unusual. Darling stated it is not unusual to request to have a window well six feet from the property line, but it is a little unusual to have it encroach into the drainage and utility easements. She thought the City's interests would be protected because they cannot have an encroachment into an easement where there is a utility main. And, they have to be able to accommodate the drainage around the window well. Siakel stated she wants the City to have some control over that. Mark Sondstegard the Vice - President for Land Development with CalAtlantic Homes, stated he has been working with Mattamy on the land purchase and to ensure houses fit on the lots CalAtlantic is going to purchase. He explained the CalAtlantic houses will be 70 feet wide; that is the same as what Mattamy was going to build. The only difference is CalAtlantic has a couple of options off the rear of the houses that would require additional space in the basement. One of the options is to put a bedroom toward the front to a] low, for example, a sport court. Having the bedroom toward the front requires one egress well for access and that would make the house a little wider and thereby encroach into the side yard drainage and utility easement. CalAtlantic has been working with staff over the last few months to come up with a reasonable compromise. Cal Atlantic is fine with what staff proposed with the exception that it would like the width of the egress pit to be five and a half feet wide rather than five feet. The structure CalAtlantic is considering for a drop in egress pit is five and a half feet wide. It would be attached to the wall and could be removed. The pie shaped lots have sufficient room; there is no need to encroach into the side yard easement. The perfectly rectangular 90- foot -wide lots require the encroachment into the easement. There are about 37 lots in total that would require an easement encroachment for the egress pit; he wants to confirm that number. Mr. Sondstegard stated CalAtlantic will make a concerted effort to limit encroachment into the easement as much as possible. He reiterated it would be necessary for the egress pit to encroach into the side yard easement/ setback for the perfectly rectangular lots with parallel lot lines. Mayor Zerby asked what the side yard setbacks are. Mr. Sondstegard stated 10 feet on each side noting the encroachment would be four feet into the 10 feet. He explained he thought there has to be two and a half to three feet of space inside the egress pit to crawl out. In response to a comment from Zerby, Mr. Sondstegard stated there would be six feet of clear space in the easement so there should not be a drainage issue. Sundberg moved, Labadie seconded, Adopting RESOLUTION NO. 17 -0551 "A Resolution Approving the Final Plat of Minnetonka Country Club 2 °`i Addition (PUD )," In response to question from Councilmember Sundberg, Director Darling stated the egress requirements are stipulated in the Development Agreement for the Minnetonka Country Club 2 °d Addition PUD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 6 of 15 Mayor Zerby stated he thought there are two motions for Council to consider. One is to adopt the resolution approving the final plat for the 2" d Addition. The second is to approve the Development Agreement for the MCC 2nd Addition PUD, Director Darling clarified if Council adopts the Resolution it is also approving the Development Agreement. Councilmember Siakel expressed some concern about the egress encroachment. But she can support it as long as it is implemented as directed by the Planning staff. Councilmember Labadie stated she thought the houses would be cramped to begin with. With the easement encroachments it will seem tighter. However, she will rely on Director Darling's expertise. Without objection from the seconder, the maker amended the motion to subject it to it being contingent on the Planning Director's recommendations regarding the egress window wells. Motion passed 510. B. City Code Violation (Dock Regulations) / Appeal Applicant: Guy Sanschagrin Location: Howard's Point Road (vacant parcel) This item was removed from the agenda per staff's recommendation. 8. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Award Contract for Public Works Ravine Stabilization Engineer Hornby explained the meeting packet contains a copy of the bid tabulation for the Public Works Ravine Stabilization Project. The Project actually includes three projects to help alleviate some erosion drainage issues. The following improvements are proposed within the Public Works drainage ravine. • Installing storm sewer pipe from the existing outlet to the stormwater pond. • Utilizing stockpile materials located on the Public Works site to fill in the existing ravine. • Establishing vegetation to control erosion. The following improvements are proposed within the Smithtown Road Storm Sewer Extension. • Extending storm sewer pipe from the existing outlet on the west side of Star Lane. • Utilizing stockpile materials located on the Public Works site to fill in the ditch and regrade a minor swale over the top of the newly installed storm sewer pipe. • Establishing vegetation to control erosion. The following improvements are proposed for on the south side of Star Circle. • Installing draintile along the south side of Star Circle east of the existing catch basin. • Utilizing stockpile materials located on the Public Works site to fill in the ditch and regrade a minor swale over the top of the newly installed storm sewer pipe. • Establishing vegetation to control erosion. The City received three quotes for the project. The Engineer's estimate for the project was approximately $95,000. The low quote for the project was received from G. F. Jedlicki, Inc., for an amount of $105,445.00. