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12-28-20 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 28, 2020 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, 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 Labadie moved, Johnson seconded, approving the agenda as presented. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Councilmember Johnson expressed his appreciation for the donations from Bob Newman, Shorewood Landing and American Legion Post 259. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of December 14, 2020 B. Approval of the Verified Claims List C. Approve Arctic Fever Donation from The Pillars of Shorewood Landing, and American Legion Post 259, Adopting RESOLUTION NO. 20-136, "A Resolution Accepting Donations to the City of Shorewood 2021 Arctic Fever Event." D. Approve Finance Policies i. Uniform Guidance and Federal Grants ii. Purchasing Procurement/Payment of Claims CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 2 of 10 E. Approve Shorewood Community and Event Center Donation from Bob Newman, Adopting RESOLUTION NO. 20-137, "A Resolution Accepting Donations to the City of Shorewood — Shorewood Community and Event Center." F. COVID Leave Extension �. ...• - .ISMS, . - • _ _ .. 3. MATTERS FROM THE FLOOR Greg Larson, 25535 Orchard Circle, asked about the intent of the Amlee Road project on tonight's agenda. Mayor Zerby stated that the intent is to review and possibly approve final plans and specifications and authorize advertisements for bids. Mr. Larson stated that he thought a few months ago that there was an agreement that neighbors would have a chance to review, comment, and discuss those plans before final approval. Mayor Zerby suggested that this conversation happen during the actual agenda item but noted that the information has been communicated numerous times through e-mail blasts and available on the website for a few weeks. Mr. Larson stated that the construction website states that it will be discussed tonight, but according to the agenda it is going to be up for approval which he thinks are two separate things. Richard Eng, 25170 Glen Road, asked if members of the public would be able to speak during agenda item regarding Glen Road/Amlee Road/ Manitou Lane. Mayor Zerby stated that it is not a public hearing, but he is always open to hearing comments from residents about agenda item. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. SLMPD Chief Mike Meehan South Lake Minnetonka Police Department (SLMPD) Chief Meehan thanked Mayor Zerby for his service, advice and leadership to the SLMPD. He explained that there is a plaque that has been made for Mayor Zerby in recognition of his service on the SLMPD Coordinating Committee from January 2013 through December 2020 that he will have delivered to Mayor Zerby's home. Mayor Zerby stated that it has been an honor to service alongside SLMPD Chief Meehan. He noted that he is pleased with the changes that have been made in the department and the attitude that Chief Meehan brings to the community every day. 6. PARKS 7. PLANNING A. Denial of C.U.P. for Fencing Location: 5730 Club Lane Applicant: Roger and Roberta Aronson CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 3of10 Planning Director Darling gave an overview of the continuation of the request by Roger and Roberta Aronson for a C.U.P for a fence. She explained that at the December 14, 2020 meeting, the Council directed staff to provide a resolution denying the request based on the finding that the taller fence would negatively affect the present and future land uses in the area and may depreciate the area in which it is proposed. She noted that after the meeting, staff spoke with the applicant and they did inform them that they would proceed with installation of a fence that conforms to the regulations and noted that this is currently under construction. She stated that they had also submitted the consent statements by their neighbors as required by code. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-130, "A Resolution Denying a Request for a Conditional Use Permit for a Fence for Property Located at 5730 Club Lane." 161 8. ENGINEERING/PUBLIC WORKS A. Approve Final Plans and Specifications and Authorize Advertisement for Bids for Glen Road/Amlee Road/Manitou Lane Street Project, City Project 18- 08 City Engineer Budde gave a brief presentation outlining the background information of the Glen Road/Amlee Road/Manitou Lane Street project. He gave an overview of the overall drainage plans for both the west and east halves of the project area; road widths and the proposal for no parking alongside one side of the roadway to help ensure that the streets remain passable. He reviewed the CIP budget and the ongoing right of entry agreements that staff is attempting to secure. He noted that the tree removal will be handled under a separate contract. He reviewed the proposed schedule with bids opened in late January 2021; project awarded in February of 2021; construction to begin in April or May of 2021; with construction completed by the end of August 2021. Councilmember Siakel asked about the plans for the little pond by the Gideon Woods townhomes which is part of their HOA. She stated that it looks like the plans are going to increase water flow into this pond. She asked if there was anything the City needed to be involved with to assist in maintaining that pond. City Engineer Budde stated that he has had a number of conversations with Gideon Woods HOA over the last few months and explained that the city is proposing to expand the pond and provide a new outlet control structure for that pond. He explained that as part of this process the city would clean out any sediment that has accumulated which is typically the largest expense to maintain a pond. He stated that the HOA will still be responsible for the long-term maintenance of the pond and this would all be memorialized in a right of entry agreement. Councilmember Johnson asked about the waterflow from Amlee Pond under the LRT and towards Manitou Park. City Engineer Budde stated that once it crosses to the north side of the Hennepin County trail, it generally flows within the right of way to the east. He stated that to the east there is a 12-inch culvert inlet that is owned by Tonka Bay and drains underneath their park system. