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02-08-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 8, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; and City Engineer Budde Absent: None B. Review Agenda Mayor Labadie noted some corrections that had been made to some of the resolution numbers that were incorrect in the packet sent to the Council. City Administrator Lerud stated that staff has requested that item 8b. be removed from the agenda. He said after the agenda was published, we received an email from a resident pointing out that there was a discrepancy in protected trees shown on the map and the list of trees in the proposal. In addition, the amount of the entire proposal is such that the city needs to obtain multiple quotes. Staff anticipates bringing this back to the March 8 agenda for council consideration. Siakel moved, Callies seconded, approving the agenda as amended. s . ...- III -. 2. CONSENT AGENDA Mayor Labadie 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 January 25, 2021 B. City Council Regular Meeting Minutes of January 25, 2021 C. Approval of the Verified Claims List D. Approval of Tree Sale CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 2 of 9 E. Accept Proposal Lift Station Maintenance, Adopting RESOLUTION NO. 21- 013, "A Resolution Accepting Proposal from Quality Flow Systems for Annual Lift Station Inspections." 3. MATTERS FROM THE FLOOR Richard Eng, 25170 Glen Road, asked if the Council would be allowing public comment for items 8a, 8b and 8c. Mayor Labadie noted that those items are not listed under Public Hearing, however the Council will allow comments to be made from residents but they will be limited to a maximum of five minutes. Councilmember Siakel noted that item 8b had been removed from tonight's agenda. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Curt Mackey, Excelsior Fire District Chief Excelsior Fire District Chief Mackey explained that they were asking for approval of a potential live burn within the City at 26245 Smithtown Road. He stated that this is a property that was purchased by the City and has gone through the proper abatement processes and has been maintained by the City. He stated that this would be a live burn through the Minnesota Department of Natural Resources burn permit process, the Minnesota Pollution Control Agency, and the Minnesota State Fire Marshal's office. He stated that the application has already been approved by all three entities so they are now here asking for permission from the City Council. He noted that there is a letter that will be sent out to nearby residents explaining the situation. They are proposing to do the burns February 13, 2021 through March 6, 2021 only on Saturday mornings from 8:00 a.m. to 12:00 noon, but noted that they would also like to do some other training on Thursday nights during the same period of time. He stated that the other training would include things like forcible entry, search and rescue, breaching walls, and rooftop ventilation. He noted that the property would be secured after each training session. Johnson moved, Callies seconded, to approve the live burns as requested by the Excelsior Fire District. B. Joe Shneider, AIS Committee Chair, Christmas Lake HOA Joe Shneider gave an overview of the AIS activities and things they do to protect Christmas Lake. He talked briefly about their very successful weevil milfoil program that piggy backed on some work that the MCWD had done years before. He stated that while not eradicated, there is very little Eurasian Water Milfoil in Christmas Lake. He noted that this year they did a search for Starry Stonewort. He explained that there are two major threats that they worry about in Christmas Lake that can already be found in areas of Minnesota: Starry Stonewort and Spiny Waterfleas. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 3of9 stated that the final item he would like to highlight for the Council is something called Hydrilla which is a landscaping plant that was dumped into the water in Florida by accident which has been moving north and has now been found in Indiana, Illinois, and the lakes region of New York. He stated that Hydrilla is milfoil on steroids and is the poster child for the worst invasive species. Todd Erickson, Christmas Lake HOA President, stated that he would like to discuss the sustainability of the AIS program. He thanked the City staff and Council for the support they have given to Christmas Lake over the years. He explained that in addition to partnering with the City they have partnered with Hennepin County and the Minnehaha Creek Watershed District (MCWD)in order to get their AIS protection effort off the ground. He stated that unfortunately the MCWD has taken a look at their mission and priorities and have informed them that they are unable to provide any funding moving forward. He noted that in the past, their funding covered about twenty percent of their costs to run the AIS inspection and decontamination program at the public landing. He stated that the Christmas Lake HOA is committed to continuing with this program which may result in a raise of their dues. He noted that he feels their dues are already extraordinarily high and this would require a significant increase which they are