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 7 of 15 Hornby noted staff recommends Council adopt the resolution accepting the quotes and awarding the construction contract to G. F. Jedlicki, Inc., in the amount of $105,445.00. Mayor Zerby stated when the Public Safety Facility in Shorewood was built most of the material from the excavation work was left on the site. He asked if that material could be reused. Engineer Hornby explained there is a multipurpose function for what is being proposed. Public Works is out of room for the materials it has stockpiled. Some of the material is excess material dug out during repairs of watermain breaks. It is better to use that material on site than it is to haul it away. Some of it is also street sweepings. That material could be depleted by using it for the Public Works ravine and the ditch along Smithtown Road. Zerby then stated a pathway has been created that goes from one end of the road to the Lake Minnetonka Regional LRT Trail. A former Police Chief had at one time proposed putting a trail in near the Public Safety Facility but later reversed his position. There is still some interest in having that done. Director Brown stated that is not part of the plan. Director Brown explained just beyond the right edge of the pond is a common boundary between Public Works site and the public safety site. There was difficulty with obtaining approval from the Minnehaha Creek Watershed District to move forward with what was proposed. He stated Public Works is out of room for storing additional material; it needs to get rid of some of that material. The ravine is about 13 to 15 feet deep in some spots. The installation of a trail could potentially be done as a change order noting it is important to move forward with this project as proposed. Mayor Zerby asked if the ravine was impacted by adding soil to the property. Director Brown clarified the soil Zerby was referring to was on the public safety facility site. Director Brown explained that when the Public Works site was originally constructed about 23 years ago people chose to outlet a stormwater that drains a portion of the site far up the hill. A number of times Public Works personnel have tried to mitigate the erosion through there. Enough water flows through the area to require a hard pipe and energy dissipation that goes down to the pond. Mayor Zerby asked what it would cost to haul the stockpiled material away from the Public Works site. Director Brown explained that in the past it cost approximately $33,000 to haul two years of accumulated material away. The material has to be taken to a managed landfill. He estimated that it would cost $50,000 to $55,000 to haul away what is presently there. Zerby then asked if the City budgets $25,000 annually for the removal of street sweepings. Brown explained that expenditure was cut from the budget a few years ago when budgets had to be reduced; it should be added back into the budget. Director Brown stated that a lot of the street sweepings is sand. It gets tested for heavy metals and a number of other items. He noted the City uses a sand /salt mixture during the winter on its roadways. Mayor Zerby stated he does not recollect that the cost for disposal of the street sweepings was removed from the budget. Councilmember Siakel asked why there is such a big difference between the low quote and the high quote for the project. Engineer Hornby stated lie was not sure why because all contractors bid off of the same bid form and looked at the same site. He commented that highest quote may have come from a contractor CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 8 of 15 who was not as interested in taking on more work at this time because they are already busy. Siakel then asked if the City has used G. F. Jedlicki before. Hornby noted the City has and stated the City had good experiences working with Jedlicki. It is a smaller contractor that does not try and nickel and dime the City for everything. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 17 -056, "A Resolution Accepting Quotes and Awarding Contract for Public Works Ravine Project and Smithtown Road Storm Sewer Extension, City Project 16 -10, to G. F. Jedlicki, Inc., for an amount not to exceed $105,445.00." Mayor Zerby stated he is not in favor of moving forward with this. He expressed $100,000 is lot of money and there are other more pressing drainage issues in the City that need to be addressed. He clarified he is not against addressing drainage issues. Motion passed 4/1 with Zerby dissenting. B. Accept Letter Report for 2017 Pavement Reclamation Project Engineer Hornby explained the Letter Report for 2017 Pavement Reclamation Project is an extension of the 2017 Mill and Overlay Project. It is a preliminary design similar to a feasibility report. The Project includes the reclamation of Echo Road, Howards Point Road, Kathleen Court, Oak Ridge Circle and Summit Avenue. The modified 2017 Capital Improvement Program (CIP) budgeted $808,000 for the Project. The estimated cost is $809,420. The Project does not include any major drainage improvements. He has spoken with a few property owners that would like the City to make some improvements to lessen the drainage issues. One property owner lives along Howards Point Road and one along Echo Road. The issue on Echo Road is difficult; an