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06-22-20 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 22, 2020 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting and pursuant to MN Statute 13D.02, the Shorewood City Council was held via electronic means. I_�3.7II[�Tf Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and, City Engineer Budde Absent: None B. Review Agenda Siakel moved, Labadie seconded, approving the agenda as presented. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from June 8, 2020 B. Approval of the Verified Claims List C. Appointment of Emma Notermann as Planning Technician D. Approve Purchase of Dehumidification System for Amesbury Well Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR - NONE CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 2 of 10 4. PUBLIC HEARING A. Mary Lake Outlet, City Project 19 -09 City Engineer Budde gave an overview of the feasibility study for the Mary Lake Outlet project, a landlocked lake with no natural outlet. He stated that over the last six years, the City has pumped Mary Lake three times. He noted that there are currently two structures that do not meet current zoning requirements that are the most at risk. He gave an overview of the possible outlet routing options and explained that the best option was to route eastward using existing right -of -way to Studer Pond. He stated that staff is recommending Alternative One using an eight -inch pipe with an outlet at normal water level of Mary Lake. He noted that as part of the feasibility study they had completed a topographic survey, updated the hydraulic modeling and updated the cost estimates. He explained that both open cut construction and directional drilling would be used for this project. He gave examples of one - hundred -year flood events and what would happen in its current condition as well as the proposed condition with the eight -inch outlet. He noted that the structures at 23955 Clover Lane and 23950 Elder Turn do not currently meet the City's zoning ordinance, but they are grandfathered in because the ordinance applies to new structures. He explained that the City is not trying to fix this issue and bring them into compliance but would like to reduce the risk associated with them being damaged. He gave an overview of the hydrograph results for the Studer Pond Water levels with the proposed improvements. He noted that the structure at 23445 Smithtown Road does not meet the zoning requirement and in this case, the project does not make the situation better or worse. He stated that this project would not be assessed and is estimated to cost approximately six hundred fifty -four thousand dollars. He reviewed the permitting and approvals that will be necessary to complete the project. He gave an overview of the proposed schedule and noted that staff is estimating that construction will begin in late September or early October of 2020. He stated that the plan would be for the project to be substantially completed by late November of 2020. Mayor Zerby opened the public hearing for comment at 7:21 p.m. Kenneth Huskins, 24075 Mary Lake Trail, asked about the retention pond adjacent to his property and whether there would be any consequences to this pond with the City's proposed solution. City Engineer Budde stated that there should not be any impact to that retention pond. Mr. Huskins asked whether the grading was completed to connect the north part of the lake with the main body of the lake whether they may be any bi- directional flow of the water. City Engineer Budde stated that they he does not think there will be any significant bi- directional flow. He stated that there may be a minor flow, but by creating a channel, it is making a way for it to look, act and operate as one basin. He explained that because the outlet is on the north side, that is generally the direction the water will drain. He stated that he is not concerned about bi- directional flow in this situation. Mr. Huskins asked about the budget estimate and whether there is a plus or minus associated with it for potential overage of underage of the estimated costs for the bids that may come in. City Engineer Budde stated that he believes the estimate given is on the high side and as long as there are no unforeseeable issues, he expects the bids to come in under the amount he has estimated. Roger Lubke, 5915 Minnetonka Drive, noted that the picture that was shown for the directional drilling showed a very small pipe. He stated that there is an eight -inch pipe coming out of Mary Lake and asked if he was missing something based on what was shown in the pictures. He stated that his biggest question is regarding funding. He stated that City Engineer Budde stated that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 3 of 10 there would not be assessments for this project and asked if that meant everyone in the City would be paying for this project. He stated that in his opinion, this project directly benefits the residents that live near Mary Lake and not the general City population and asked why tax payer dollars would be used to fund this project.. City Engineer Budde stated that the picture shown of the direction drill mechanism had a three - inch diameter head. He stated that in this case, there will be a larger head put onto the machine in order to accommodate the eight -inch pipe. He stated that the City's policy is not to assess for any projects. He stated that the City is planning to use some money from the general