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 4 of 10 Richard Eng, 25170 Glen Road, stated that the Council is voting tonight on the final project and the City has not yet heard back from Hennepin County or the watershed district and asked if that was standard procedure. He stated that he also has questions about the depth of the new proposed holding pond at 2560 Glen Road. City Engineer Budde stated that it will not have any depth because the bio-filtration basin drains the water down after about twenty-four to forty-eight hours. Mr. Eng asked how this would work with the existing elevations. City Engineer Budde stated that water will get there with stormwater piping. He stated that they had done the survey and ran all the calculations and there is grade to get water to fall back to that area. Mr. Eng asked about the plans for parking within the cul-de-sacs. City Engineer Budde stated that typically they would not sign a cul-de-sac for no parking because the entire radius is needed for vehicles to make a turning movement. Mr. Eng stated that there appear to be a lot of relocation of power poles which he feels, during a pandemic when many parents and kids are working from home, is a bad idea because of the potential for power and internet outages. City Engineer Budde stated that he believes there will only be two utility poles relocated and most will be staying in the exact same position but may need to be held by the utility company if there is excavation near the area. He stated that they are not anticipating any significant power outages. Mr. Eng asked about the backslope off the edges of the roadways and the way homes will drain. He expressed concern that homes will have water draining back towards them from the streets. City Engineer Budde stated that, in general, they have designed the elevation of the roadway and its associated curb to continue to allow the water to drain from driveways out to the street. He stated that there are a few spots throughout the project where there will be a low spot where a catch basin inlet will be installed behind the back of curb but still within the right-of-way. Mr. Eng expressed continued concern that the street water will backflow towards his home. City Engineer Budde explained the ratios and clarified that they have looked at every driveway and their plans show that the curb elevations will be lower than the existing driveway. He stated that Mr. Eng's driveway will continue to drain out to the street. Mr. Eng asked if they have the calculations for the storm sewer inlet within the projects. City Engineer Budde assured Mr. Eng that they have done all the calculations and stormwater modeling and have submitted it to the agencies which are in the review process and have been corresponding back and forth. He stated that they do not necessarily have permits in hand, but they are not aware of any concerning issues from any of the permitting agencies. Mr. Eng stated that all three of the holding areas to eventually drain behind Amlee into the natural marshland. City Engineer Budde stated that is not completely true. He explained that in the existing condition, most of the development goes in that direction and ends up there with a small portion along Glen Road that drains to a different stormwater pond and crosses the Hennepin County rail. He stated that some of the water also goes to the existing wetland along the south side of Glen near the County road intersection. He noted that the plans reduce the flow in a hundred -year storm event by about fifty percent for the water that currently drains to the west. Mr. Eng stated that it has been well documented that the area near 25165 Glen Road can be anywhere from two to three feet under water. He stated that he has submitted photos to the City CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 5 of 10 and Public Works Director Brown of the area under water. City Engineer Budde explained that the cul-de-sac will not be under water by two to three feet. He stated that the area that he assumes Mr. Eng is referring to is an existing infiltration basin that was built by the property owner and the cul-de-sac is bulging out in that direction but it will not be two feet under water in that area. Mr. Eng stated that he has photos from before that infiltration basin was constructed that shows this area has been under water. Mayor Zerby stated that this area being under water is one of the reasons why the City is undertaking this project. He stated that the City has hired a firm that has done many road projects and used their hydro -cad models to be able to properly prepare for the issues that Mr. Eng is discussing. Elizabeth Van 24710 Amlee Road, asked if there will be an archeologist on site for work that happens in the culturally sensitive area. City Engineer Budde stated that they are proposing that there will be an archeologist on site, monitoring the excavation in that area. He stated that they have not gotten feedback from the reviewing agencies, but he anticipates that they will want to see a monitor on site. Ms. Van stated that her understanding is that the Council can vote to approve this knowing that they are still waiting to hear back from some agencies, but work would not be able to begin until the City hears back from the agencies. City Engineer Budde stated that this is correct and they are just seeking approval of the plan and going out to get pricing for the project. He stated that they will have to come back, most likely in February, for awarding the contract to the low bidder. He stated that he is recommending that the project not be awarded to a contractor