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11-26-18 CC WS MinutesCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORD SESSION MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 26, 2018 6 :00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION MEETING Mayor Zerby called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Sundberg (arrived at 6:10); City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Councilmember Johnson B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Motion passed 310. 2. DRAINAGE ON MINNETONKA COUNTRY CLUB (MCC) Director Brown noted that Whitley Mott who resides at 24890 Yellowstone Trail which abuts the MCC development is present at tonight's meeting. He stated that staff has heard concerns from Mr. Mott regarding the drainage from the development. He stated that staff concluded that an independent review of the drainage calculations would be a good idea. He stated that City Administrator Lerud contacted Barr Engineering who specializes in comprehensive drainage studies and hydrology. He stated that they performed a review and stated that they concur with the memo from February 22, 2018 that the years where high -water Ievels were observed on the Mott property occurred during wetter than average years for the metro area. He explained that every year since 2013 has experienced higher than average annual rainfalls. He stated that Barr believes that generally, the site was constructed the way it was planned and proposed. He stated that because of upstream ponding and water retention, the developed run off rate is less than the pre - developed runoff rate. He stated that one of the issues that was found was a ditch that was left at three to six feet rather than the eight feet that was shown on the approved grading plans which is near the Mott property. He stated that he understands some of what happened because the area near this ditch is considered part of the wetland buffer and thinks the contractor and engineer tried to stay away from disturbing the wetland buffer area. He stated that this is a field change that was never brought to staff's attention. He stated that the developer has committed to return to grade the ditch as shown in the approved plan and staff will continue to monitor the high -water conditions. He stated that staff believes that this ditch is what has been causing the problems on Mr. Mott's property. Mayor Zerby confirmed that the developer did not construct this according to the approved plan and the City's inspector did not report the change. He stated that there was some terminology in the report that stated that there were some instabilities in the stormwater modeling that was conducted by the developer's engineer. He asked who that engineer was for the developer. Director Brown stated that the developer's engineer was Carlson McCain and noted that lie does not think the inspector missed it, but instead, thinks there was an engineering judgment made in the field and it should CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 201.8 Page 2 of 4 have been brought to staff. He noted that the inspector was a contracted engineer through WSB. He stated that in reference to the "instabilities" referenced in the report, the developer had their site and analysis completed just up to the boundary of their property. He stated that in hindsight the analysis should have been completed all the way out to Lake Minnewashta. Brown stated it is important to note that the Developer met the requirements of the Minnehaha Creek Watershed District, who issued the permit for the development. He stated that this may be impacting the hydrology, but he is unsure and noted that it would need to be analyzed specifically by a hydrology engineer. He stated that staff has discussed this and the City should continue to monitor that area after the grading is corrected and if there continue to be problems, then the entire hydrologic model will need to be examined. Councilmember Siakel asked what the cost would be to re -do the hydrologic modeling. Director Brown stated that he would estimate it would cost anywhere between twenty to thirty thousand dollars. Mayor Zerby asked if WSB was willing to take on some of the responsibility for the project costs since they ultimately made a call out in the field that has caused some of these issues. He stated that there have been a lot of staff hours spent on this issue as well as the twelve thousand dollars that was spent to bring in Barr Engineering. He stated that the City puts a lot of faith in the inspectors, especially if they are acting on the City's behalf and if there is a change to the plan, he feels it should have been reviewed with staff. Mr. Mott stated that in the report from Barr Engineering, on Table 1, it notes that the reinforced concrete was not put in and the proposed invert of culvert number 4 does not match the approved plans. He stated that it clearly shows the difference between the planned height of the pipe being over one foot. He noted that the new pipe is also much shorter in length than the old pipe. He stated that he vehemently believes that this was not built to specs and the as built is clearly different that the plans which someone had to have approved. He stated that it is important to note that he has also personally spent about three thousand dollars of his own money to research this issue and he does not feel lie should have had to do that. Director Brown stated that he knows that there were changes made by the field inspector, Mr. Hornby and this change in elevation was approved by him. Councilmember Siakel stated that it appears as though the City knows there is an issue and is relying on the re- grading of the ditch and then it will be a "wait and see" approach, but if there is a solution it should be done now. She stated that she does not want it to turn into a finger pointing activity but there does appear to be some culpability with WSB and some of the people involved but ultimately, the City approved the plans. Councilmember Sundberg stated that she agrees with Councilmember Siakel but feels that there does need to be accountability. Mayor Zerby noted that the City did not approve of the changes because staff did not know about them. Councilmember Siakel asked when the ditch will be re- graded. Director Brown stated that the work would be done next spring. City Administrator Lerud stated that they began work on the ditch today, so the only work in the spring should be restoration work. Councilmember Siakel asked how the City will know that it is working and that re- grading the ditch has been successful. Mayor Zerby expressed his concern that the re- grading work would be done correctly. Director Brown noted that the City could also ask the contractor to go in and modify the height of the storm sewer pipe which he estimates will cost between five and eight thousand dollars. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 2018 Page 3 of 4 Mayor Zerby asked if that would be a cost to the developer or to the City. Director Brown stated that is the question and noted that it may get into finger pointing. He stated that the developer may say that the City's engineer approved the change, so if the City wants changes, it will have to pay for them. He stated that the developer has agreed to pay for the grading change in the ditch and noted that Barr Engineering can inspect the ditch when the work is done to ensure that it was done correctly. He noted that inspection would be a cost for the City. Councilmember Siakel asked if this situation had been discussed with City Attorney Keane to see what legal recourse the City may have. She stated that she would like the work to be done correctly. Councilmember Labadie stated that she is leery of moving forward and then the finger pointing starts, because that will mean legal fees may come into play. She stated that she would also like the work to be done but does not want to involve litigation. Councilmember Siakel stated that she does not think it necessarily means litigation will be involved, but she would like to hear City Attorney Keane's opinion on the City's possible recourse in this situation. Director Brown stated that the grading work will continue and staff will contact the developer to request the change in the stormwater pipe to change its height and length. He stated that he will bring more information back to the Council at a future meeting. Mayor Zerby stated that he would also like staff to sit down with WSB to see what their thoughts are on this issue. City Engineer Fauske stated that a resident approached the Council during and Open Forum this past year regarding traffic concerns on Chaska Road and the Council had authorized a traffic study. She gave a brief overview of the recommendations from the traffic study. She stated that staff is looking for direction from the Council as to which recommendations, if any, they would like to pursue. Mayor Zerby noted that the crash report data referenced is only from 2011 to 2015 and not more recent years. City Engineer Fauske stated that there is a lag time in the availability of the crash data. Councilmember Siakel stated that she feels that some action is warranted and likes the idea of contacting MN Dot. Mayor Zerby stated that he supports a conversation with MN Dot. City Engineer Fauske stated that she has already made note that any improvements recommended need clarification about which ones are Chanhassen and which would fall to the City. Councilmember Labadie stated that this corridor concerns her and is dangerous near the school. She stated that the time of the year and the time of day have a huge bearing on the accuracy of the data collected. Councilmember Sundberg stated that she would like to know the location of the accidents in the report. Mayor Zerby stated that he is not in favor of the driver feedback signs in this area and thinks that there needs to be more of a structural change. Sundberg moved, Labadie seconded, Adjourning the City Council Work Session Meeting of November 26, 2018, at 6:59 P.M. Motion passed 4/0. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES NOVEMBER 26, 2018 Page 4 of 4 ATTEST: Sandie Thone, city Clerk