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05-08-17 CC Reg Mtg MinutesCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 8, 2017 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Zerby; Councilinembers Johnson and Labadie; Attorney Keane; City Administrator Lerud; City Clerk Thone; Outgoing Planning Director Nielsen; Newly Hired Planning Director Darling; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmembers Siakel and Sundberg. B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 310. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes of April 24, 2017 Labadie moved, Zerby seconded, Approving the City Council Work Session Minutes of April 24, 201.7, as presented. Motion passed 310. B. City Council Regular Meeting Minutes of April 24, 2017 Johnson moved, Labadie seconded, Approving the City Council Regular Meeting Minutes of April 24, 2017, as presented. Motion passed 310. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Johnson moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Approve Agreement between the South Lake Minnetonka Police Department and the City of Excelsior for Summer Dock and Park Patrol Services C. Adopting RESOLUTION NO. 17-038, "A Resolution Approving a 3.2 Percent 'Off- Sale' Malt Liquor License, for Shorewood 2001 L.L.C., dba Cub Foods; Approving an Off-Sale Intoxicating Liquor License, for TL Shorewood Inc., dba Team Liquor CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 2 of 13 Wine & Spirits; Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales for American Legion Post #259; Approving an Off -Sale Intoxicating Liquor License for Wine & Spirits by JD, Inc., dba MGM Wine and Spirits; and, Approving an Off -Sale Intoxicating Liquor License, for Park Square Subway, Inc., dba Shorewood Liquor." D. Adopting RESOLUTION NO. 17 -039, "A Resolution Approving 2017 Data Practices Policies." Motion passed 310. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Grading Permit for Minnetonka Country Club PUD Second Addition Brian Theis, Mattamy Homes, explained Mattamy is the current developer of the Minnetonka Country Club (MCC) project. Last year Mattamy had about two - thirds of the site graded and it serviced 73 lots with streets and utilities. This evening Mattamy is seeking approval for a grading permit to allow Mattamy to grade the rest of the site. The goal would then be to be back before Council in about one month for final plat of the second phase of the project. There will be a third phase that will be worked on in 2018. Mr. Theis then explained Mattamy has closed its home building operation in Minnesota. Mattanry will remain a land developer for any land it currently owns including the MCC site. Mattamy intends to see the development of the MCC site through and get it developed over the next couple of years. Mattamy has entered into a purchase agreement and closed on the first phase of lots with CalAtlantic Homes. CalAtlantie is one of the home builders for the MCC development. The other home builder is Gonyea Homes; it is a similar builder to Mattamy in many respects. Steve Ellefsen in house architect with CalAtlantic Homes, explained CalAtlantic has been in this market for 22 years. It was previously known as Ryland Homes. In October 2015 their national company Ryland Group merged Standard Pacific Corporation out of California to create CalAtlantic Homes. CalAtlantic has been one of the type five builders for most of those 22 years. It has a reputation for building quality homes. He stated CalAtlantic is very excited to have the opportunity to build in the MCC development. It had wanted to enter the higher end, luxury home market for a while. When Mattamy announced they were leaving the state, the MCC project was considered as an opportunity to launch its higher end, luxury product. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 . Page 3 of 13 He explained CalAtlantic designed a new line of luxury homes. It has five home plans that would range in size from 2,900 to 4,000 square feet of area. One style would be one -level rambler. The other four styles are two stories and each those styles have four distinct exterior elevations. There would be a lot of diversity with the project. Its anticipated target selling price is from around $740,000 to $850,000. There are opportunities to upgrade. CalAtlantie designed another new line for Villas because its line for age - targeted units would not fit on the MCC lots. They have four floor plans for that line. Each has three different elevations. The size of the units ranges from 1,850 to 2,300 square feet not including a finished basement. The target selling price is $475,000 to $550,000. Mr. Ellefsen noted that he looks forward to working with the City. Mayor Zerby asked Mr. Theis how many lots have been purchased by individual home buyers. There are only about 3 or 4 lots that have sold signs on them. Mr. Theis stated he thought they are lots that Gonyea had purchased from Mattamy that now have buyers for them. By the time Mattamy finished lots and had them ready for permitting and construction was about the time Mattamy decided to pull out of Minnesota. Mattamy never started selling individual lots. All of the lots (54) Mattamy developed in the first phase with the exception of its model home were sold to CalAtlantic. The model home has been converted to a regular home and it is currently for sale. Of the 54 lots 20 are age - targeted and 34 are 90- foot -wide lots. Mr. Ellefsen stated CalAtlantie anticipates applying for permit for a model