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04-09-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 9, 2018 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Johnson B. Review Agenda Labadie moved, Siakel seconded, approving the agenda, as presented. Motion passed 410. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of March 26, 2018 B. Approval of the Verified Claims List C. Revised 2018 City Council Regular Meeting Schedule Accommodating Holidays D. Acceptance of Safety Camp Donation E. Approval of Summer Sailboat Race Series F. Approval of Sanitary Sewer Connect for 30162 n1 Street, Victoria, MN G. Approval of Project 17 -13, 2017 Street Improvements; Change Order #2 Motion passed 410. 3. MATTERS FROM THE FLOOR Derek Allmendinger, 5915 Grant St, stated he would like the City to consider storm water improvements along Grant Street. He stated that since the watermain project was completed that went under Park Street, there has been slower drainage and slower moving water. There was a water event last year that ruined a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 2 of 9 neighbor's basement. He stated that he and his wife are in the process of finishing their own basement and are concerned that the same kind of thing does not happen to them. Mayor Zerby asked for a staff update on the issue. Engineer Fauske stated that Mr. Allmendinger and his neighbor have been in contact with staff to discuss the issue. Staff has been discussing this from a feasibility standpoint and would like time to Look into the issue more deeply before presenting it to the Council for a decision. She is hoping to be able to present this at the next Council meeting. Sophia Trudeau, Nelsine Dr read from a statement about her proposal to put up a turtle crossing sign on County 19 and the regional trails to help alert drivers about turtles crossing the road. Public Works Director Brown noted that portion of the road is under County jurisdiction and may also involve Tonka Bay. He suggested that Sophia and her mother contact him during office hours to try to pin point the exact location and see how it can be addressed. Councilmember Labadie asked Ms. Trudeau if she had done this as part of a school project or just on her own. Ms. Trudeau stated that she had come up with the idea a few years ago. 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS -None 6. PARKS - None 7. PLANNING - None 8. ENGINEERING/PUBLIC WORKS A. Approval of Project 17 -15, Shorewood Lane Ravine: Plans and Specifications, Authorize Solicitation of Quotes Engineer Fauske reviewed the proposed project using rock weirs along the channel. She noted the next steps for the project if the Council approves moving forward would include acquiring all the necessary easements and permits, as well as coordinating plans with Xcel Energy. She stated that staff would like to meet with residents to discuss what is being proposed before work begins. She noted that a resolution was drafted prior to the meeting and handed out in the chambers, but, wasn't included in the packet. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 18 -0349 "A Resolution Approving Plans and Specifications and Authorizing Solicitation of Quotes Shorewood Lane Ravine Stabilization. (City Project 17 -15)" Motion passed 4/0. B. Update on Drainage Concerns: 24890 Yellowstone Trail (Mott Property) Engineer Fauske explained that staff had followed Council direction and looked at the area again. She noted that she had received an e -mail over the weekend from the property owner, but, had not had time to answer it before tonight's meeting. She gave a brief overview of some of the findings on elevation levels. She reviewed maps that are available on -line through the US Geographical Service that shows historically what has happened on this land. She noted that historically this area was a wetland, but, noted that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 3 of 9 somewhere between 1905 and 1958 it was somehow drained. She reviewed information from soil borings conducted in 1993. She reviewed the development plans vs. as built plans and invert calculations and asked for Council direction. Councilmember Sundberg asked if the development had eliminated the trees and vegetation that were shown in pictures. Planning Director Darling noted that some of the trees in a nearby area had been taken out as part of the culvert project. Councilmember Sundberg asked if weather trends had been taken into consideration. Engineer Fauske stated that just recently, within the past five years, the design storms for the drainage models have changed and increased. Councilmember Sundberg asked if Engineer Fauske thought that information had an impact on this issue. Engineer Fauske explained again that they ran the model from storm events pre - development to post - development conditions, which is where they are seeing the output of the model is lower than pre - development conditions. Whitley Mott, 24890 Yellowstone Trail, stated that he received all the information on this project on Friday afternoon and responded on Saturday. He has questions about the actual elevation of old pipe versus the new pipe. He agrees with the numbers on what the old elevation levels were at 954.6. He submitted copies of his engineering report that show slightly different levels. He stated that there is not much slope or tilt in the pipes. Engineer Fauske noted that the type of pipes used in this area between the two wetlands are called equalizer pipes designed to stabilize the elevation between the two ponds. She noted the model was performing at pre - development conditions. Mr. Mott distributed another document to the Council. Mayor Zerby stated that the numbers being discussed are fractions of inches and asked what the hope is for an overall outcome of this discussion. Mr. Mott stated that the basic explanation is that the condition of his property has been changed. He noted that he had sent photos via e -mail to the Council, but, was