fund, but also to bond for some of the costs. City Administrator Lerud clarified that stormwater is an Enterprise Fund so stormwater utility fees are used to finance storm water projects, and no general fund money will used for this project. Mr. Lubke asked whether this would be carrying the nutrients from all the surrounding lawns all the way into Lake Minnetonka. Councilmember Siakel explained that almost all of the water on the western side of the City eventually makes it way to Lake Minnetonka. She stated that it has been quite a while since the City banned phosphorus from fertilizers so there has been quite a bit done to try not to have excess chemicals flow through the water system. Mr. Lubke stated that he would think that what would make the most sense is to have this water drain into some sort of pond where there are reeds and other vegetation, so the water is mitigated before it would run into a lake. He stated that one of the alternatives presented was for this to go into some sort of wetland before going into Lake Minnetonka which he thinks is a bit more environmentally friendly. He noted that he was not trying to criticize this plan, but would like to know if this situation has been thoroughly thought through. City Engineer Budde stated that the City has not done water quality testing of what is in Mary Lake versus anything downstream. He noted that if you look at historical photos, Studer Pond has been a wetland. He noted that when the water leaves Studer Pond, it will go through another wetland system before it makes it way to Lake Minnetonka. He stated that this water will go through two basins before it gets to Lake Minnetonka. Mayor Zerby explained that this plan also requires approval by the Minnehaha Creek Watershed District who looks very closely at these types of things. Nicole Rubinger 24035 Mary Lake Trail, stated that from the information presented, her understanding is that it only costs about $16,000 to pump down the level of the lake, why the City would be looking at spending over $600,000. City Engineer Budde explained that it cost that much to pump down the lake, not including city staff time. He noted that this has had to be done a number of times over the last ten years. Ms. Rubinger asked about the cost benefit of moving forward with this project versus if the City keeps on doing what it has been doing. Councilmember Siakel stated that she thinks there is probably a better way to drain it than the way it has been done in the past. She stated that there have been a number of residents that have come forward over a number of years to ask the City to do something to correct the situation. She reiterated that the City does not assess for this type of project and explained that the City took a look at the needs of the entire western portion of the City with regarding to water issues. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 4 of 10 Director of Public Works Brown stated that the City has had to seek emergency permitting from the DNR for past pumping that needed to be done. He explained that with the proposed design of an eight -inch pipe, their hope is to gradually drain down the lake during heavy rain events rather than holding off and waiting until the last minute when homes are in danger. He stated that the pumping can cause more environmental damage such as erosion and dumping nutrients because of it being pumped rather than flowing. Councilmember Johnson stated that for the residents that live near the pump location, they have about six weeks of hearing the loud noise of the pump which becomes a quality of life issue for nearby residents. Public Works Director Brown stated that they also had to cross driveways in the area with the equipment and people definitely got tired of it. Brett Brooks, 23610 Gillette Curve, asked about the required easement and why the existing easement cannot just be used. City Engineer Budde reviewed the location of the existing easement and the proposed easement. He explained that in order to directionally drill, there needs to be a fairly straight path for the equipment to be able to work which is why the proposed easement is there. Mr. Brooks stated that when the watermain easement originally went in, it was proposed in almost the same location as is suggested for this project. He explained that the property owners did not want an easement in that location and sought legal action to get it moved to a different location. He stated that the City has said that this project will have a positive impact on the properties surrounding Mary Lake, but it will have a detrimental impact on the property where the easement is required. He noted that they had written a letter opposing this easement. City Engineer Budde stated that the City did receive the letter. He noted that there are a few changes that can be made to the design but the City will need an easement from this property owner or one off of Wood Duck Circle. He noted that the current recommendation is, in his opinion, the best route, but the City can consider some other options, if necessary. Councilmember Siakel asked what Mr. Brooks meant by this project being detrimental to this property. Mr. Brooks stated that his understanding is that the property owner cannot do anything on top of the easement so it makes that portion of the property virtually unusable. Garrett Nordlinq, 5810 Minnetonka Drive, asked if this project will improve water quality or if there will be any side effects on Mary Lake. City