home in week or two. He thought it would be built across the street from the Mattamy model. He anticipates starting sales later this summer. The plan is to have the model done by the Fall Parade of Homes. Mayor Zerby asked Engineer Hornby if he has a punch list of what is left for Mattamy to address for the first phase. Hornby responded not yet. He stated the next phase will include sidewalks and trails. Before the wear course is put down a punch list will be created. The City is still holding the financial security for phase 1. Zerby stated there is a large retaining pond, for lack of a better word, that appears to have some type of aeriation system in it. Hornby clarified that is a filtration basin. Zerby stated it is empty and has a "cave" forming under one of the culverts. Hornby explained the grading contractor has to come back to complete that. He thought that would be done when the grading is done for the second phase. That contractor is different than the contractor who installed the drain the system and the bottom filter in the pond. Mr. Theis stated Mattamy's intent had been to finish that infiltration area in February but spring came early and road weight restrictions went into effect. Mayor Zerby noted he has serious concerns about moving on to Phase 2 when there is so much left to complete for Phase 1. He has not seen any progress on the amenities, with trails being the largest, that are to be part of the planned unit development (PUD). Mr. Theis stated grading for sidewalks was started on May 5. The contractor's intent is to get back in on May 10 and continue grading for sidewalks and trails in Phase 1. The schedule is very weather dependent. Last summer it was a struggle to get streets and utilities in because it was very wet. That caused them to get behind. It is Mattamy's intent to get the sidewalk and trails done as fast as it can. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 4 of 13 Mayor Zerby stated there was give and take about having smaller lots and higher densities in the area as well as open space when the project was approved. That part of the contract for Phase 1 has not been fulfilled. He noted he was nervous about the change in ownership. Mr. Theis stated Mattamy continues to hold the Developer's Agreement. It is committed to fulfilling its obligations as the developer for the commitments it made. Councilmember Labadie stated she wished there would have been more progress to date. Residents ask her what is going on with the development which is just barren land at this point. She noted that Council and the City want to be kept in the loop as much as possible and thanked Mr. Theis and Mr.,Ellefsen for coming. She stated it does make her nervous moving on to Phase 2 when the land development of Phase 1 has not been completed. Mayor Zerby stated from his perspective with zero lots sold there does not seem to be any urgency to start Phase 2. He thought it prudent to try and get some of the remaining Phase 1 work done. Mr. Theis explained Mattamy has an obligation to CalAtlantic to deliver the next phase within in a certain timeframe. He thought CalAtlantic hopes to build two houses a month after its model is done. He noted that Mattamy is not going to move on to Phase 2 and ignore what still needs to be done for Phase 1. Mattamy is actively working on those items. The construction of the trails and sidewalks is in progress. Mattamy worked as long as it could last fall and started up as soon as the weather permitted this spring. Mattamy anticipates starting grading for Phase 2 in June. Councilmember Labadie stated for the two houses a month CalAtlantic plans on building she asked if those will be built on Phase I land. Mr. Ellefsen stated they will build on whichever lots open up first. Mr. Theis stated 73 Phase I lots are ready to build on; 18 of them are Gonyea's lots. Mark Sonstegard Vice President of Land Development with CalAtlantic, explained there are single - family lots and Villa lots ready to build on. CalAtlantic anticipates building two of each product a month. It is currently working on completing the plans for the model. Once construction of the model starts it will likely start a couple of spec houses. CalAtlantic has a lot of interest in the MCC neighborhood. There have been a lot on inquiries. A sales person will probably be assigned to the community in June. The plan is to then focus on pre- sales. He confirmed that the goal is to have the model done by the Fall Parade of Homes. They will be selling into the community before that. CalAtlantic's contract with Mattamy is for CalAtlantic to purchase Phase 2 lots early in 2018. He noted that August 2016 was a complete rainout. He stated it is better to get development going in the spring to try and ensure the lots are ready by fall. Councilmember Labadie asked Mr. Theis if the council approves the grading permit for Phase 2 how long it would take to complete the grading phase; both best case and worst case. Mr. Theis stated if the weather cooperates 3 months and if it does not 4 — 5 months. Their intent would be to get a grading contractor started to open up a portion of the site and have a street and utility contractor follow behind them. Mattamy would like to come before Council in June for approval of its final plat and utility plan for the Phase 2 site so it can start working on streets and utilities yet this year. Labadie asked how long the street and utility work will take. Mr. Theis stated if that work could start the beginning of July the roads, curb and gutter, water service and sewer service would be done by November. Small utilities would follow that. Labadie asked Director Brown when it becomes too cold to construct curb and gutter and continue with street projects. Brown explained the City tries to avoid starting roadway projects in the fall. If there is one rain day there is no time for soil to dry out. That makes for a poor foundation later on. They will pass but it would not necessarily be the best. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 5 of 13 Director Brown noted the City takes over the ownership of roadways after they are constructed to the standard accepted. Director Nielsen stated staff views the accelerated work schedule as positive for the City. I-Ie explained that when the City approved the project last year it was anticipated the second phase would not occur until 2018. One of the advantages of starting Phase 2 this year is the turf and landscaping for the common area will get established; it will have that much more growing time. It could take 3 years before it is well established. The City will also receive the park dedication fees and sewer fees for Phase 2 sooner. Mayor Zerby stated he does not view the acceleration as an advantage. Id:e views this as an opportunity to make sure things are being done properly. There is no punch list for the items that still need to be addressed for Phase 1. Director Nielsen explained the City has a development agreement and a very substantial letter of credit from Mattamy. He noted there would be a separate letter of credit for Phase 2 for any type of site restoration that would need to be done. Mayor Zerby stated he was not sure the City has enough letter of credit to cover everything that has to be done. He noted he would like to continue consideration of the Phase 2 Early Grading Agreement to Council's first meeting in June. Mayor Zerby stated there has been months when there was no information provided about what was going on with the project and months without contractors doing any work. Now it is a rush to get things done. Councilmember Johnson asked how many other land development projects Mattamy has to complete in Minnesota. Mr. Theis stated about seven in total. Johnson asked what the timeframe is to complete them. Mr. Theis stated that varies; some are closing out. Johnson stated with regard to the MCC project he asked what part of the PUD open space and trails is in Phase 2. Mr. Theis stated the outlots for the open space for the project were platted and deeded to the City as part of Phase 1. Johnson asked what physical percentage is in Phase 2. Mr. Theis explained there is a trail that gets constructed between Phase I and Phase 2 through some open space and then out to Smithtown Road further west. The trail could be built now but it would go to nowhere because the street is not there. The street is only sub cut in. Before the street can be constructed the site needs to be graded. The trail would be constructed late fall or next spring and connect to a paved street and a City sidewalk. In response to a comment from Mayor Zerby, Mr. Theis stated the construction of the trail long Country Chub Road is going to be started this week. Mayor Zerby stated he was not ready to approve the Agreement and reiterated his preference to delay that action for a month. He noted that only three of the five members of Council are present. He stated he would like to review what has been done on the site over two weeks during Council's next meeting on May 22. Mr. Theis noted continuing this will further delay the project. He clarified there has not been any construction of homes yet. But, Mattamy developed all of the streets and put in the utilities for Phase 1 last year. That was a very hard and wet construction season. There were weeks when they could only work one day and workers struggled through that one day. Had the weather been more conducive to construction work he thought Mattamy would have gotten sidewalks done and more of the trail graded. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 6 of 13 He noted the trail is only partly graded with Phase 1. In order to make a complete trail system the site need to be developed. Mayor Zerby stated based on what he sees on the site there has not been any trail grading. He does not know if the Minnehaha Creek Watershed District has signed off on what it needs to. He thought the last work that was done was on the monument sign near Smithtown Road. He commented there are other home construction projects in the City that have been going on for the last 2 to 3 months. He then commented that he is anxious to find out what gets done over the next two weeks. Mr. Theis noted Mattamy is actively working on the site now. Councilmember Johnson stated that early on in discussions about this project there was a lot of discussion about the Homeowners Association (HOA). He asked how the HOA would be transferred over to CalAtlantic and what CalAtlantic's disclosure process is. Mr. Theis stated Mattamy will control the HOA throughout the land development process until it is turned over to the MCC residents. Mr. Sonstegard stated CalAtlantic's agreement with Mattamy is Mattamy would stay as the HOA declarant and thereby remain as the manager of the HOA until the HOA is turned over to the MCC residents. The disclosure to CalAtlantic buyers would be the same set of documents that Mattamy would have given to its buyers. Gonyea is going to use the same set of HOA documents that Mattamy provided. There will be two HOAs; one