attempt will be made to try and reduce impact to a property. There is a spot on Howard Point Road that needs to be raised to address the issue. Both issues are at a low point. Councilmember Siakel asked if the small drainage improvements will be decided on before ground is broken. Engineer Hornby stated the intent is to try and work them into the plan. Engineer Hornby stated what is mainly being considered with regard to drainage is the replacement of culverts, the removal and replacement of a couple of catch basins, and maybe slightly adjusting the grade (something similar to what is done for a mill and overlay project). Mayor Zerby asked when the five roadways were originally scheduled for reclamation. Engineer Hornby explained they were originally scheduled for a mill and overlay in 2017. Prior to developing the mill and overlay plans coring samples were taken from the roadways. The cores determined the pavement was in poor condition and doing a mill and overlay would not have been the best use of City funds. Staff then recommended the roadways be reclaimed instead. Engineer Hornby noted staff recommends Council adopt the resolution accepting the feasibility report and authorizing the preparation of plans and specifications for the Project. He then noted the plans are about 35 to 40 percent complete. Mayor Zerby asked if there have been any neighborhood meetings regarding this project. Engineer Hornby stated the City typically does not have neighborhood meetings on this type of project, but they can be scheduled for each of the five roadways at Council's discretion. Zerby stated the bituminous curb along Summit Avenue would be replaced with concrete curb and gutter and there will be some spot CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 9 of 15 replacement of curb and gutters in other areas. He thought it would be important for the residents to know that. Hornby stated that could be added to the scope of services for an additional cost. Zerby moved, Sundberg seconded, Adopting RESOLUTION NO. 17- 057, "A Resolution Accepting Feasibility Report and Authorizing Preparation of Plans and Specifications for the 2017 Pavement Reclamation Improvements, City Project 17 -13" subject to adding neighborhood informational meetings to the scope of services. Motion passed 510. C. Authorization to Obtain Drainage and Utility Easement 4750 Amlee Road Director Brown explained staff was contacted by Mr. Michael Rodewald, owner of the property located at 24770 Amlee Road, a number of times regarding continual erosion that occurs on the side of his property. Mr. Rodewald is concerned about possibly losing his deck and damaging his house structure. The natural low point for Amlee Road appears to be Mr. Rodewald's side yard. He noted that a number of years ago the City considered reconstructing Amlee Road, Glen Road and Manitou Lane because they were in bad shape. That did not happen due to resident resistance. He met with Mr. Rodewald about his request to stabilize the area; for now filling in the ruts created by erosion and reestablishing the turf. The City does not have an easement along Mr. Rodewald's property; it is an older plat. There is a dedicated I0- foot -wide side yard drainage and utility easement on the property immediately east of Mr. Rodewald's property. When the City reconstructs Amlee Road it will need to have an easement on the Rodewald property in order to install a more permanent solution to the drainage area to the north. At this time Mr. Rodewald is not interested in installing a more permanent solution. He does want the area restored and is therefore willing to dedicate a 15- foot -wide drainage and utility easement. hl return the City would fill in the ruts and establish a turf on the graded area and record the easement against Mr, Rodewald's property. Brown noted staff recommends Council authorize staff to obtain a 15- foot -wide drainage and utility easement at 24770 Amlee Road. Mayor Zerby stated Google Street View shows there are a number of trees along the property line between the two properties. Director Brown stated if a storm sewer pipe were to be installed as part of a larger improvement project it may require the removal of some of those trees. Zerby asked if the City has a policy that requires replacing those trees. Brown explained the City has a tree replacement policy for new development. It is not necessarily for existing lots. He does not believe many of the trees along the property line would be considered significant trees. Councilmember Siakel stated the City has a policy regarding utility easements that says the City does not have to restore an easement to exactly the way it was before work was done in the easement. It is extremely important that Mr. Rodewald understands that when the City puts in a more permanent drainage solution the City does not have to restore the easement to the pre - improvement condition. Director Brown stated there a number of residents who live along Amlee Road who also have concerns about where water pools on the roadway. They want that resolved now. He then stated he tried to convince Mr. Rodewald to allow the City to install a storm sewer pipe now so that it is in place when the City reconstructs Amlee Road. Mr. Rodewald was not interested in having that done. He informed Mr. Rodewald that the easement would be permanent. Mr. Rodewald only wants the ruts filled in and the turf restored. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 10 of 15 Mayor Zerby stated it appears there is a sanitary sewer access cover in the area where water pools on the roadway. Director Brown confirmed that. Director Brown stated he was convinced that Mr. Rodewald understands the significance of the easement. He then stated at some point the City would have to obtain an easement. If the City does not obtain that now it might be an expense in the future. Mayor Zerby noted he thought it is the right time to obtain the easement. Siakel moved, Labadie seconded, authorizing staff to obtain a 15 -foot -wide easement at 24770 Amlee Road. Motion passed 5/0. D. Tree and Brush Debris Disposal Policy Discussion Director Brown stated after the storms the previous weekend City staff and members of Council received questions from residents about whether or not the City will provide curb side pickup of tree and brush debris. He noted the City has a Policy for Disposal of Tree and Brush Debris; it was established by the then City Council on May 19, 1998. The Policy came about as a result of major storm events. The Policy does not identify what would trigger the City to provide curb side pickup of debris. He explained that Mayor Zerby had asked him if the City was going to provide curb side pickup of debris from the weekend storm events. He informed Zerby lie was hesitant to provide the service without direction from Council. The last time the City provided that curb side pickup service after a storm it cost the City about $33,000 to $35,000 (that included handling of, disposal of and so forth). It would require a dedicated Public Works crew for approximately two and a Half to three weeks. Providing the service is a convenience to residents. Many waste haulers who provide service in the City also provide that similar service for smaller debris. There is also a site out west that will accept brush and tree debris. After the Policy was established in response to a significant storm event the City provided a disposal service and stored the debris at Freeman Park. The City caught quite a few contractors leaving off debris during the night. There were also contractors the City did not catch. There are also residents who will take advantage of a curb side pickup by taking existing debris (not from a recent storm) and put it out in the right -of -way for pickup. Brown stated staff is asking if Council would like staff to refine the Policy for future consideration by Council. Staff would also like Council to provide direction regarding the recent storm event. Mayor Zerby inquired whether there would be an environmental benefit for the City to provide the service. For example, would the City receive any credit towards compliance with its total daily maximum load (TDML) requirement? Director Brown responded he was not aware of any benefit. Zerby stated Brown had previously indicated the City would have to do street sweeping again because of all the leaves that came down so they do not end up in lakes and rivers; that counts toward the TMDL. But, there is no environmental benefit for the City picking up larger cut -up fallen branches. Director Brown stated Public Works' goal is to clear the right -of -way as soon as possible. The first is for safety reasons. The second is the longer the debris is out there the more it multiplies. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 11 of 15 Mayor Zerby stated he was not prepared to have the City spend $30,000 or more to provide curb side pickup service of storm debris for residents. He agrees that the Policy should be clarified as to when the City would provide that service. Councilmember Siakel indicated she considers the Policy to be somewhat like a disaster policy. She stated there needs to be discussion about when the City needs more help for a cleanup; the Public Works staff was working on cleanup from 8:00 a.m. to 8:00 p.m. She then stated she understands Director Brown to be saying the City needs a policy for when something extreme happens. Mayor Zerby noted that Public Works helped public safety after the storm. He asked if that was Shorewood specific. Director Brown stated it was for Shorewood and noted the other public safety member cities also had staff helping. Director Brown stated the Public Works relationship with Hennepin County Emergency Management is much better than it was a number of years ago after heavy storms. The County is now much more receptive to helping out if roadways are blocked for days. Councilmember Johnson asked Director Brown what percentage of property owners with downed trees have had them taken care of professionally. Brown stated when he was out and about earlier in the day he only saw one tree contractor. In the past there have been many more for similar storm events. Director Brown stated one of the prime reasons for updating the Policy is so both staff and residents know what to expect. Councilmember Labadie stated on Sunday she received two phone calls about what the City's policy was. She also had an inquiry from her neighbor. She then contacted Mayor Zerby to find out what it was. Zerby then called Director Brown. When she learned that residents were responsible for removal from their properties she let the three residents know that. They did not have any issue with the Policy. Councilmember Siakel stated she also thought the Policy should clarify what constitutes an extreme weather event. She then stated a number of people called her to find out if she knew when their power would come back on. She asked it if would be possible to have a recording at City Hall letting people know where power is out and possibly some idea of when power would be restored. Councilmember Sundberg noted Xcel Energy does provide updates on outages via text and email if people ask for the updates. She received an erroneous one that indicated she would not have power until June 14. Director Brown stated in the past Xcel has provided good time estimates. Xcel had told him that it was bringing in about 8,000 workers from other states to help with the outages. 