reluctant to do. He stated that they look every year at ways to be more efficient and have great partner with Waterfront Restoration who provides the trained staff for the inspections and decontamination according to DNR standards and also do a very good job at looking at the data to understand the risks. He stated that he would like sit down with the City and see how this can be done and potentially identify some additional revenue streams. He stated that Mr. Shneider has had a lot of creative ideas but they would love to also have these conversations with the City when the time is right. He stated that he believes the HOA has about a year to figure out how they will fund and sustain this program moving forward in order to protection this City resource. He reiterated his appreciation to the Council and City staff for their support to their AIS prevention efforts. Councilmember Callies asked if the HOA had ever applied for any grants to assist in their AIS program. Mr. Shneider stated that the money from Hennepin County is the result of a grant and had begun the program working on a cost share program with MCWD, however that is what is going away. The only other source that they know of right now is the DNR and there is very little money available for AIS grants. Councilmember Johnson asked about the weevil work and if it would continue annually. Mr. Shneider stated that it was not done in 2020 because they had achieved a level of balance that it is controlling the Eurasian water plants that exist in the lake. He stated that they may have to bump things up again in a future year, but right now it is in a steady place. 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the Glen Road, Amlee Road and Manitou Lane Reconstruction Project, City Project 18-08 City Engineer Budde explained that at the December 28, 2020 Council meeting the Council approved the final plans and specifications and authorized advertising for bids with an option to include the watermain in the project. Bids were opened on January 26, 2021 and found the low bidder to be WM Mueller and Sons with an amount that is about four percent under the engineer's CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 4 of 9 estimate. He noted that tree removal is anticipated to start in mid -March and extend through April and the roadway construction itself can begin as early as April or May and is required to be completed by the end of August. Staff is recommending that the watermain be included in this project because it will add better fire protection within the area and the pricing was very competitive and noted that this will also leave open the opportunity for residents should they have problems with their well and want to hook up to City water. He stated that if it is not done at this time, it would likely be another forty years before watermain would be considered by the City again in this neighborhood. He stated that the total project costs are estimated to be about $100,000 less than what the City had budgeted for the project. He stated that this project will be paid for by a combination of Street and Utility Bonds, Water Fund, Sanitary Fund, and the Storm Sewer Fund. Matthew Lafontaine, stated that he would like to discuss the size of the cul-de-sac for the Glen Road project. He explained that he feels the benefits of a ninety -foot cul-de-sac are related to turn around radius, specifically for fire trucks, snow plows, and school buses. He noted that seventy-five feet still allows for turn arounds for fire trucks and snow plows and explained that they had contacted the Minnetonka School District's Department of Transportation who explained that they do not route school buses down Glen Road today and would not even if there was a ninety -foot cul-de-sac in the future. He stated that his opinion is that there is no functional benefit to a ninety -foot cul-de-sac versus a seventy -five-foot cul de sac. He stated that one thing that was brought up to him was the time and potential delay of the project and in after speaking with City Engineer Budde it appears as though redrawing the plans would only take about six hours. He stated that he does not feel that would cause a tangible delay in the project. He stated that this change would also reduce the tree removal and bring down construction costs and would save the City about thirty thousand dollars. He stated that he is asking the Council to consider this the same way they would a personal project where if they could get the same benefit as well as save trees and money, they would approve of moving forward with that option. City Engineer Budde confirmed that what Mr. Lafontaine stated was correct. Councilmember Johnson stated that he thought about this over the weekend after reading Mr. Lafontaine's e-mail. He stated that he struggles with the possibility of there eventually being a choice made in the future to bring buses down the road. He stated that he understands that it is most likely a remote chance, but he likes to look at projects with a one -hundred -year litmus test so the City is looking long term. Mr. Lafontaine stated that is a fair point, but he has done more research on school bus routing than he ever thought he would. He stated that everyone that he has researched stated that school buses look to avoid cul de sacs regardless of size. He agrees with Councilmember Johnson that the possibility is very unlikely. Councilmember Callies asked if the change being discussed by Mr. Lafontaine would require once again going out for bids. City Engineer Budde stated that it would not and would be a pretty minor change in some of the geometry of the roadway so the change would be able to be made either through a change order with the contractor or just under run some of the quantities because lower quantities would be required. Councilmember Callies stated that regarding the point of looking one hundred years out, her opinion is that the road would need to be replaced by that point, so if it was necessary changes could be made then. