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05-29-18 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 29, 2018 MINUTES 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 Johnson, Siakel, and Sundberg (arrived at 7:02); City Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and City Engineer Fauske Absent: Councilmembers Labadie B. Review Agenda Siakel moved, Johnson seconded, approving the agenda as presented. Motion passed 310. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Meeting Minutes of May 14, 2018 B. City Council Regular Meeting Minutes of May 14, 2018 C. Approval of the Verified Claims List D. Data Practices Policy Annual Update RESOLUTION NO. 18 -052, 662018 Data Practices Policies." E. Accept Quote for Painting of Fire Hydrants RESOLUTION NO. 18 -053, "A Resolution to Award Quote to Pole Painters Plus to Paint Fire Hydrants in Amesbury." F. Approve Agreement between SLMPD and City of Excelsior for Council Meeting security detail G. Authorize Advertisement for Full -Time Finance Director H. Approve Change Order No. 3: 2017 Street Reclamation Project RESOLUTION 18- 054, "A Resolution Approving Change Order No. 3 for the 2017 Pavement CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 2 of 8 Reclamation Project (Howards Point Road, Kathleen Court, Oak Ridge Circle, and Summit Avenue) ", City Project 17 -13 Motion passed 310. Councilmember Sundberg arrived at the meeting at 7:02 p.m. Collette Morris — 5935 Afton Road directed her comments to Director Brown and presented a picture of her curb and asked if she was still on his list. Director Brown stated that he was well aware of her concerns and explained for the benefit of the Council that there appears to have been plow damage along the curb. He stated that there is approximately one week of sweeping and water main flushing left and about a week after those are completed the City can begin addressing sod and curb damage followed by the regular routine of patching roadways. Ms. Morris stated that she had been thinking that she was forgotten this year and didn't want to be left behind. Director Brown stated that he understands her concern but the City went from winter to summer in a matter of weeks, so it will take some time to make the transition. Ms. Morris stated that she also had a comment on the possible new garbage system for the City and read aloud a letter she had sent via e -mail to Mayor Zerby expressing her concerns that one garbage does not fit all. She stated that she would like to keep her current carrier, Blackowiak. She stated that she feels there are a lot of other trucks that are on the roads and causing damage, not just the garbage trucks. Pete Holmberg, 5955 Cajed Lane, stated that he agrees with the comments expressed by Ms. Morris and feels that garbage trucks are not the issue with road damage and noise. He stated that he feels it is a case of when, not if, for a child to be hurt and killed along their road with the truck traffic that barrels through their street. He stated that 16 of the 17 homeowners had asked for their street to be turned into a cul -de -sac to help with some of the traffic, but the City told them it needed to be unanimous. He stated that Cajed is being used as a cut through road and reiterated that garbage trucks were not the problem. David Eisenmann 26320 Shorewood Oaks Drive asked for an update on the status of the mediation talks between the Ashland Woods Development and the City. He stated that he and his neighbors read with great surprise that there was no neighborhood association that had been promised during a Planning Commission meeting years ago. He and his neighbors are worried about water drainage and have been for about 10 years. He stated that prior City employees, who have since retired, told them that there would be annual inspections and the City would walk through those properties and make sure the drainage paths are cleared, which, as everybody knows now has not happened. He stated that it was about 4 years ago on a rainy day in June their 10 of their homes flooded after that development was built and caused thousands of dollars of damage to their basements. Administrator Lerud stated that mediation has been scheduled for next week. He stated that in this case the developer recorded the developer's agreement, but not the Homeowners Association documents. Councilmember Siakel stated that it is her understanding that the City is not solving a water problem of something that happened as a result of Ashland Woods. She noted that she was on the Council four years CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 3 of 8 ago when the rain event that Mr. Eisenmann was talking about and to her recollection it was a 100 -year rain and the flooding was not a result of the Ashland Woods development. She stated that she appreciated Mr. Eisenmann coming to talk to the Council but thinks he may be trying to tie two things together that do not belong together. Mayor Zerby stated that the Council agreed to the Ashland Woods development because the maintenance of the drainage system was to be handled by the HOA, so the City does need to ensure that it is completed, as it was presented. He asked for clarification from Director Brown on whether any walk- through inspections had been completed by the City. Director Brown stated that the City has specific agreements for regional facilities, but if it serves just the development, Like this one does, it is part of this agreement that the HOA would be responsible for the annual walk through of those ponds. He noted that he agreed with Councilmember Siakel that the Shorewood Oaks issue is different than the Ashland Woods issue. Mayor Zerby asked if the City would have ever said it would handle the annual walk through inspections. He stated that he was trying to get clarity without having the minutes of the meeting Mr. Eisenmann referenced. Councilmember Johnson stated that he is a resident of Ashland Woods and his understanding is that if the HOA was in place, as it should be, then it would be up to the residents to submit to the City a report that it had been inspected, verified and was in good standing and if not, it would be up to the HOA to make those corrections. 