9. GENERAL/NEW BUSINESS A. Birch Bluff Road and Pleasant Avenue Administrator Lerud explained earlier this year the Tonka Bay City Council heard a report from a citizen group about its desire to have Tonka Bay close Pleasant Avenue and Birch Bluff Road at the border with Shorewood. That proposal has generated a lot of angst among residents on both sides of the border. He sent Tonka Bay a letter outlining Shorewood's concerns and some of the issues with the conclusions provided in the report. The Tonka Bay has since requested that the two Cities participate in a formal CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 12 of 15 traffic study to determine if there are issues on those two roadways. The two cities use WSB & Associates to provide engineering services. Both city administrators met with their engineers. Tonka Bay requested a proposal from WSB to conduct a traffic study. The cost of the study is estimated to range between $8,854. and $14,952 depending on options selected. Shorewood has not budgeted for its share of that cost in 2017. Shorewood has requested that the study be done after school is back in session. Lerud stated Council can consider one of three options: 1) accept the proposal and determine Shorewood's level of participation; 2) reject all or part of the proposal; and, 3) defer its decision until the Tonka Bay Council makes a decision. Councilmember Labadie noted she was totally opposed to closing the roadways at the border. She suggested waiting to make a decision until the Tonka Bay Council has made a decision. Mayor Zerby stated if Shorewood does not have a say in what is going on in Tonka Bay then he does not think Shorewood should pay. He agreed with waiting to make a decision. Councilmember Johnson concurred. Councilmember Sundberg stated she agrees with waiting and noted she wants to keep all options on the table. She stated if Shorewood helps fund the study she assumes Shorewood would have an equal say. Councilmember Siakel stated she considers this as the privatization of a public road. She thought doing that would be fundamentally wrong. She noted she does not understand wiry Shorewood is being asked to share in the cost of the study when it will have no say in the outcome. She asked how much of the cost Tonka Bay wants Shorewood to pay. She noted she wants to keep the dialogue open. She reiterated she believes privatizing a public road is not right no matter what city a road is located in. Mayor Zerby stated he thought there a number of issues along the roadways that should be addressed. Closing access to them is not one of them. There was Council consensus not to take action at this time. B. 2017 Street Reconstruction and Capital Improvement Program Administrator Lerud explained during its April 24, 2017 meeting Council held a public hearing for the Riviera Lane and Shorewood Lane Street and Utility Improvement Project. During the meeting questions were raised about the timing of the proposed reconstruction of roadways and about the off -site costs to bring municipal water to both streets. Council directed staff to discuss the issues and come up with recommendations. Director Brown, Engineer Hornby, the former finance director as well as himself met a number of times to discuss the issues. The City also received feedback from local residents. Staff's discussion revolved around the following four points. 1. The City needs to get out of the schedule for doing these types of construction projects. The schedule has typically been to plan in the spring and construct in the fall. Going forward the intent would be begin the process in the fall preceding of the year before the construction work would be done, bid the project in the spring and have the construction work done in the summer. 2. There is only one street reconstruction project scheduled for 2018; that is Mann Lane. That makes it easy to move the Riviera Lane and Shorewood Lane Street and Utility Improvement Project to 2018 along with the allocated dollars to pay for the work. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 13 of 15 3. There is quite a bit of off -site work required to get water main to Riviera Lane along Yellowstone Trail. The City has committed funds from the Water Fund for: 1) a loan to the Excelsior Fire District for the purchase of a new ladder truck; and, 2) for the Shorewood Landing Senior Living Project. That has brought the fund balance down to a level such that there is not sufficient cash to fund this $1 million Street and Utility Improvement Project. 4. Staff believes that addressing some of the stormwater management issues is a higher priority than making some of the street repairs. Lerud noted staff is recommending Council authorize that the Riviera Lane and Shorewood Lane Street and Utility Improvement Project be pushed out beyond 2017. Staff will let the residents in the area know. Lerud stated staff will come back to Council in late July or early August with three or four options on how to proceed with those types of projects. Johnson moved, Labadie seconded, postponing the planned 2017 Riviera Lane and Shorewood Lane Street and Utility Improvement Project until a revised Capital Improvement Program has been completed and accepted by the City Council. Motion passed 510. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated there are two water valves that are leaking; one in Shorewood Oaks and the other near Strawberry Lane. They are very minor leaks; they have been leaking for a few days. Engineer Hornby stated he has received a few drainage complaints. He then stated staff is trying to get the contractor back for the watermain extension along Chaska Road. The storms on June I I caused a lot of erosion particularly on Park Street. The contractor needs to do more clean up and improve the erosion control to prevent that from happening again. In response to a question from Mayor Zerby, Engineer Hornby explained he thought he has figured out which contract has to deal with the fiber optic line along Smithtown Road. That has to be done before the City can have its contractor come back to complete the roadway. Engineer Hornby stated there is one contractor that still has some cleanup work to do along Smithtown Road near the new trail. Councilmember Sundberg asked for an update on the franchise fee agreements. Administrator Lerud stated the Xcel Energy and the CenterPoint Energy Agreements have been given to Attorney Keane. Sundberg stated when utility companies do not respond to the City's needs and that ends up costing the City she thought that should be reflected in the Agreements. Keane stated Council needs to decide what the number should be in the Agreements. He thought Administrator Lerud was working with engineering to determine options. In response to a question from Mayor Zerby, Director Brown explained the County has installed its speed awareness display sign on northbound Mill Street. He thought there is agreement about where to locate the southbound sign. Hennepin County will install that sign when all of the parts are in which is hopefully by June 1.5. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 14 of 15 Director Darling stated the Park Commission is going to have its first park tour on June 13. People are to meet at Eddy Station in Freeman Park at 6:00 p.m. The tour will start at 6:15 p.tn. Mayor Zerby noted he planned on going. Administrator Lerud stated he and Councilmember Siakel attended the Excelsior Fire District (EFD) Board meeting on May 24, 2017. He explained the bonds for the Public Safety facilities were refunded in 2016 and that generated an approximate $93,000 surplus in EFD's Fire Facilities Fund for bond payments. The Board discussed what to do with those funds. After lengthy discussion there was Board consensus to have Chair Erickson and Chief Gerber will bring a proposal on what to do with the surplus back to a future meeting. There was also discussion about the concrete repair work that needs to be done at the Facility in Shorewood. The South Lake Minnetonka Police Department (SLMPD) is responsible to paying one half of the cost for the repairs which are estimated to be over $100,000. The City Administrators /Manager were encouraged to bring that need forward to their cities. He noted there is a joint EFD Board and member City Councils budget work session scheduled for 6:00 P.M. June 28, 2017, at Station 1. He also noted the Excelsior Firefighters Relief Association's annual fund raising dance will be on Friday, July 21, 5:00 p.m. to midnight at Station 1. He stated that earlier in the day he and David Drown, the City's financial advisor, met with Minnetonka Public Schools Superintendent Peterson regarding tax abatement for amenities near the Minnetonka County Club redevelopment area. The intent is to call the public hearing for the abatement in 2017. Lerud noted the meeting packet contained a copy of the May 2017 Monthly Budget Report. Mayor Zerby asked if the plan is to use come of the surplus EFD Operating Fund reserves to help fund the 2018 Budget. Administrator Lerud stated he did not think so. Councilmember Siakel explained the EFD does not have a fund to pay for significant capital improvements to the facilities. The plan is to establish a fund with funds from three different areas and possibly from the Fire Facilities Fund surplus. Zerby stated he would like to know the level of reserves. Councilmember Johnson thanked Director Brown and the Public Works staff for all of their efforts dealing with storm cleanup. Councilmember Sundberg stated the Partners in Energy group will give a report to Council in early July regarding its recommendations. Administrator Lerud stated that is scheduled for the July 10, 2017 Council meeting. B. Mayor and City Council Mayor Zerby noted Council was going to enter into a closed session pursuant to Minn. Stat. 134.05 Subd. 3(a). The purpose of the session was to conduct a six month performance evaluation for City Administrator Greg Lerud. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney Keane; and Administrator Lerud were in attendance. Council entered into closed session at 8:47 P.M ENTER INTO CLOSED SESSION TO CONDUCT PRFORMANCE REVIEW UNDER THE COUNCIL'S AUTHORITY CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 12, 2017 Page 15 of 15 Council went back into open session at 9:17 P.M. Sundberg moved, Labadie seconded, accepting the performance review of Greg Lerud who met all expectations. Motion passed 5/0. Mayor Zerby stated that Administrator Lerud has done a great job and Council appreciates his service. 12. ADJOURN Sundberg moved, Labadie seconded, Adjourning the City Council Regular Meeting of June 12, 2017, at 9:18 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ndie Thone, ity Clerk