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 5 of 9 City Engineer Budde stated that he has not had direct correspondence with the school district but he has been in the neighborhood and witnessed a school bus try to navigate their way out of this area. Councilmember Johnson stated that his concern lies more in a situation where there would be a child with a disability that would have to be let off in front of their house by the school bus. Mr. Lafontaine stated that the school bus that City Engineer Budde saw must have been an exception and noted that he has lived in this location for about a year and has not seen one school bus and reminded the Council that he had confirmed this through the school district's transportation department. He stated that their children are part of the school district and their bus is not routed down Glen Road. He stated that he would guess the bus City Engineer Budde saw was a driver who accidentally took a wrong turn. Councilmember Siakel asked if the City can reduce the size of the cul-de-sac to seventy feet and still accomplish the City's objectives. City Engineer Budde stated that it all comes down to whether this will follow the City's standard which is a ninety -foot diameter measurement. He stated that they have always designed them so school buses can use them if needed, but they do not coordinate with every school district on which cul de sacs they will use. He stated that it would still function at seventy-five feet and would guess that larger vehicles may just use one of the driveways in the cul de sac, to make a three- point turn, one of which would be the Lafontaine's driveway. Councilmember Siakel asked Mr. Lafontaine if he would be upset if a school bus happened to come down his road and turned around in his driveway. Mr. Lafontaine stated that he would not care if they turned around in his driveway because cars are already doing that today. He stated that there was a comment made by City Engineer Budde that he had not spoken with the school district and noted that he has an e-mail from the Department of Transportation at the school district that articulates the information that he has shared and would be happy to share that with the City. City Engineer Budde asked Mr. Lafontaine to share this information with him. Councilmember Callies asked for the current diameter of the cul de sac. Mr. Lafontaine stated that there is not a cul de sac. Mayor Labadie asked for details on what trees would be saved with the reduced measurement. City Engineer Budde explained that the significant trees in this location are white pine. He noted that if the diameter would be reduced to seventy-five feet, his recommendation would still be to center the cul-de-sac in the available right of way. He stated that he is not sure how many trees would be saved with the reduced diameter so he would still have to work out those details on site. Councilmember Johnson asked Public Works Director Brown for an example of other cul de sacs that do not meet the ninety -foot City requirement. Public Works Director Brown stated that there is one on Manor Road and Amlee Road. He noted that there may be others but he would have to do some research. Richard Eng, 25170 Glen Road, stated that City Engineer Budde touched on the dollar amount for the watermain and asked Finance Director Rigdon whether he can quantify what is meant by CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 6 of 9 "many" in the context of the comment made that "many are for it and many are against it". Finance Director Rigdon stated that he does not believe that is a financial related question. City Engineer Budde stated that he has met with a number of residents throughout the project and asked if they are interested in connecting to City water at this time, some point in the future, or if they are not interested. He stated that less than half of the individuals he has spoken with are interested in connecting to water as soon as this project is completed. He stated that for a definition of "many", he would say about twenty out of the fifty homes have shown interest in connecting to water as soon as they can, about twenty are against connecting to water, and the remainder did not have a strong preference. Mr. Eng stated that it sounds like it would be safe to say that the City does not really have a firm number and it appears as though this is just a guess or ballpark figure. He would like to know if there had been any analysis done by the City for the financial feasibility of the