informed that they were not easy to see. He distributed hard copies of the photos. He stated that he believes the developer did not build it, as they showed, and as a result, they have altered the corner of his property, by lowering the existing retention pond by several feet, which creates an overflow that goes onto his property. He noted the pictures were from March 4, 2018 at 5:30 p.m. He showed the different elevations using his wife as a basis of comparison on the pipe and the retention ponds heights. He noted that based on the weather information available, there had been no rain for the prior nine days. Mayor Zerby stated that he would like to simplify discussions that Mr. Mott was basically saying that water is coming onto his property that wasn't before. He commended Mr. Mott for his efforts in gathering the engineering reports and looking at weather patterns. Mr. Mott stated that he agreed but wanted to make note of a few more things. He feels that using a report that went back to conditions in Shorewood in 1905, was despicable. In 1958, there was no wetland on his property. He stated that on page three of the report that talks about an underlying wetland being present, the word "adjacent" was left out of the report. He stated that he believes the information reported tonight gives the incorrect perception from the information that is actually reported. He reiterated what the Mayor's CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 4 of 9 instructions were at the last meeting, to find a solution and did not feel that one has been presented tonight. He read from the February 26, 2018 minutes, where he asked for the elevations on the invert flow of the pipes and noted that he had only received that answer during tonight's meeting. Councilmember Siakel asked if Mr. Mott was concerned that the Council would be making a decision tonight. He stated that he feels it is Mattamy Homes that is the problem, not the City. They did not do what they were supposed to and changed the condition. He is asking for the City to step in and protect his property. He stated at the prior meeting, he told the Council about the trees that have fallen down and Councilmember Johnson suggested that he hire an arborist. He stated that he had already hired an engineer and spent hundreds of hours on this putting together the information to present to the City. He distributed copies of the final grading plan that he received from Planning Director Darling earlier today. It just bothers him that he and his wife have to think about this every time it rains. He has also gone to Chanhassen's weather office to gather all the weather reports to present. He is asking the City to find a way to make this project work, the development isn't even half completed and all the water from that area exits near his property into the retention pond that they knocked the banks down on. He apologized if he has taken up too much of the Council's time, but, stated that he has been trying to get this resolved and work with people for a long time and has basically been told "it's close enough ". He stated that it is not close enough because the water is coming into their property. He is asking for the City's help to resolve this issue with the developer. Attorney Keane asked if there was water on Mr. Mott's property now that lie did not have in the pre - development condition. Mr. Mott stated that he did. Attorney Keane asked to be shown on the map the area of land that now has water. Mayor Zerby stated that he does not understand the pond location being shown right up to the edge of the property. He did not understand why there was not a setback limit for something like this, similar to what there is for housing. Mr. Mott encouraged the Council to come out to his property and walk it and see it, like Engineer Fauske has done. He noted that he just goes back to that this has been changed from its original form and he and his wife had nothing to do with it. Attorney Keane asked for clarification of his statement of more occurrences of water flowing onto his property and asked where on this property this is occurring. Mr. Mott showed the Council, on a map, the corner where the water was flowing onto his property. He reiterated his invitation for the Council to come take a look and see the property and the trees that are knocked over with their root balls intact because the water is just sitting in this area now where it hadn't before. Councilmember Siakel referenced a survey conducted in November of 1993. She asked if that was done when he built his house. Mr. Mott confirmed that was the survey conducted for the City at the time the home was built and recorded in their property file. Councilmember Siakel stated that she isn't ready to make a decision tonight. She stated this is a complicated subject and she is not sure, at this point, what the City's role is in resolving this issue. She noted that she did drive out to the property and the Country Club property, but there is still a lot of snow on the ground and did not want to walk through private property to get a closer look. She would like to be able to go out there when there is standing water and not four feet of snow on the ground. She stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 5 of 9 the Council had been presented with a lot of information tonight and needs time to digest it. She does not feel it is a clear -cut issue. Mr. Mott reiterated that, for the record, there is a changed condition on his property that has been created by the alteration of the land around the corner of his property as well as the drainage pipe that was installed. Those two things have exacerbated the water flow onto his property, without question. He stated that he has a phone log of every contact he has had with people regarding this issue. Councilmember Labadie stated that the Council would like copies of his phone log. She asked if there had been any communication or correspondence with Mattamy Homes since lie last