4. PUBLIC HEARING - None 5. REPORTS AND PRESENTATIONS A. Met Council Population Estimates Administrator Lerud noted the Met Council population estimate for the City effective April, 2017 was 7,708. 4 A. Report by Larry Brown on 05 -18 -18 Parks Commission Meeting Director Brown gave a brief overview of what was discussed at the May 18, 2018 Park Commission Meeting. He stated that the Parks Commission spent time discussing ongoing maintenance plans for the parks and what items in the parks are key focus areas aesthetically, when people enter the parks. They will review a proposed checklist and be discussing this issue on their upcoming Park Tour. They also discussed the possibility of an Adopt A Park program similar to Hopkins and Edina. He stated that staff will be doing some more research to see some of the details of the programs and see what has helped them succeed. 7. PLANNING - None A. Award Quote for Watermain Improvements, Howards Point Road CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 4 of 8 Director Brown explained that staff has been discussing replacing the hydrant valves and bolts that have routinely give the City problems as the reclamation project is happening, since there is work happening anyway. He stated that C.S. McCrossan had been given the opportunity to bid out the change order however they kept giving excuses to extend the length of the contract that staff was not satisfied with. Staff has chosen to deal directly with Minger Construction and a quote was received for the valve repair and for adding services to four homes that are in the area for $49,090.40. Staff is recommending approval. Mayor Zerby asked what cost savings there may be for residents to hook up to the watermain services. Director Brown stated that there would not be a cost savings and the contract does not allow for the City to go onto private property and make any improvements. Councilmember Sundberg asked why only one bid was received for this work. Director Brown stated that there were two, but staff had vetoed the C.S. McCrossan bid because they claimed this would add a delay in their mobilization and create an additional nine working days onto the contract. He stated that Minger is ready to go and has done work for the City in the past and have been a good contractor to work with. Sundberg moved, Johnson seconded, Approving the Award Quote for the Watermain Improvements, Howards Point Road, to Minger Construction in the amount of $49,090.40. Motion passed 4/0. B. 2018 Reconstruction of Riviera, Mann, and Shorewood Lane: Approve Plans and Specifications and Authorize Advertisement for Bids Engineer Fauske explained that the last time the Council spoke about this issue was at the end of January when the possibility of adding more watermain service to the area was discussed. She gave an overview of the street reconstruction plans and noted that Riviera and Shorewood Lane would be 28 feet wide and Mann Lane would be 26 feet wide. She reviewed the storm sewer improvements for the streets and noted that Mann Lane has challenges because of the flat land in the area. She reviewed the watermain improvements and noted that in some they are using a pit method so there will be minimal impact on traffic, but they would still like to have the work completed before school starts to minimize impact on the school buses. She stated that this would extend water services to all the residents on Riviera Lane and noted that there are also some residents along Yellowstone Trail that have indicated that they would also like to connect to water service. She reviewed the preliminary project schedule which would have construction being completed July — September of 2018, with final completion by spring of 2019. Councilmember Sundberg asked if it is realistic to get going with construction in July. Engineer Fauske stated that she has seen favorable bids coming in, so she thinks it is possible Mayor Zerby asked what this would do to the City's fund balances. Administrator Lerud stated there are sufficient funds in the street and storm water funds, but an interfund loan from the sewer to the water fund will be necessary to fund the water work. Mayor Zerby confirmed that the City is planning to have an off -year next year and not complete any projects so there is time to replenish the funds and get ready for 2020. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 5 of 8 Jim McFarland 6120 Riviera Lane, noted that Engineer Fauske has been great about communicating and sharing plans with the residents, but he still had a few questions. He asked if the properties on Yellowstone Trail would share the cost for the project or if the costs would just be focused on the residents of Riviera Lane. Engineer Fauske stated that because of the importance of creating the loop in the watermain system with the commercial area, it is being recommended that rather than an assessment process that the project be funded from the City funds and that properties who connect to the watermain have a connection charge. Mr. McFarland expressed concern from one of his neighbors that their existing pond may dry up if the drainage is changed to flow through the area differently. Engineer Fauske stated that she did not have that information at her fingertips, but, would be happy to provide that information to Mr. McFarland and the neighbor who is concerned about the pond levels. Mr. McFarland stated that he received a copy of the preliminary design and was quite surprised at the proposed tree loss. He stated that plans seem to require that 70 mature trees will be taken out and 5 of them are on his property. He asked if there were any options to reduce the number of trees that would be affected by the project and whether there would be any efforts made to reforest and replant the area. Engineer Fauske stated that the plans show tree removal based on what the City believes to be the worst - case scenario. She stated that the plans had been sent to S &S Tree experts for their opinion, because the City is sensitive to the neighborhoods desire to keep as many trees as possible. Councilmember Siakel stated that when this comes back before the Council, she would like to see more details about tree removal and some insight from the forester would be helpful. She stated she would also like to continue the discussion about benefitting properties and assessment because she feels the City should be treating people the same. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 18 -056, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the 2018 Reconstruction of Riviera Lane, Mann Lane and Shorewood Lane, and the Watermain Extension Along Yellowstone Trail (Club Valley Road to Riviera Lane), Rivera Lane, State Highway 7(Riviera Lane to Lake Linden Drive) and Lake Linden Drive (State Highway 7 to 6140 Lake Linden Drive), City Project 17 -04." Motion passed 4/0. C. Approval of Echo Road Easement: 5745 Echo Road Engineer Fauske reviewed the location of the easement at 5745 Echo Road and the feedback from the residents about the existing drainage patterns. She noted the existence of an existing pipe that is cracked and no longer functioning and presented photos that showed erosion in the area. Staff is recommending this easement to install some storm pipe and connect to the storm system and discharge it to improve the drainage system and reduce erosion. Siakel moved, Johnson seconded, Approving the Drainage and Utility Easement for 5745 Echo Road. Motion passed 4/0. D. Review Proposal to Evaluate Minnetonka Country Club Drainage CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page b of 8 Administrator Lerud stated that after the last meeting where the Mott's presented their belief that Mattamy Homes has caused drainage issues on their property, staff decided that an outside third party should look at the plans submitted and offer an opinion on the modeling and also complete some survey work on the site. Councilmember Siakel stated that she thinks this is a really good idea since the homeowner is saying one thing and the builder saying another. She asked if this is something that can be referred to, not just for the Mott property, but for the development as the Minnetonka Country Club is built out. Attorney Keane stated that was exactly why staff was recommending contracting with a third party to give an opinion on drainage issues in the area. He noted that Barr Engineering specializes in surface water management. Councilmember Sundberg asked if the Mott's were aware of this proposal and were supportive of the idea. Administrator Lerud stated that they were aware of the staff recommendation. Councilmember Johnson asked if the final report came back with significant differences if the City would go back to the developer and have him pay for this work. Attorney Keane noted that it was premature to judge any course of action until there is a sense of what the findings are. Councilmember Siakel asked that Barr Engineering make a presentation to the Council at a future work session to explain the findings. Siakel moved, Sundberg seconded, to Approve the Proposal for Barr Engineering to review and evaluate the Minnetonka Country Club drainage at a cost not to exceed $12,500. Motion passed 4/0. E. Accept Bids and Award Contract for the 2018 Seal Coat Improvements Engineer Fauske reviewed the proposed streets for the 2018 seal coat improvements. She noted that this is a joint effort with the cities of Victoria and Minnetrista in order to reduce the overall project costs. Mayor Zerby noted that the plans include a large chunk of the west end of the City. He stressed the importance of good communication with residents throughout this project. He stated that he also thought Excelsior was planning some improvements at 19 and Water Street which may close the intersection. He suggested looking at the timing of that project so it didn't create problems with traffic funneling through the area. Engineer Fauske noted that she will check with the City of Excelsior to find out the timing of their improvements. Mayor Zerby stated that he felt the usual signage that gave people the information on the construction and road closure plans which would include a start and end date would be helpful. Director Brown stated that the sealcoating process is very quick process and road closures are generally very brief. Sundberg moved, Siakel seconded, Approving RESOLUTION NO. 18 -057, "A Resolution Accepting Bids and Awarding Contract for the 2018 Seal Coat Project ", to the lowest responsive bid received CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 7 of 8 for the Shorewood schedule, submitted by Allied Blacktop Co, of Maple Grove, MN, City Project No. 18 -05. Motion passed 4/0. 