for the Villas and one for the rest of the site. Johnson then inquired of Attorney Keane if Mattamy is no longer functioning as a declarant what happens to the requirements under the development agreement. Keane explained there are contractual enforcement provisions in the development agreement that are equitable, legal and financial. He suspects that buyers of CalAtlantic and Gonyea lots would probably be more interested in the completion of the land development portion of the project than the City because the real estate they are buying is not productive until there is a home on it. Zerby moved, continuing the consideration of the request from Mattamy Minneapolis LLC for a Minnetonka Country Club Phase 2 Early Grading Agreement to the May 22, 2017, City Council meeting. Councilmember Johnson stated he was inclined to support continuing this item to give the other two members of Council an opportunity to comment on this. But, he has some concern that if work on some of the items in Phase 2 of PUD is not started soon that may result in a significant delay in the project. He noted he was also nervous about this project. Johnson seconded. Councilmember Labadie stated it would be valuable to hear what the other members of Council have to say. She then stated she thought it was prudent to move forward with the project. Mayor Zerby noted he thought a.two week pause would ultimately be of value. Motion passed 2/1 with Labadie dissenting. Councilmember Labadie asked Mr. Theis, Mr. Ellefsen and Mr. Sonstegard to come to the May 22 Council meeting when this will be discussed again. If they cannot come she suggested they send a representative. She thought what they had to offer was good and that there would be value in them being there to answer questions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 7 of 13 B. Approve Setback Variance Applicant: Cort and Susan Queen Location: 27180 West 62 "`' Street Director Nielsen noted that Cort and Susan Queen, 27180 West 62nd Street, asked that their request for a setback variance be tabled to the July 10 Council meeting. Councilmember Labadie asked why they made that request. She noted that she had met with Mr. Queen and that they had communicated via email. He seemed very eager to move forward with their project. Director Nielsen explained their request had originally been scheduled for this meeting because they had a previous engagement for May 22. The Queens had a preference to have their request heard before the entire Council. He does not know why they are skipping the June Council meetings. The City has received a letter from the property owners waiving their right to have a decision until the end of July. 9. ENGINEERING /PUBLIC WORKS A. Accept Quotes and Award Contract — Freeman Park South Parking Lot Paving Engineer Hornby explained last year the City received a petition from residents living in the Shorewood Ponds townhouses requesting the south parking lot in Freeman Park which is adjacent to the development be paved. Their concern was a lot of dust is stirred up when that the gravel parking lot is being used. Quotes to pave the lot were requested from six local contractors. The City received four quotes. The lowest quote was received from Win Mueller & Sons, Inc., for an amount of $63,854.00. The Engineer's estimate was $71,150.00. The City has $60,000 budgeted for this project. Hornby noted the meeting packet contains a copy of a resolution that if adopted would accept the quotes and award the contract. Councilmember Labadie asked where the funding above the budgeted amount would come from. Administrator Lerud stated it would come out of the excess General Fund balance. Councilmember Johnson asked which were there fast; the townhouses or the baseball field and parking lot. Director Nielsen stated the fields and lot were there first. Johnson stated when buyers purchased their townhouse they were aware there was a gravel parking lot nearby. Councilmember Labadie stated when this came before Council last year a lot of residents came before Council and even more signed the petition. The parking lot is very dusty. It and the fields are highly used by the Minnetonka Baseball Association. She thought it may be worthwhile to continue this to the next Council meeting when a frill Council of five would be present. Mayor Zerby explained the homeowners through the developer paid park dedication fees at the beginning of the Shorewood Ponds project. The residents there are not typical users of the Park. They don't play ball or hockey. He suggested those fees pay for paving the lot. He noted he made the same point last year when this was discussed. Councilmember Johnson asked what the impact would be of continuing this for two weeks. Engineer Hornby stated he did not think it would affect the schedule. He explained that once the contract is awarded a schedule would be set up. The project would take the contractor 2 to 4 weeks to complete CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 8 of 13 depending on the weather. The project would involve doing some minor grading, supplementing the aggregate base, paving and doing some restoration around the perimeter. Councilmember Labadie stated when this project gets done she asked how long the lot would be out of commission. Engineer Hornby stated it would only be out of commission while the grading work was being done. People could still use the lot during the evening after it has been graded. The lot would probably be closed off for a couple of days to pave it. Councilmember