Engineer Budde stated that he does not envision any significant water quality or side effects on Mary Lake. Ms. Rubinger, stated that there are a lot of turtles and other animal life in Mary Lake and asked if there will be any change in animal behavior or their habitat related to this project. City Engineer Budde stated that what this does for Mary Lake is make the water level consistent over the whole season rather than having the levels bounce up in elevation. He stated that if there are birds or animals that have their nests along the shore, they will be less impacted with this proposed project than in their current condition. He noted that the City will also be seeking a permit from the DNR for this project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 5 of 10 Susan Louris, 556 Williams Street, stated that their property backs up to Studer Pond. She asked if there was a 100 -year water event, how much Studer Pond would rise. City Engineer Budde stated that it would raise it about one inch. Jeff Pomeroy, 23955 Clover Lane, asked about the open trenching along Clover Lane, which side of the road it will be on, and what will happen with the soil that is dug out for the project. City Engineer Budde stated that they have located the utilities already, and are proposing to put the pipe on the north side of Clover Lane within the City right -of -way. He stated that he believes that the dirt piles would get placed on the road. He stated that they will also do restoration with seeding. Mr. Lubke asked if the pipe and plans were sufficient so there would not be a situation where Studer Pond may overflow backwards into Mary Lake. City Engineer Budde explained that there is about twenty -five feet of fall between Mary Lake and Studer Pond so it should not be an issue. There being no additional public comment, Mayor Zerby closed the public hearing at 7:52 p.m. 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING 8. ENGINEERING /PUBLIC WORKS A. Accept Bids and Award Contract for Woodside Road/Woodside Lane Street Improvement and Watermain Extension, City Project 19 -04 Public Works Director Brown explained that Katie Koscielak from WSB has been working with the Department of Indian Affairs and asked her to give an update to the Council. Katie Koscielak, WSB, gave an overview of the reclamation and watermain improvements at Woodside Road and Woodside Lane and noted that there will only be watermain improvements along Kathleen Court. She gave an overview of the archeological investigation and noted that not much has changed since her last update. She stated that the entities involved have indicated that the project can move forward with a monitoring plan as proposed. She stated that there were seven bids opened on June 16, 2020. She indicated that the low bid was from New Look Contracting for a total of $861,316. She gave an overview of the anticipated schedule and noted that construction should begin in mid -July of 2020 and be completed by October of 2020. She explained that because of COVID -19 they will not be meeting in larger groups so they will be getting some newsletters and other forms of communication out to residents so they are informed about what is going to be happening. Councilmember Siakel stated that she wants to ensure that the residents in this area know that this is coming and that there is good communication. Ms. Koscielak stated that they put some frequently asked questions on the website a few weeks ago about what they can expect during the reclamation project. She noted that she has been working with Communications Coordinator Moore on getting in touch with residents to let them know the project is coming. She stated that they sent out an update about a week ago and have already received four phone calls from people hoping to coordinate the open house at their home. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 6 of 10 Councilmember Johnson stated that he also believes that there has been construction signage up for quite a while. Public Works Director Brown stated that in addition to construction signage, the City has also been working with residents as Center Point Energy has also been in the area completing work. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20 -062, "A Resolution Accepting Bids and Awarding Contract for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19 -04" Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. B. Accept Bids and Award Contract for Enchanted Island and Shady Island Street Reclamation Project, City Project 18 -11 Public Works Director Brown stated that this is a similar project to the Woodside project and asked Ms. Koscielak to give an update to the Council. Ms. Koscielak, WSB, gave an overview of the reclamation improvements on Enchanted Lane; Enchanted Drive; Enchanted Circle; Dellwood Lane; Shady Island Road; Shady Island Circle; Shady Island Point; Shady Island Trail; and the possibility of including the alternate improvement on Enchanted Point. She stated that the State Historical Preservation Office has indicated that that the City can also move forward with this project with monitoring when construction begins. She stated that they received five bids for this project with the lowest being from Northwest Asphalt, Inc. She noted that this bid is also came in below the engineering estimate for project cost. She stated that she is recommending moving forward with the base bid and excluding the alternate. She stated the residents along Enchanted Point