until the City has gotten feedback from the reviewing agencies. Ms. Van asked if one of the agencies was the Minnehaha Creek Watershed District (MCWD). City Engineer Budde explained that this is correct and explained that the MCWD was finishing up their internal review. He noted that he had spoken to them earlier today and they told him that they do not have any significant concerns. Ms. Van asked if there would be a possibility of the project being tweaked later if the Council approved it today. City Engineer Budde stated that from time -to -time tweaks will come up but there will not be any major changes. Ms. Van asked if there was any expectation that the wetland behind Amlee Road will be flooded out. City Engineer Budde stated that based off of the modeling, they are showing the water elevations for the Amlee wetland will slightly decrease. Debra Rengers 24880 Glen Road, stated that she thought trees that had medallions were the trees that would come down. Mayor Zerby stated that this is not correct and the medallions were placed by Davey's Tree Service and are part of the inventory of all the trees that are in the City right-of-way. He stated that this explanation was posted to the City website on October 16, 2020. Ms. Rengers stated that she would like to know why five of her trees are coming down. She stated that the plans say that the five trees will come down but the fence will be preserved. She stated the trees are behind the fence, so she does not understand why the trees would need to come down. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 6 of 10 City Engineer Budde stated that he can meet with Ms. Rengers to provide her with more detailed information. Ms. Rengers stated that she would like to discuss this because she taps those trees to make maple syrup. She stated that her driveway slopes down and she is worried that if the trees come down that the water will flood into her property. She stated that they have done tiles both inside and outside of the house to ensure that their basement stays dry and she is now concerned that this will really alter the flow of the water into her yard. City Engineer Budde stated that he will go through all of those details with her and encouraged her to call him to discuss this. Kipp Knutson, 24820 Glen Road, stated that he has a few specific questions that he will contact City Engineer Budde about, but noted that he also has a few general questions. He asked if there were any plans for tree replacement. City Engineer Budde stated that they are anticipating to provide at least two trees to each property owner that would like them and also, if there are right of entry agreements or other easement agreements, some of those properties are getting more trees because they are taking additional trees. He noted that the plan does not specifically show where those trees will go because there are still some details regarding which trees will completely come out and which ones may just be impacted. He stated that they will coordinate with property owners to identify where those trees will go. Mr. Knutson asked if the species of trees would be the same or similar to what is taken out. City Engineer Budde stated that they will be similar and noted that the City has a list of ideal trees that are non-invasive and native to the area. Mr. Knutson stated that he would hate the colorful maple trees to be taken away and not have them replaced with something similar. He asked about the retaining wall and what kind of appearance it would have. City Engineer Budde stated that they are proposing a boulder retaining wall for a natural look. Mr. Knutson stated that the plan seems to call for destruction of everything within the construction limits and asked if that is absolutely necessary. He explained that he has a concrete driveway that has some coloring and stamping and would prefer that it be disturbed as little as possible. He stated that it appears as though the plans show about six feet of it will be cut out and replaced. City Engineer Budde stated that they have done what they can to minimize the destruction and offered to meet privately with Mr. Knutson to talk through some of the details. He stated that sometimes there are options to minimize this and it would be a good idea to have Mr. Knutson help make those decisions so he understand the pros and cons of those decisions. Mr. Knutson stated that he has a problem with his sewer where the line coming from his house meets the stub from the City. He stated that it has settled and noted that he had the line televised and it has settled by at least six inches. He asked if that is something that can be addressed at the time of the project. He asked if that would be City responsibility or his responsibility. He stated that he is happy to have a conversation with City Engineer Budde to discuss some of these things. City Engineer Budde stated that the short answer is that they were not anticipating having to fix sanitary sewer services, but he would need to look closer at his specific situation. Mr. Knutson stated that he would be in touch with City Engineer Budde this week. Mr. Eng asked if the Council would be planning to vote on City water for this project and if so, he would like to know the total amount of people who have expressed interest in signing up for it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 7 of 10 Mayor Zerby stated that typically what the City does is ask for it to be an option in the project so they understand the costs and then review it at the time the bid is accepted and make the decision at that time. He stated that it is done typically by resident input. Ms. Van asked how old the trees will be that will be part of the replacement. City Engineer Budde stated that they estimate that the replacement trees would be about a two- and one-half inch caliper and probably six to eight feet tall depending on what species it is. Wally Piroyan 24845 Glen Road, noted that there appears to be a