Johnson asked if that could be coordinated with Minnetonka Baseball on the scheduling. Director Brown explained there are some contract provisions. He assumed the quotes are good for 30 to 60 days. Once Council has taken action on this then it is tip to the contractor to provide a schedule because that is what the City contracted for. Councilmember Labadie asked when the City received the quotes. Engineer Hornby responded on May 3. Engineer Hornby noted that he will get a copy of the baseball schedule from Park and Rec Coordinator Grout. Labadie moved, Johnson seconded, continuing this item to the May 22, 2017, Council meeting. Motion passed 310. B. Xcel Energy Agreement — Burial of Overhead Power on Chaska Road Engineer Hornby explained when the Oppidan senior housing project was approved along with the Tax Increment Finance (TIF) District one of the on -site improvements was to bury the existing overhead power line. Staff has been working with Xcel Energy to provide a quote, schedule and agreement for doing that work. Xcel did provide a template of what the simple agreement would look like. What Xcel needs to provide is a statement of the scope of work. Xcel's estimate to complete the burial is $117,238.52. The TIT District did provide a $150,000 budget to bury the Line. He thought it was critical to get Xcel going for the sake of the project. Staff wants Xcel to bury the line after the curb goes in. That would provide the best schedule to get the street completed and for the developer to hook up to power. The agreement will be reviewed by staff and Attorney Keane. Xcel had indicated he would have the agreement before this meeting but that did not happen. In response to a comment from Mayor Zerby, Engineer Hornby clarified if a power line is going to be buried as part of a project if the line is outside of the project area the developer does not pay for that. He explained burying the power lines would provide more room for landscaping. Johnson moved, Labadie seconded, Adopting RESOLUTION NO 17 -040, "A Resolution Approving Xcel Energy Agreement for Burial of Overhead Power Utility (Oppidan TIF Improvements), City Project 16 -05." Motion passed 310. 10. GENERAL/NEW BUSINESS 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Michael Smerdon — Report from Open Book Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 9 of 13 Administrator Lerud noted the meeting pack contains a short memorandum from Michael Smerdon, the Appraiser for the City, regarding the Open Book meeting for informational purposes. Other Director Brown noted the East Water Tower has been power washed. He then noted that the skate park equipment has been removed from the Park. Mayor Zerby stated one of the ramps had been on the grass. Brown stated the area will be restored. Brown stated he had sent out a notice about watermain repairs that will be done on May 9. The notice was distributed through a number of outlets. Mayor Zerby asked if this was a bolt problem. Brown stated the one on Valleywood was. Brown explained there are hot or acidic soils in some parts of Shorewood. Some of the hardware is destroyed by the soil. Residents ground their appliances to the watermain. That contributes to the corrosion problem of critical hardware. When an attempt was made to shut down a valve to help determine where the leak was originating from the top of the valve burst. That is a common problem. Over the last few years cathodic protection has been installed where those opportunities exist to help protect against corrosion. Brown explained that during the April 24 Council meeting Council approved the purchase of driver feedback signs to put up on Chaska Road. Two days later he was contacted by the Hennepin County Traffic Engineer and learned the County was going to order one sign for one of the directions. The County had not done a speed study so he provided the County with the information the South Lake Minnetonka Police Department (SLMPD) had gathered and data about quotes for the signs. The County later asked if Shorewood would be interested in participating in the County's project. Doing that would save the City about $2,000; the City would purchase one of the two signs and the County would purchase the other one. The signs would be a little higher quality than what the City had intended to purchase. His agreement in concept with the County is that Shorewood would be willing to participate provided the County would be willing to place its sign where the residents suggested. The County intends to put out road tubes and do its own study. The County's goal is to have the signs up and operating by Memorial Day. Unless the Council says otherwise he intends on continuing to work with the County to move this forward. Councilmember Labadie stated she supports doing that. She asked who owns the signs in the event they need to be repaired. Director Brown stated those details need to be worked out. Mayor Zerby stated someone from the County spoke at a Rotary Club meeting on May 2. That individual touted that as one of the County's achievements in the area. He noted that individual made nice comments about Director Brown. Councilmember Johnson asked how many other signs the County is going to put up in the area. Director Brown stated he has received another request for County Road 19 for the area through Excelsior, Shorewood and Tonka Bay. Mayor Zerby clarified the area that goes past the SLMPD. Director Brown explained a portion of Smithtown Road is scheduled to be seal coated) because of the seam) as part of the 2017 Crack Fill and Seal Coat Project recently approved by Council. Over the last two weeks the City has received feedback from a number of residents asking the City not to do Smithtown Road this year. Drivers were negatively impacted by construction delays and dust in 2016. The roadway will not deteriorate because of the seam. He thought the request was reasonable. He stated he and Engineer Hornby will look at shifting roadways around in the seal coat schedule. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 10 of 13 Engineer Hornby explained staff is going to review what roads are scheduled for a seal coat in 2018 to see if some 2018 roadway(s) could be switched with Smithtown Road for 2017 and still remain within the 2017 budget for 2017. He will also ask the contractor if they would be okay with doing that. Staff has been working on the pavement marking plan. The pavement markings on many of the streets that are not going to be seal coated have been refreshed. Staff is exercising caution not to refresh pavement markings before pothole patching is done. The seal coat bid includes the markings for those roadways scheduled to be seal coated. Mayor Zerby stated he had spoken with Engineer Hornby and that based on what he has observed some of the critical pavement markings wear off rather quickly. For example, on the Country Chub Road / Yellowstone Trail / Lake Linden Drive corridor the stop bars by the stop signs are more than one -half gone. Those stop bars were painted late fall 2016. He recommended repainting the pedestrian crossing and stop bar markings earlier in the year. Engineer Hornby stated the repainting will be phased between two projects. Engineer Hornby stated this spring the Engineering and Public Works have received a lot of drainage complaints. Both groups are seeing water where they have not seen it before. Water is staying around longer which is an indication that ground water is higher than it has been in the past and that the ground is fairly saturated. He has received a lot of complaints about fallen trees. That is on private properties. Some of the calls the City can address; others it cannot. Some are property to property issues. Mayor Zerby stated he received an email from a resident earlier regarding the Oppidan project, noting he had forwarded it to Engineer Hornby and the Chief of Police. The resident complained that it was very dusty in that area and he found it challenging to get his n4ail safely. He asked Hornby to give Council an update on that project and about what is going on with tightening up the corners at that intersection. Engineer Hornby explained the current schedule for the contract includes moving two Xcel Energy utility poles. That is supposed to happen this week. The contractor has taken some time off while waiting for that to be done. The contractor wants to install the storm sewer; there are at least two poles that fall in the middle of the pipe. The contractor will come back once the poles are moved. He then explained there was a lot of public discussion about the potential closure of Chaska Road except to local traffic. There were a lot of people opposed to doing that. In fact he is not aware of anyone who wants it closed. Council and staff Have discussed testing a closure on a temporary basis to determine where the traffic would go. Essentially the road is closed now except for local traffic because of construction. If Council would like to find out what would happen to traffic when the road is reopened he could ask the Minnesota Department of Transportation (MnDOT) to leave that current closure up temporarily. Mayor Zerby stated it was his recollection the residents were concerned about the volume of traffic. Engineer Hornby explained when the discussions about possibly closing it or adding a cul -de -sac on Chaska Road started residents decided that is not what they wanted. Residents were concerned about the cut -thru traffic. Because Galpin Lake Road does not have east and west access a lot of drivers come down Chaska Road on to Mayflower Road and then to Galpin Lake Road. At one point there were five access points closed along the corridor; Galpin Lake Road was one. That resulted in more drivers taking Chaska Road. The City could do a destination study to find out where drivers are going. Councilmember Labadie stated she thought a big factor in the cut -thru traffic is the start and end times of Middle School West. Highway 41 is dangerous so drivers do take cut -thru routes to get to Chaska to avoid taking Highway 41. If traffic is going to be studied it should be done at those times of the day. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 11 of 1.3 Councilmember Johnson asked Engineer Hornby to give an update on the standing water issue on both side of the Lake Minnetonka LRT Regional Trail. Engineer Hornby explained he had spoken with a representative from the Hennepin County Regional Rail Authority (HCRRA) and explained there are drainage issues that could be addressed along the corridor especially between Cathcart Drive and Eureka Road. That stretch could be regraded and ditching reestablished to make it drain better. The City's system does depend on that corridor in close proximity for drainage. Last fall he went to Freeman Park to look at another drainage issue; there was standing water all over in the rail corridor and in the Park. The foot path from the corridor to the Park along Strawberry Lane was almost not usable. To make improvements may require removing trees and establishing