watermain. He stated that he thought it was City policy that if there were not sixty seven percent of individuals interested in the hook up, the City would not do it. He asked if there had been any analysis done to show how the over four hundred thousand dollars it will take to do the watermain work would be paid for. City Engineer Budde stated that it will be paid for out of the Water Fund which has adequate funds to pay for that portion of the project. He stated that as connections are made and residents pay the connection charge, that will put back into the Water Fund. Mr. Eng asked about current City policy and read aloud a portion of the information he had regarding when the City would complete the work. City Engineer Budde stated that he believes what Mr. Eng is referring to is if a project is going to be assessed to residents, then the City will need that type of majority votes from residents for the City to consider the projects. He noted that in this case, this project has been in the City's Capital Improvement Plan for several years and will not be assessed to the residents, so it can be left up to the Council's discretion. Mr. Eng stated that the League of Minnesota Cities handbook states that the water rates of the City should be high enough to pay for all costs, operations and maintenance. He stated that the City will be using three different funds to pay for this project and questions whether it is viable for the City to be addressing the issue of watermain because it sounds like there is not a quantitative number of how many people will really sign up. He stated that the City has been down this road in the past and knows that former Mayor Zerby had directed City Administrator Lerud to find out how many people have signed up and the best estimates is that when the City has come in and put in the watermains, between eight hundred to twelve hundred have not signed up. Mayor Labadie reminded Mr. Eng that the Council is only considering the matter at hand. Mr. Eng stated that the matter at hand is $481,000 and he questions how many residents on Glen, Amlee, and Manitou will sign up for water to pay for that cost. He asked if the City just had a hope and a prayer that they would put it in and people would sign up. Mayor Labadie stated that her understanding is that the City does not need to have an exact number in order to proceed and asked City Attorney Keane to comment. City Attorney Keane stated that this is not a specially assessed project and is being funded out of the Water Fund and the monies advanced will be recouped over time with the connection fees and water purchases. He stated that it is at the discretion of the City Council to make a decision regarding this investment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 7 of 9 City Administrator Lerud noted that the question about water is not strictly how many will sign up because there is also a value to having fire protection for this neighborhood and a value to having a source of water available should any of the private wells go bad. He stated that the State came around many years ago and required sanitary sewer in this area and there have been initial discussions at the State level about requiring the same for water. He stated that if that comes to pass within the next twenty years, the City would end up having to tear up a good road in order to accomplish the watermain hook up. He stated that those who do not connect do not pay for any part of the water charge. Mayor Labadie noted that she used to represent the City at the Excelsior Fire Board and knows that the fire chief agrees with this mentality and the wisdom of having the water and hydrants available. Councilmember Johnson stated that he agrees and feels this is an investment into that neighborhood and feels the potential life saving aspect alone would be worth proceeding with the watermain addition. Councilmember Callies stated that she agrees with installing the watermain in this location while the City is doing the road project. Councilmember Siakel stated that she agrees that this is an investment for future residents and is not something that will be redone in ten or twenty years. She stated that she thinks the cost is very reasonable for the installation of the watermain and thinks it would be foolish not to move forward. She stated that she is open to the idea of reducing the cul-de-sac size because it is a dead-end road, nor is it traveled all the time. She stated that she thinks the entire project that is being presented to the Council is reasonable. Councilmember Callies stated that she would also support a seventy -five-foot cul-de-sac rather than ninety foot and would like to have it centered within the right of way as proposed by City Engineer Budde. Councilmember Johnson stated that he would also support the cul-de-sac diameter being reduced to seventy-five feet. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 21-014, "A Resolution Accepting Bids and Awarding Contract for the Glen Road, Amlee Road, and Manitou Lane Reconstruction Project, City Project 18-08, to WM Mueller and Sons to include the base bid and the watermain alternate in the amount of $2,547,188.25." The Council discussed the size of the cul-de-sac and determined that a final decision on this could wait until the March 8, 2021 meeting. Councilmember Johnson stated that he had just received a communication from Communications Director Moore that there are two individuals who have been attempting to comment but have not been able to connect. Clint Bucher, 5490 Manitou Lane, stated that there are school buses that turn around at the intersection of Manitou Lane and Glen Road. He stated that Mr. Lafontaine's statement that they do not come onto Glen Road is misleading and erroneous. He stated that if the cul-de-sac is reduced then the school bus will never go down to the end of the road and explained that he would like to see it stay at the ninety -foot size. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 8 of 9 Mayor Labadie explained that the Council will make a decision on the size of the cul-de-sac at an upcoming Council meeting. She reminded the Council that the motion on the table did not include the size of the cul-de-sac. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. Agenda Item 8B was removed from the agenda. C. Accept Proposal for Monitoring Cultural Resources for the Glen/Amlee/Manitou Project Area, City Project 18-08 City Engineer Budde stated that there are cultural resources within this project boundary so there is special permitting that needs to happen with the State Historic Preservation Office. He stated that the City has gone through this process and the State Historic Preservation Office has indicated that this project may move forward with an approved monitoring plan with an archeologist on site during the land disturbing activities within a one -hundred -foot boundary of the resources. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-016, "A Resolution to Award Cultural Resources Monitoring for Glen Road, Amlee Road, and Manitou Lane Street and Utility Improvements, City Project 18-08." -IVA 58���Ml D. Accept Change Order I for the Woodside Road Reconstruction Project, City Project 19-04 Public Works Director Brown explained that as this project proceeded, residents identified additional drainage concerns at the end of the cul-de-sac. He noted that staff had gone back and redesigned the storm sewer and created a rain garden. He stated that residents are pleased with this change to the project. Callies moved, Johnson seconded, Adopting RESOLUTION NO. 21-017, "A Resolution Approving Change Order No. 1 for the Woodside Road and Woodside Lane Street Reclamation and Watermain Extension Project, City Project 19-04." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS A. Council Vacancy Discussion City Administrator Lerud explained that the solicitation period for residents to send a letter to the City expressing interest in serving on the vacant Council seat ended on February 1, 2021. The City received nine letters from interested parties and explained that the Council has great latitude in how they would like to proceed in this process. He asked that if the Council discussed the interested parties that they refer to them by number and not individual names. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2021 Page 9 of 9 Councilmember Callies suggested that if the plan is to interview the candidates that it be done at a time other than immediately prior to a regular Council meeting. She asked whether there could just be two members of the Council do the interviews and make a recommendation to the entire Council rather than having the entire Council interview all nine candidates. Councilmember Siakel stated that she agreed that conducting interviews on a unique date other than a regular Council meeting date is a good idea. She stated that she would like to ensure that there is time to interview each candidate without rushing. Mayor Labadie asked if all of the candidates met the cut off deadline. City Administrator Lerud stated that candidate #9's letter of interest was received about two hours after the deadline. The Council discussed the possibility of the Personnel Committee reviewing all the candidates and then making a recommendation to the full Council versus the full Council reviewing all the candidates at an open meeting. There was a consensus of the Council to have the Personnel Committee meet and interview all nine candidates, then make a recommendation for pool of finalists for the full Council to interview. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff City Clerk Thone stated that the April 21, 2021 Open Book meeting has been cancelled. She noted that they have posted contact information for the appraiser as well as the process for residents to contact him. She stated that they are working on the possibility of virtual meetings through the cities and will keep everyone updated. B. Mayor and City Council Commission Appointment Recommendations Mayor Labadie noted that the Council met and interviewed applicants for the openings on various commissions and have selected: Samantha Tauer, Parks Commission, Todd Eggenberger, Planning Commission, Matt Gallivan, Parks Commission, Nathanial Gorham, Planning Commission, Tom Lesser, LMCC Representative. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 8, 2021, at 8:49 P.M. Roll Call Mote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. >t ATTEST:A,. J nifer Ifabadie, Mayor San ie Thone, City d1le&