discrepancy between the Davey's report on tree removal and the report authored by City Engineer Budde. He asked for a tally of how many trees will be coming out on all three streets. City Engineer Budde stated that he does not have that information, but is happy to follow up with Mr. Piroyan, Council, and staff with that information. Mr. Piroyan stated that according to one of the reports it was just a little under 300. He stated that he feels this number is important and thinks it is important to try to minimize this because this is one of the oldest neighborhoods in the City. City Engineer Budde noted that he thinks the report Mr. Piroyan is referring to included Gideon's Forest when they thought a holding pond may be located in that area. He reiterated that he will follow up with Mr. Piroyan to give him an accurate number. Mr. Piroyan asked about the mitigation from the current flow of water to the proposed plan because it appears pretty nominal and asked for further details. He stated that as a layman, he sees very little difference between the current conditions and the proposed condition. City Engineer Budde stated that the short answer is that the City cannot make it worse for anyone downstream, so their ultimate goal is not to provide any increase in flow leaving the site in any of the locations. Mr. Piroyan asked how the mitigation rates for this project compared to other projects. He reiterated that these appear to be nominal results and are requiring heavy investment from the City. City Engineer Budde stated that this is pretty typical. He stated that the City is trying to address any known water or drainage issues along these corridors. He stated that in order to do that they need to put in structures or catch basins that help collect the water and ultimately that water drains away more quickly from the problem areas and gets to the intended locations more quickly where they can provide adequate rate control. He stated that the other side looks at water quality and how much the existing water is treated for nutrients or sediment. He stated that every project is unique and there is not a number that they strive to meet. He stated that the projects are always a balance between what they need to achieve, what can be achieved reasonably, and the ultimate benefit downstream. Mr. Piroyan asked if the trees being removed were calculated with this in mind because trees absorb a lot of water. City Engineer Budde stated that the current engineering practices, and indeed the MCWD rules do not account for the number of trees that are existing or removed. He stated that typically trees, while they do absorb ground water, do not have an immediate impact on surface water so trees are not included in the calculations. Mr. Piroyan stated that he would like to know what is meant by aggregate removal. City Engineer Budde stated that this is probably referring to aggregate driveways. He stated that the areas within the City right-of-way will be removed and then replaced at the end of the project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 8 of 10 Mr. Piroyan asked if the City had identified where the eminent domains would be. City Engineer Budde stated that the City has negotiated two permanent drainage utility easements for the project. He stated that everything else within the project will generally be right of entry because it is either mutually beneficial or has a minimal impact. He stated that he has been meeting with residents throughout the project to see if they are open to this because this can tweak the design. Mr. Piroyan reiterated his question about whether the City had identified any other eminent domains other than the two City Engineer Budde just referenced. Councilmember Siakel stated that she thinks the phrase "eminent domain" needs to be clarified because the City is not taking anyone's property. City Engineer Budde stated that eminent domain is the taking of property and the City is not going through the eminent domain process. He stated that everything that the City is pursuing is being done though mutual agreement between the City and the property owners on an at -will basis. Mr. Piroyan asked if his understanding was that if the residents said that they did not want any of their trees touched, the City would do their best not to touch them. City Engineer Budde stated that if the trees are fully on private property, that would be correct, but noted it can get a little more complicated if they are on the property line because it is likely that their roots will be impacted. Mr. Piroyan confirmed that City Engineer Budde was willing to meet with any homeowner in the area if they have a tree that is in the right of way or on the edge of one. City Engineer Budde stated that the City has been coordinating with Davey's Tree Service to identify any residents that have these questions and are anticipating setting up a meeting with the residents to talk through the options. Mr. Piroyan stated that there appear to be quite a few loose ends and issues pertaining to permitting and would ask that the Council move this decision into January. Kim Piroyan 24845 Glen Road, asked for clarification on the Davey's report that was recently uploaded to the City's website. She stated that there is a packet that lists Bolton and Menk along with Davey's. She stated that this document does show almost 300trees and asked for clarification on whether these are the proposed trees that will be removed or just the ones in right- of-way. City Engineer Budde explained that the packet she is referencing includes the trees that were north of the Hennepin County rail that he referenced earlier in the meeting. He stated that the Davey's inventory looked at the condition or health of the tree and Bolton and Menk looked at it from the perspective of which trees would be impacted by construction. Ms. Piroyan stated that she believes the tree inventory shows 75 to 80 percent of the trees are in good shape. She stated that