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08-28-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 28, 2017 MINUTES CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:10 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg (arrived at 7:10 P.M.); Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; City Engineer Hornby; and City Engineer Fauske Absent: None. B. Review Agenda Councilmember Johnson requested Item 9.A be moved to 5.13 to follow Item 5.A. Johnson moved, Labadie seconded, approving the agenda as amended. Motion passed 4/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 14, 2017 B. City Council Regular Meeting Minutes of August 14, 2017 C. Approval of the Verified Claims List D. Adopting RESOLUTION NO. 17 -069, "A Resolution Approving the Proposed 2018 Lake Minnetonka Communications Commission Budget." E. Adopting RESOLUTION NO. 17 -070, "A Resolution Approving State of Minnesota Joint Powers Agreements with the City of Shorewood on Behalf of its Prosecuting Attorney." F. Approving ORDINANCE NO. 545, "An Ordinance Enacting and Adopting the 2017 S -12 Supplement to the Code of Ordinances for the City of Shorewood, Minnesota" and approving publication of Ordinance No. 545 by title and summary. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 2 of 19 G. Adopting RESOLUTION NO. 17 -071, "A Resolution Electing to Not Waive the Statutory Tort Limits for Liability Insurance." H. Regular Appointment of Lead Supervisor for the Public Works Department L Adopting RESOLUTION NO. 17 -072, "A Resolution Accepting Improvements and Authorizing Final Payment for the Freeman Park South Parking Lot Improvement Project, City Project 17 -12." Motion passed 4/0. 3. MA'T'TERS FROM THE FLOOR DeAnna. Onken 5925 Grant Street, stated she lives at the corner of Grant Street and Park Street. She explained that the work that was done on her street as part of the 2016 Watermain Extension project started in the fall of 2016 and continued into this summer. The installation of curbing on her street changed the direction of flow of the stormwater runoff significantly. A week ago Wednesday her yard was flooded from the rain and subsequently flooded her basement. Director Brown came to her home that evening to help them pump the water out. She has lived at that location for 11 years and never had stormwater drainage issues prior to that work being done. The new curbing inhibits stormwater from flowing into the main drains located at the corners. She noted she was present to go on record about the problem. She stated there was another hard rain on the evening of August 25. Her husband attempted to redirect the flow of the runoff by using barriers that had been put out by the City for other purposes. She expressed hope that the City could quickly address the issue by redirecting the flow of runoff. Mayor Zerby noted that he had spoken with Ms. Onken's husband earlier in the day and he shared the same concerns. He asked staff to comment on this issue. Director Brown stated that when events occur that damage a property one of the first calls made is to the League of Minnesota Cities Insurance Trust (LMCIT). The LMCIT has set up a claim. A representative for the LMCIT met with Ms. Onken the day after the event. The representative stated it would take a couple of weeks to conduct its investigation. Once the investigation is complete the LMCIT can make its determination. He noted staff is trying to determine how the issue can be addressed. George Greenfield, 24715 Yellowstone Trail, stated he appreciates that Administrator Lerud answers questions from residents quickly, thoroughly and courteously. He thanked Public Works personnel for removing a fallen tree from Yellowstone Trail early on a Saturday morning after a storm. That allowed power to be restored to residential properties. Mr. Greenfield stated Oppidan Investment Company is the primary corporate sponsor of the 2017 football game at Target Field between the University of St. Thomas and Saint John's University. Oppidan asked the City to subsidize its Shorewood Landing Senior Living project. He thought the sponsorship indicates Oppidan's shameless. From his perspective the Shorewood residents are not only subsidizing the project they are also subsidizing two religious institutions and he considers that a constitutional problem. He then stated the Excelsior City Manager had told him that the below market rate units in The Waters Senior Living project in Excelsior would only be in effect for 10 years. He does not recollect that coming up in discussions with the Shorewood Council. During discussions between Excelsior and Shorewood representatives about the way The Waters project should be financed, the Excelsior City Manager conveyed that Excelsior's recommended approach to financing was the best way to ensure that the owner CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 3 of 19 of the facility would keep those units below market rate for ten years. He thought that should have been part of the Shorewood Council's public discussion. He went on to state he and the people in his neighborhood over look the Minnetonka Country Club (MCC) development project. They question why Council approved the second part of the project when after three years there is only one house completed. One of his neighbors contrasted the MCC project with the project at the end of Strawberry