ditches. Councilmember Johnson asked if the arborist could make an assessment. Engineer Hornby stated he is trying to find out how much maintenance the HCRRA has done. Maybe the HCRRA should take the lead on that. Director Brown explained the HCRRA has a number of times brought Tree Trust in to trim. Tree Trust would bring a chipper down the trail and blow the chips into the ditches filling the ditches in. Staff has contacted the HCRRA a member of times and told HCRRA it was not supposed to fill the ditches in because that impacts the City's drainage ways. HCRRA has not been receptive to that feedback. HCRRA is very sensitive to the removal of trees. It has put cease and desist orders on a number of residents who have attempted to remove trees that from the City's perspective should not have been removed. HCRRA has a standing order that vegetation will not be removed unless it is impeding the use of the gravel surface. He thought the drainage ways need to remain clear even if that necessitates the removal of trees. Director Nielsen noted that he forgot to have an update on the May 2, 2017, Planning Commission meeting placed on the agenda. Planning Commissioner Sylvester reported on matters considered and actions taken during the May 2, 2017, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Zerby noted that this is the last Council meeting Director Nielsen will attend as a City employee. He is retiring after 34 years with the City. He stated a lot of changes have occurred in the City during that time. Director Nielsen stated he had a great ride. He expressed his appreciation for having had the opportunity to work with good people. He thought the people that volunteer to serve on the Planning Commission, Park Commission and City Council are the ones who do the hard work. Mayor Zerby stated he thought Director Nielsen had the opportunity to work with a lot of good councils noting that a lot of the people who served on Councils had previously served on the Planning Commission. Nielsen had served as a good mentor to those individuals. He expressed his appreciation for that and for all of Nielsen's years of service to the City. Zerby presented Director Nielsen with a crystal clock in appreciation of his 34 years of service with the City. Zerby noted there is a going away party for Director Nielsen planned for May 22. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 12 of 13 Administrator Lerud explained that at the dais this evening Councilmembers found a draft copy of a letter he has written to Tonka Bay Mayor Gerry De La Vega in response to resident inquiries the City received after the last Tonka Bay Council meeting regarding the proposal to close the access on Birch Bluff Road / Pleasant Avenue. During that meeting a citizen group made a presentation to that Council. Based on some of the comments made during the meeting he thought it prudent for the city to send a response. The topic is on the Tonka Bay Council meeting agenda on May 9. The Tonka Bay Mayor will provide an update. Be thought it important for Shorewood to be on the record with a letter from him. The letter had been reviewed by staff and attorney Keane. Councilmember Labadie noted she car pools with several families who live in Tonka Bay along Pleasant Avenue and they were not aware of what is going on. She asked if the Tonka Bay residents who live along Birch Bluff Road and Pleasant Avenue had been notified that this is on the May 9 agenda. Administrator Lerud stated the Tonka Bay Council meeting agenda for May 9 is on Tonka Bay's website. He noted that he has referred the Shorewood residents who had called him to the Tonka Bay website. Mayor Zerby asked what type of notification process there is for something like this. Administrator Lerud clarified the Tonka Bay Council has not made a decision on this yet. It has only heard a presentation from a resident group. Councilmember Johnson stated on the Tonka Bay website he found that there has been some discussion about this topic since 2414. He is surprised more people do not know about it. Johnson asked Attorney Keane what the legality is of Tonka Bay closing a road that is a thoroughfare for another city. Keane stated he has not researched all of the legal consequences. He explained the connection of two state aid roads on either end would presumably require an amendment to a comprehensive plan and that would trigger a notice to the adjoining community. The amendment would have to be submitted to the Metropolitan Council. He anticipates there would be a public process staff and Council would have to follow if that Council decides to make a decision. Mayor Zerby noted he appreciates that Administrator Lerud wrote the letter. He stated he has many concerns about what the Tonka Bay Council is discussing. He has great concern about what a road closure would mean to emergency responders. He thanked staff for staying on top of this. Councilmember Johnson stated he thought there would be an impact on a. property owner's home /land value if the closure is approved. Attorney Keane stated he thought that is foreseeable. B. Mayor and City Council Mayor Zerby stated he had heard from a resident that there is still some trouble on Timber Lane about a secondary driveway issue. Some Class 5 gravel has been put down to harden that surface. Residents would like an answer. 12. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of May 8, 2017, at 8:28 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 7, 2017 Page 13 of 13 ATTEST: Sandie Tho'ne',6' Clerk ty