she is concerned that there are almost 300 trees identified that are on people's property and asked why that many need to be removed. She stated that this would materially change the aesthetics of the street that is well known for its beautiful blanket of trees. She stated that it sounds as though most of the trees will be going away which will also impact property values. She stated that the previous plan from around 2017 identified about 100 trees that would be taken down. City Engineer Budde stated that he will have to follow up on all the questions related to trees and noted that he had staff and Davey's help him pull some of this together. He stated that he will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 9 of 10 pour through it in more detail and then follow up with everyone on the number of trees that will be impacted. Ms. Piroyan implored the Council to consider that this is the time of year when there are not a lot of people around and noted that many people did not know about this meeting. She stated that they only found out about it earlier today. Mayor Zerby asked if Ms. Piroyan was on the e-mail list. Ms. Piroyan stated that she believes that she is on the e-mail list. Mayor Zerby noted that notice when out on December 18, 2020. Ms. Piroyan stated that she has only heard of one person on the street that had received that notification. She stated that she does not feel people have had the chance to really look at the latest iteration of the plans and implored the Council to give this a little more time so residents can take a look at this and absorb what will be happening. Mayor Zerby noted that the plans have been available on the City website for some time. Ms. Piroyan stated that the most recent plans are not on there and there are tons of details on these that she has never seen before. City Administrator Lerud noted that he has counted the red X's on the most recent tree plan and there are approximately 112 trees total that are proposed to be removed. Ms. Piroyan stated that if you look at the Excel spreadsheet, that shows the number closer to 300. City Administrator Lerud explained that the spreadsheet was just for trees that are on the City owned parcel north of the rail property. He stated that the City is not proposing to do any work in that location, so none of those trees will be impacted by this project. Councilmember Siakel noted that in reference to the cultural mound area, the City just completed a similar project on Woodside Road which went very well and does not think there were any complaints. She stated that the City will follow the same process and respect what is there and contract with the right people so the outcome in this location will also be favorable. Mayor Zerby stated that he appreciates the work that staff has put into this project. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 20-132, "A Resolution Approving the Plans and Specifications for the Glen Road, Amlee Road, and Manitou Lane Street and Utility Improvement Project and Authorizing Advertisement of Bids, City Project 18-08." 9. GENERAL/NEW BUSINESS 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. C.U.P. for 23400 Smithtown Road Planning Director Darling noted that for the last several Council meetings, the resident at 450 West Lake Street has appeared requesting that the City require the property owner at 23400 Smithtown Road to install a fence along the property line. She stated that the fence has been CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES DECEMBER 28, 2020 Page 10 of 10 constructed with a gate that is currently closed. She stated that the resident at 450 West Lake Street has asked to staff to also enforce other conditions of the 1990 C.U.P. She explained that staff has researched, as best as possible, the timeline and has concern that some of the conditions of approval were not fully implemented by the then owner of the property or that Council. She stated that the reason they may not have been fully implemented could have come from an attorney general's formal opinion that C.U.P.s do not expire which means the previous approval to use the property as a dredging company could have superseded resolution 690. She referenced some of the things brought up by the resident at 450 West Lake Street and what is currently in place. She stated that staff is concerned that the conditions would not be enforceable after thirty years have passed and are recommending no further action now that the fence has been installed. She stated that they will monitor the site from time to time to ensure that they are maintaining the fence. Other Public Works Director Brown thanked Mayor Zerby for his service to the City. City Clerk Thone noted that she would miss both Mayor Zerby and Councilmember Sundberg. City Administrator Lerud reminded the Council that there will be an Economic Development Authority meeting immediately following the Council meeting. City Attorney Keane thanked Councilmember Sundberg and Mayor Zerby for their years of service and endless time commitments. He stated that he has worked with many mayors over the years and feels that Mayor Zerby stands out as the model for what a mayor should be. He explained that Mayor Zerby is always organized, prepared, available to residents, and treats everyone respectfully. B. Mayor and City Council Councilmember Siakel commended City Engineer Budde for his work during tonight's meeting. She stated that she felt he did a really nice job, was respectful and prepared to answer questions. Mayor Zerby thanked everyone for their well wishes and noted that he will miss working with everyone. He stated that he feels the whole team made up of the Council and staff have gotten a lot done. 11. ADJOURN Sundberg moved, Zerby seconded, Adjourning the City Council Regular Meeting of December 28, 2020, at 8:51 P.M. Roll Call Mote: Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye. Motion passed. ATTEST: Je ifer Wbadie, Mayor Sandie Thone, ity