9. GENERAL/NEW BUSINESS - None 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Administrator Lerud stated that Interim Finance Director Rigdon is getting back on schedule in preparing the monthly budget reports. He noted that it appears to be proceeding as a very normal budget year, thus far. Mayor Zerby stated that he thinks the expenses for snow and ice removal may be much larger than anticipated. Director Brown stated that he can address the large expense in the off - season. He explained that at the end of the salt season, the City tries to take advantage of the remaining contract balance of salt because the City has to take at least 80% of the contracted amount and try to fill up the salt shed for the next year. Other Director Brown stated that the spring clean -up and shred event took place and noted that they had a large turnout. He stated that it went well and he should have more details to share at the next Council meeting. Engineer Fauske gave a brief overview of the reclamation projects throughout the City. She noted that calcium chloride had been sprayed down before the long weekend to help keep the dust down. Director Brown noted that Summit Avenue has been a challenge and noted that residents should be aware that S &S will be trimming trees in order for the equipment to be able to gain access to the area. Administrator Lerud stated that he is preparing a report that he will present at the last meeting in June on the response to the SeeClickFix usage. He explained the procedure for the more common type of events, such as potholes and sod damage, was to put them on a separate list and then close out the report. Mayor Zerby asked if City staff had access to the list for SeeClickFix issues so if residents call they can confirm that they are on the list, such as the resident who spoke tonight and wanted to make sure the City hadn't forgotten about her. Administrator Lerud stated that residents will get an acknowledgement that explains the situation to them and why it is showing as "closed ". He stated that Minnetonka Beach has given notice that they will cancel Mound fire service effective January 1, 2019 and will be going with Long Lake. He noted that the impact to the City will be minimal. He stated that he has heard from two Councilmembers that they will not be at the June 11, 2018 Council meeting and suggested considering rescheduling. Councilmember Sundberg asked if there was any information regarding the home fire on Cathcart. Administrator Lerud stated that he did not have any information other than the information that was sent out via text when Pat McCarthy returned to the fire hall immediately after the fire. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 29, 2018 Page 8 of 8 Councilmember Sundberg stated that she felt the response was impressive. Mayor Zerby noted that he thinks 10 area fire departments responded and the City owes them gratitude for their assistance. He stated that two officers were sent to the hospital, one from Long Lake and one from Victoria because of the battling the fire in such extreme outside temperatures. B. Mayor and City Council Councilmember Siakel noted that she had attended the Park Board meeting and as part of the CIP discussion, she had thoughts that she didn't think the Park budget had ever been upped and has been around $40,000 since she started on the Council. She stated that for maintenance of the parks, she thinks the City may want to consider giving them a larger budget because she doesn't think what has been done is sufficient for future needs. Councilmember Johnson noted that he also has a conflict with the meeting on June 11, 2018. Administrator Lerud suggested rescheduling the meeting for June 12, 2018. There was discussion about rescheduling the Park Tours to June 13, 2018. Siakel moved, Johnson seconded, rescheduling the June 11, 2018 Council Meeting to June 12, 2018 and to also reschedule the Park Tours to June 13, 2018. Motion passed 4/0. Councilmember Sundberg stated that the fire department was fantastic in their response to the home fire. She asked staff if there was anything that would be appropriate for a City response to this kind of hardship situation. Administrator Lerud stated that hardship is a very difficult thing to define. He suggested that the Fire Department Relief Association would probably be the best to lead the effort, if there is a need. Director Brown stated that he agreed with Administrator Lerud and knew the fire district was already working with the homeowner about the response and he knows from experience that sheltering and access to Red Cross becomes available in this type of situation. Mayor Zerby noted that there is an award on his desk and asked if there was anyone that could speak to it. Administrator Lerud stated that Communications Coordinator Moore had given it to him and asked him to share it with the Council. Councilmember Sundberg noted that Communications Coordinator Moore has done a fabulous job working with Xcel Energy Partners in Energy program in getting this award. Johnson moved, Sundberg seconded, Adjourning the City Council Regular Meeting of May 29, 2018, at 8:18 P.M. Motion passed 4/0. ry eb Siakel, Mayor Pro Te San ie hone, City Clerk