appeared before the Council. Mr. Mott stated that he had not. He read aloud a portion of the minutes from the February 26, 2018 meeting, where City Administrator Lerud assured him that staff would be keeping him informed about meetings or any relevant information that became available. Mr. Mott stated that the only information he has received since that meeting, was Friday afternoon at 4:36 p.m. He stated that there had been no phone calls or interim action and nobody let him know about anything. Councilmember Labadie noted that everything Mr. Mott was saying related to the City. She asked if there had been any communication with the developer. Mr. Mott noted that, as he informed the Council at the last meeting he attended, Mattamy had told them that it was built reasonably to specifications. He stated that he could play from his phone, a message from Mattamy Homes that says they will find a solution to the problem. Councilmember Labadie stated that she would prefer to have that transcribed onto paper. Mr. Mott stated that he didn't have a staff to complete some of this type of work. Councilmember Labadie just wanted to make sure that the Council was not missing any of the documentation or communication that was happening with the developer. Mr. Mott stated that the only thing the Council may not have is the letter that Mattamy Homes sent out to the neighbors, that stated if the neighbors had any problems, to let them know. Mayor Zerby asked Administrator Lerud to make copies and get them to the Council. Councilmember Sundberg stated that this is a complicated mess and suggested that the City may need to have some really intense discussions with Mattamy Homes to find the solution. Councilmember Siakel asked if the intent was to subdivide Mr. Mott's property at some point. Mr. Mott stated that is one of their proposals, but they would not do that, at this point in time. Mayor Zerby stated that the Council approved the original plan for the development, as recommended by staff and the engineering firm. He stated that it does appear that Mattamy Homes built and developed as the plan was approved, however, to him, it is looking like perhaps the plan may not have been as thoughtful as it should have been, specifically the fact that the pond goes all the way up to the neighboring property line, with no setback. He agrees with the sentiments expressed by the other Councilmembers that this is a complicated issue, because there is no clear place to lay the responsibility. He is willing to allow staff to continue digging into this and explore finding a better answer. Councilmember Sundberg stated that she wants to make sure that Mattamy Homes is involved in this discussion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 6 of 9 Councilmember Siakel stated that she does not want to take a vague approach. She plans to go out and look at the land herself, and also like to consult with our legal counsel and have a conversation about next steps and have time to pull things together. Mr. Mott noted that even with the snow cover, the Council is welcome to come out and take a look, because some of the problems can be seen even with the snow present. Councilmember Labadie stated that she agreed with Councilmember Siakel that she would like some direction from a legal standpoint on the issue. She stated that she would also like to personally take a look at the land. Administrator Lerud suggested scheduling a work session to convene out at the property in question. Mayor Zerby stated that he would like legal advice as to whether this should be open or closed, but, would support having an additional meeting to discuss it. C. Approval of Proposal for GIS -GPS Hardware and Software Public Works Director Brown gave a brief overview of the GIS -GPS system and stated that it would be a sweeping change for his department, with the ability to mark the locations of the utilities as they are installed, including water shut off valve locations. He is excited about the change to record keeping because this system is very organized. He reviewed the cost for equipment and training. He noted that his is not a budgeted item, but, could be spread evenly across the enterprise funds with each area bearing $5,000 of the total cost. Mayor Zerby stated that he is very excited to see this come to fruition. Councilmember Sundberg stated that she thinks this kind of modernization makes sense and supports it Sundberg moved, Labadie seconded, Approval of the Proposal for GIS -GPS Hardware and Software system, as presented. Attorney Keane asked who would own the data and on whose server the data will reside. Public Works Director Brown stated that in the proposal it outlines that the City owns the data and the data would reside on WSB Engineering's server. Attorney Keane asked if the City would always have access to that in perpetuity. Public Works Director Brown stated that the City would have access to the data and was pointed out in the agreement found in the meeting packet. Attorney Keane noted that it was not entirely clear. Councilmember Labadie suggested amending the motion to allow for clarification of this issue. Sundberg amended her motion, Labadie seconded the amended motion, to Approve the Proposal for the GIS -GPS Hardware and Software system, to clarify that the contract shows that ownership of the data belongs to the City, and will retain access to the data, in perpetuity. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 7 of 9 9. GENERAL/NEW BUSINESS A. Organized Solid Waste Administrator Lerud gave a brief overview of past discussions on organized solid waste collection. He noted that staff had listed the City's priorities and asked for Council feedback if they wanted to see any changes in those items. He noted that staff is recommending approval. Councilmember Sundberg asked if Administrator Lerud was comfortable using the wording from the document that states "without increasing the cost to the customer." Administrator Lerud stated that this should be amended to read "average cost." He said a goal is to have everybody have a lower bill but there is no guarantee that everybody will pay less. Mayor Zerby clarified, for residents who may be watching from home, the Council has been discussing this for a long time and this would keep the same haulers in the City but break them into territories with one hauler per area. This means that carriers may change, but he believes it will be better for the City, the roads, the environment, and peace of â–ºhind. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 18 -033, "A Resolution Approving Initiation of 60 Day Negotiating Period with Solid Waste Haulers." Motion passed 4/0. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown reminded the public that seasonal weight restrictions are on the roadways and lie suspects they will be for some time. He noted that all of the specific information is available on the website. Councilmember Siakel asked if the City's budget was killed with all the snow events this year Public Works Director Brown noted that the City used 100 percent of its salt budget. He explained the cooperative purchasing program the City has with the vendor. Councilmember Siakel stated that she wanted to thank Engineer Fauske for how she is handling the Mott situation. She understands that Engineer Fauske has stepped into this midway and wanted to express appreciation for the fact that she is trying to resolve a situation that she didn't create. Planning Director Darling that Council had asked staff to look at the cost of alternative playground surfaces. She reviewed the costs and noted that for engineered wood fiber, the cost would be approximately $12,000 and some of the chips will have to be replaced every three to five years, which means the total cost of maintenance over a 25 -year time period would be about $25,000 and would bring the total to $37,000. The cost for shredded rubber would be about $48,000. For poured in place rubber, rubber tiles, or synthetic turf with rubber pads below for shock absorption, the costs are all around $114,000. She also asked about pea gravel, but they are no longer allowed to sell that as a playground surface because of the problem getting liability insurance. Councilmember Siakel stated that she did not see the long -term cost difference between wood chips and rubber chips to be significant. She stated that she did not think that wood chips should even be an option. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 8 of 9 Mayor Zerby asked what was used at Freeman Park. Public Works Director Brown stated that most of the playgrounds have pea gravel. He stated that Cathcart Park had wood chips and that has not been a positive experience. Administrator Lerud suggested that when the City puts it out for bids that they list all of the materials as an option and see what pricing comes back. Councilmember Sundberg stated that with rubber or any type of synthetic product, she would like to know what kind of potential pollution issues there may be. Planning Director Darling noted that she had spoken with the playground designer and he did not recommend shredded rubber because it is tricky to maintain. Lerud added that the shredded rubber also poses access problems. Councilmember Labadie agreed with the idea of getting quotes and information for the different materials and then decide. Mayor Zerby asked about the number of homes being built on the golf course. Planning Director Darling stated that there have been many building permits being issued. The developer has already pre -sold six lots in the third addition. She stated that this looks like it will be a very busy construction season. Administrator Lerud said staff will provide a report at the next meeting on the number of building permits. He noted that the flooring in the Southshore Center is completed and suggested that the Council could go take a look after the meeting. B. Mayor and City Council Councilmember Sundberg stated that at the last meeting the Council talked about the black willow tree. She went out to the tree with a local artist who looked at the tree. The artist's opinion was it was a very unusual tree that has artistic value, however, it is a living tree that would cause quite a few problems artistically because it has so many shoots that would have to be controlled. She suggested talking to other area artists about other ways to use the tree in other ways throughout the City. The more she thinks about it, she thinks taking the tree down and using the wood for other purposes may be the best option. Mayor Zerby attended the Fire Board meeting last week and they accepted the audit. He noted there were two findings in the audit, one that there was not a secondary control process in place for check signing because they use Deephaven. The City of Greenwood had the same finding because they use the City of Deephaven to do their finances. He asked that they look into putting a different type of control in place to eliminate that finding. They also approved increasing the pension from the relief fund. They also received a grant for $114,000 to be used to remodel their sleeping quarters into private sleeping quarters. They will use matching funds from the district for a total of about $200,000 to make those changes. He gave the Fire Board some input on their website because, in his opinion, it is lacking in information on agendas, minutes or meetings. Councilmember Sundberg asked if they had made any change to their mission statement. Administrator Lerud stated that it was not discussed. Councilmember Sundberg noted the importance of a mission statement, because that is the guiding principal for an organization. She will follow up with the Fire Board with her opinion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES APRIL 9, 2018 Page 9 of 9 11. ADJOURN Siakel moved, Sundberg seconded, Adjourning the City Council Regular Meeting of April 9, 2018, at 8:39 P.M. Motion passed 4/0. ATTEST: Sandie Thone, City Clerk