expressed interest in have an otta seal at some time in the future to stabilize Enchanted Point rather than including it in this project. She reviewed the anticipated schedule and noted that construction should begin in July and end in October of 2020. She reiterated that because of COVID -19 they will be using alternative methods to communicate with residents prior to construction. She noted that they will also be including Minnetrista in the mailings and weekly updates. Mayor Zerby stated that he has gotten calls from two residents who live on Enchanted Point and are concerned because there is a portion of the road that is asphalt and not gravel which was placed there by private citizens and not the City. He stated that the residents were concerned about how the City would be dealing with that different surface. Ms. Koscielak stated that they can take a look at the subsurface materials and see what they have and perhaps have a portion of it be taken care of the planned improvements. Mayor Zerby asked that they do that because it is important for these residents to have an understanding of what their expectation is when the project is completed. Councilmember Labadie stated that she is happy that the City is including Minnetrista in the communications. Councilmember Siakel asked for clarification of the parameters of the project. She stated that her understanding is that it is just the main project bid and not the gravel road on Enchanted Point, but will include taking a look at the two properties on Enchanted Point to see what type of materials and surfacing was used for their privately paved portion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 7 of 10 Mayor Zerby confirmed that this is what the Council had been discussing. Brian Murdock, 4540 Enchanted Point, asked if there was any further discussion about paving his road. Mayor Zerby explained that at this point, the Council is not planning to make any changes to Enchanted Point other than the minor improvement with an otta seal at some time in the future. Mr. Murdock thanked the Council and noted that he feels the neighbors are all in agreement that they would like this solution. Labadie moved, Sundberg seconded, Adopting RESOLUTION NO. 20 -063, "A Resolution Accepting Bids and Awarding the Contract for the base project for the Enchanted Island and Shady Island Street Reclamation Project, City Project 18 -11." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. C. Approve Feasibility Study and Authorize Plans and Specifications for Mary Lake Outlet, City Project, 19 -09 City Engineer Budde gave an overview of the feasibility study the Mary Lake Outlet project. He explained that staff is recommending that the City continue to seek the variance from the Minnehaha Creek Watershed District for changes to the water elevation of Studer Pond. He stated that they will also be seeking municipal consent from the City of Excelsior. He noted that he is hopeful that the permitting process through the Minnehaha Creek Watershed District will be completed by October. He explained that if there are any issues with the permit, it could delay the construction to late season 2020 or possibility into 2021. He stated that he will make sure to keep the Council apprised of how things are going with the permitting process so they can plan accordingly. Councilmember Siakel stated that she supports finding a solution for Mary Lake. She stated that she is thinking about the comments from Mr. Brooks about two easements going through their property and asked staff to work with the residents to limit the overall impact to their property. Mayor Zerby asked whether the feasibility study needed to be complete before the City could ask the permitting agencies to move forward. City Engineer Budde explained that the feasibility study and plans do not need to be fully completed and should be at a point within a few weeks to submit the information. Mayor Zerby stated that he had some concerns over how Excelsior will handle this but noted that he believes they have a similar project coming up that will drain through Shorewood. City Engineer Budde stated that he is not aware of that plan from Excelsior. Mayor Zerby asked staff to look into this issue. Planning Director Darling stated that she is aware of the project that Mayor Zerby is referring to and believes the City of Excelsior has been working exclusively with the two adjacent property owners and not the City. Councilmember Labadie thanked City Engineer Budde for his thorough reports and pictures of directional drilling. She stated that she also has concerns with the potential double easement on the property referenced by Mr. Brooks. She noted that she believes this is a good permanent solution for the residents in the area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 8 of 10 Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 20 -064, "A Resolution to Approve Feasibility Study and Authorize Preparation of Plans and Specifications for the Mary Lake Outlet Project, City Project, 19 -09, while also giving consideration to the request regarding easement concerns. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. D. Approve Feasibility Study and Authorize Preparation of Final Plans for Shorewood Oaks Drainage, City Project 20 -04 City Engineer Budde gave an overview of the feasibility study and plans for the Shorewood Oaks drainage project. He reviewed the background of the existing situation which was a tile system installed under the streets. He explained that it was believed to be for sump pump discharge, footing drains and lowering the ground water and does connect to the sewer system. He gave examples of several times when the sump pumps have failed, and water has backed up into nearby basements. He stated that this area was also evaluated as part of the Western Shorewood Drainage Study. He explained that the proposed improvements are to install a catch basin onto existing tile near the right -of -way and property line. He stated that this should allow for excess flows to overflow rim of structure and drain to the street. He noted that they would like to confirm connection to existing footing drainage via televising. He reviewed the project costs and noted that there will be no assessments for this project. He stated that the estimate at this stage is two hundred seventeen thousand dollars. He reviewed the proposed schedule and noted that construction should begin by mid - September and be substantially complete by November of 2020. Don Aslesen, 26055 Shorewood Oaks Drive, thanked the Council and City Engineer Budde for their work on this issue. He stated that he had hired Matt's Plumbing do scoping to take a look at the line. He stated that he does not believe the catch basin solution will solve the problem at his property and thinks that it may just need to be capped in his situation. He stated that he is happy to have a conversation with City Engineer Budde about this situation and share the information he has been able to gather. Dave Eisenmann, 26320 Shorewood Oaks Drive, stated that he wanted to echo what Mr. Aslesen shared. He stated that he really appreciates the City taking action on this issue and thanked City Engineer Budde for working with him and having conversations about what is going on. He stated that he is happy to work with the City on coming up with a workable solution. He stated that he also does not think the catch basin is a solution that will work for his household but is glad they are planning to investigate other possible solutions, especially by televising the connections. He reiterated his thanks to the City for working on this problem. Mr. Aslesen stated that he thinks what has already helped alleviate some of problems was paving the parking lot at the ballfields and elevating it on the west side. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20 -065, "A Resolution Approving the Feasibility Study and Authorizing Preparing Plans and Specifications for the Shorewood Oaks Drainage Project, City Project 20 -04." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 9 of 10 E. Accept Proposal from Total Control for Replacement of Programmable Logic Controller at Badger Well Public Works Director Brown stated that this is the last of the programmable logic controls for the City's wells. He gave a brief overview of how the programmable logic controls work. He stated the PLC was included for replacement in this year's budget and staff is recommending approval. Johnson moved, Sundberg seconded, Adopting RESOLUTION NO. 20 -066, "A Resolution Accepting the Proposal from Total Control Systems, Inc. for Replacement of the PLC at Badger Well Facility. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. F. Approve Plans and Specifications and Authorize Advertisement for Bids for Beverly Drive and Cajed Lane Drainage Project, City Project 20 -03 City Engineer Budde gave an overview of the final plans and specifications for the Beverly Drive and Cajed Lane Drainage project. He reviewed the updated alignment of the drain tile and plans to utilize the existing drainage and utility easements. He stated that a portion of it will be open cut and a portion will be directionally drilled. He noted that the City will need to get right -of -entry and easements for two properties as part of this project. He noted that if approved, they are anticipating substantial completion by November 1, 2020 with final restoration by June 1, 2021. He stated that this is projected to come in significantly under budget. The Council commended City Engineer Budde for his work on all the upcoming projects in the City. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20 -067, "A Resolution to Approve Plans and Specifications and Authorize Advertising for Bids for the Beverly Drive and Cajed Lane Drainage Project, City Project 20 -03." Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. 9. GENERAL /NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. May 2020 General Fund Budget Report Finance Director Rigdon gave a brief overview of the May 2020 General Fund budget report. He noted that building permits are down a bit from last year at this time. Other Public Works Director Brown stated that crews are finishing up watermain flushing this week and will move into patching and tree work. Planning Director Darling stated that Eddie Station repainting project is finished. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES JUNE 22, 2020 Page 10 of 10 B. Mayor and City Council Councilmember Sundberg expressed her appreciation to the City staff for doing such a dynamite job amidst the COVID -19 pandemic situation. She noted that she is happy that the City is moving forward with so many of these Public Works projects. 11. ADJOURN Sundberg moved, Johnson seconded, Adjourning the City Council Regular Meeting of June 22, 2020, at 8:54 P.M. Roll Call Vote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. ATTEST: �- %phnifeW Labadie, Acting Mayor Sandie Thone, City Clerk