Lane which after two years is completely built up and it almost looks like it is an established neighborhood. Because the MCC developer has disturbed the soil every time it rains the new walkways become covered with eroded soil. The eroded soils also threaten the very poorly designed Minnehaha Creek Watershed District (MCWD) project. The collecting ponds have no liners in them so all of the eroded soil will eventually plug up the exit out to Lake Minnewashta. That was a big problem this past spring. There was standing water in his neighborhood for more than four months. He asked that in the future Council not to cede the City's authority to the MCWD. Mr. Greenfield thanked Council for the opportunity to speak. Mayor Zerby stated the tax increment financing (TIF) was used for site improvements (e.g.; watermain extension, stormwater management improvements). It did not go directly to Oppidan. He then stated he shares Mr. Greenfield's concerns about the slow start of The Waters project while noting there has been some recent progress. He went on to state Council did have discussions about the 10 -year requirement for some below market rate units for The Waters facility and that the TIF would provide some leverage to ensure that happened. He thanked Mr. Greenfield for his comments. PUBLIC HEARING There were no public hearings scheduled. 5. REPORTS AND PRESENTATIONS A. Excelsior Fire District Chief Scott Gerber Excelsior Fire District (EFD) Chief Gerber explained the 2018 EFD budget process started in December 2016. During its July 26, 2017, meeting the EFD Board recommended a budget for each of the five member cities to approve. The total member cities' contribution will increase 4 percent for 2018 when compared to the 2017 contribution. Based on the formula in the Joint Powers agreement (JPA) the increase can vary by city. Shorewood's increase for 2018 is about 3.5 percent. Chief Gerber highlighted primary budget impacts for 2018. ➢ The biggest area of concern for the Department is its paid on call (POC) staff. During his tenure the POC firefighters' highest count totaled 48. Currently there are 42 POC firefighters and in the relatively near future that number is expected to drop into the 30s. The difficulty in attracting POC firefighters is a nationwide problem. ➢ Additional hours were added to the Duty Crew program for 2018. ➢ The Worker's Compensation line item was increased to reflect the League of Minnesota Cities (LMC) cost increases. The EFD's experience modification factor is extremely low (0.76). The work comp rates for fire departments are based on population and the factors. ➢ The Professional Services Audit line item was increased to cover actual costs. ➢ Some of the 2017 line item cuts were restored to their 2016 budgeted amounts. Examples are turnout gear, computers, and certain training components, ➢ The EFD will continue to be tax exempt in 2018. That went into effect January 1, 2017. Staff needs at least one full year to more accurately determine the impact on various line items. CITY OF SHOR,EWOO�D REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 4 of 19 ➢ A Building Improvement Fund was established. The plan is to set aside $24,000 annually to help fund building improvement projects. ➢ The 2018 CIP does not reflect any change in the transfer into the Capital Equipment Fund; it remained at $170,000. There are no major purchases scheduled for 2018. The new ladder truck is scheduled to arrive in March 2018. Chief Gerber offered to entertain questions. Councilmember Labadie thanked Chief Gerber and the volunteer and paid staff for their presence at the Night to Unite events. The children like them being there. Chief Gerber stated there were 38 events scheduled for that night in the EFD community. EFD personnel were able to have a presence at most of them. Recruitment was a big push at all of those events. Cou ncilmember Siakel expressed her appreciation for the amazing job Chief Gerber and the Fire Department do in the community. B. Approve 2018 Excelsior Fire District Budget Sundberg moved, Labadie seconded, approving the final recommended: Excelsior Fire District 2018 Operating Budget dated July 27, 201.7; Excelsior Fire District 2018 -- 2038 Capital Improvement Program dated July 2017; and, Excelsior Fire District 2018 — 2038 Building Projects Improvement Program dated July 2017 as presented. Motion passed 5/0. Chief Gerber noted that all five member cities have approved the capital and operating budgets. 6. PARKS A. Accept Donation of Memorial Park Bench Director Darling stated the City recently received a donation of $1,000 from Brady Wasem, on behalf of the Linda Brandt Trust, for a park bench in Freeman Park. The donor would like the bench to be located near the south playground. They would like a small plaque saying "Together in Spirit" placed on the bench. Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 17 -073 "A Resolution Accepting a Donation for Installation of a Memorial Bench for Freeman Park." Motion passed 5/0. B. Accept Bids and Award Construction Contract Badger Park Phase 2 Improvements, City Project 17 -09 Engineer Hornby explained the bids for the Badger Park Phase 2 Improvement Project were opened on August 17, 2017. The City received seven bids. The bids ranged from $623,778 to $917,763.50. The meeting packet included a copy of the bid tabulation summary. The lowest responsive bid was received from Valley Paving, Inc. The breakdown of the $623,776 bid was: $584,814 for the base bid (surface, drainage and utilities); $20,478 for Alternate No. 1 (storm pond cleaning): and, $18,486 for Alternate No. 2 (mill and overlay the remaining parking lot that had not originally been included in the improvements). In March 2017 Council did increase the Capital Improvement Program (CIP) budget for the improvements from $400,000 to $600000 through the use of General Fund reserves. The base bid also includes the demolition of the warming house and shed by the Southshore Center. The funding for the Project will come from the Park Fund (582,448), the Utility Fund mainly for the watermain ($2,366), the Stormwater Fund ($20,478) and Street /Reserves Funds for the additional parking lot paving ($18,486). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 5 of 19 Hornby noted staff recommends Council adopt the resolution accepting bids and awarding the contract including Alternate No. I and Alternate No. 2 to Valley Paving. He also noted the City has worked with Valley Paving in the past, most recently on the Star Lane and Star Circle project. Mayor Zerby stated he had previously noted he wanted to have some type of connection between the Southshore Center and Badger Park using the same material as under the canopy which is concrete. He asked if that was included. Engineer Hornby stated it was included in the base bid and noted Council can always take that out. Zerby then stated the Engineer's Estimate is approximately $70,000 less than the grand total bid amount. He asked Hornby to comment on that. Hornby stated most of that is in the paving and excavation work. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17 -074, "A Resolution Accepting Bids and Awarding Contract for Badger Park Phase 2 Improvements, City Project 17 -09, including Alternate No. 1 and Alternate No. 2 to Valley Paving, Inc. for an amount not to exceed $623,776." Mayor Zerby stated the project will increase the number of parking spaces. Engineer Hornby clarified there will be 50 more spaces. Motion passed 5/0. 7. PLANNING A. Conditional Use Permit and Variance for a Substandard Lot Applicant: Mark and Karleen Leslie Location: 28241 Boulder Circle Director Darling explained Mark and Karleen Leslie own the property located at 28241 Boulder Circle just west of the intersection of Boulder Circle and Smithtown Road. The adjacent properties are all developed with single family homes. The applicants' property does not conform to the lot area (40,000 square feet) and lot width (120 feet) requirements of the R -IA /S Single - Family Residential /shoreland zoning district. The existing home does not conform to the required shoreland setbacks. The applicants propose to remove the existing single - family home, attached garage, and accessory building (a play house) and construct a new home and attached garage on their property. With regard to the analysis of substandard lots of record, Darling explained Section 1201.03 Subd. 2.0,(3) of the Shorewood Zoning Code stipulates four criteria for building on a substandard lot of record. One of the criteria is the lot must meet at least 70 percent of the width and area requirements for the zoning district in which it is located. For the R -IA /S zoning district this means the lot would have to be 84 feet wide and 28,000 square feet in area. The subject property is just short (less than one foot) of the 84 -foot width requirement which necessitates a lot width variance. The lot has 35,636 square feet of area thereby exceeding the 28,000 square foot requirement. Because the lot is located in a shoreland overlay district a Conditional Use Permit (C.U.P.) is also required to redevelop a substandard lot. She reviewed how the application complies with the variance and C.U.P. standards. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 6 of 19 1. The applicants have designed the new home to conform to the required side yard setbacks. That would be an improvement over what currently exists. 2. The applicants' "practical difficulties" are not economic in nature, or the result of their actions. Granting the variance would not confer any special privilege on the applicants that would be denied to other properties. 4. The variance (0.4 feet) is the minimum necessary to make reasonable use of the property. Darling noted based on the preceding analysis staff and the Planning Commission recommend granting approval of the applicants' request for a lot -width variance and a C.U.P. She also noted there were no public comments regarding the request during the Planning Commission's public hearing on the matter. Kristy Raasb with Alexander Design Group, reiterated the new house will conform to the side yard setbacks and the proposal will be under the maximum hardcover allowed. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17 -075, "A Resolution Granting a Conditional Use Permit and a Lot Width Variance to Build on a Substandard Lot to Mark and Karleen Leslie, 28241 Boulder Circle." Motion passed 510. B. Conditional Use Permit for Coffee Shop with Drive -thru Service and Outdoor Seating Applicant: Dave Watson Location: 19245 and 19285 State Highway 7 Director Darling explained Watson Vinehill, LLC, proposes to redevelop the properties located at 19245 and 19285 State Highway 7 for a coffee shop (Starbucks) with drive -thru service and outdoor seating. The two properties are zoned C -1, General Commercial. Coffee houses are listed as a permitted use in the C -1 Zoning District. Drive -thru service facilities are listed as a conditional use in that district. Therefore, a conditional use permit (C.U.P.) is required. The subject properties are located on the frontage road between the intersections of Vine Hill Road /Delton Avenue to the east and Vine Hill Road/State Highway 7 to the west. There is one office building on each of the two properties. The proposal includes removing the two office buildings and combining the two properties into one. There would be one entry onto the new site from Delton Avenue. The Starbucks would be located on the west side of the site. The majority of the traffic would be in the center and towards the east of the site. The secondary access over to Vine Hill Road would be kept. The two parcels and surrounding land uses were developed prior to the existence of the current configuration of the frontage road. The frontage road was retrofitted several years back in order to accommodate increasing traffic on Highway 7 and the adjacent side streets. It does include problematic curves, narrow rights -of -way (especially on the north side of the road), and challenging intersection geometries. The Minnesota Department of Transportation (MnDOT) is in the process of constructing a right turn lane from northbound Vine Hill Road on to eastbound Highway 7. Staff reviewed the C.U.P and site plan based on the conditions in the Zoning Ordinance. The details of that review such as setback, landscaping, lighting, and so forth are documented in the memos to the Planning Commission. The building plans were conceptually reviewed and they were found to be CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 7 of 1.9 consistent with ordinance requirements. A complete review of the construction plans would be required prior to issuance of building permits. The Planning Commission discussed this application during its March 3, April 4, and May 2, 2017 meetings. The Commission unanimously recommended denial of the application due to the impact on traffic, primarily in the morning. The applicant's traffic report indicates that most of the customers for the coffee shop would be `'convenience" customers. They would already be in the area with few trips generated by attracting customers from Highway 7. In the morning most of the trips would be by drivers already on Delton Avenue. There would only be a few that would come from Highway 7 over to the site. The drivers going eastbound on Delton Avenue (the frontage road) would enter the site from the north driveway and then . enter the drive -thru or go on to the parking lot. When exiting some drivers will go back on to Delton Avenue at the main site entrance and continue on down that road. There will be a number of drivers that would go over to Vine Hill Road and then go north up to the intersection with the frontage road. During the public hearings on this application and in the traffic study it was noted that the traffic situation at the intersection of Vine Hill Road and Delton Avenue is failing. It is at level of service F which typically means long delays. The Planning Commission recognized the neighbors' concerns. The Commission was also concerned that adding any amount of traffic to the current situation would be hard on the surrounding areas. The Commission made its recommendation for denial accordingly. Since the May 2 Planning Commission meeting staff requested some clarifying information about what the impact of the new trips would be. Traffic already backs up on Delton Avenue past where the site entrance would be located. If traffic were to back up through the site what would happen to vehicles waiting to get on to the site? The site traffic would back up the traffic attempting to proceed eastbound to the intersection. What would happen when a westbound driver tries to turn into the site if they can get a break in traffic? Traffic would back up behind them as they wait to turn into the site. What would happen at the intersection of Vine Hill Road and Delton Avenue because of the new traffic that exits Starbucks and turns north to re -enter the frontage road traffic? The vehicles add to the queues already at that intersection. After studying the situation in greater depth, staff added three recommendations to mitigate the impact of the additional traffic. First, add a right turn lane eastbound on Delton Avenue at the site entrance. Second, add a by -pass lane westbound on Delton Avenue at the site entrance to allow westbound cars to pass by cars queued up to turn left into the site. Third, add a dedicated right -turn lane northbound on Vine Hill Road at Delton Avenue. Darling stated with those conditions along with the other conditions listed in the staff report staff believes that the proposed coffee shop with drive -thru service could function without further degrading the intersection. She acknowledged that those improvements would only mitigate the impact of the coffee shop. They would not resolve all of the traffic issues in that area. Darling noted the City received two letters after the meeting packet was sent out. One was from the applicant Watson Vinehill, LLC. The other was from the applicant's attorney Bruce Malkerson with Malkerson Gunn Martin LLP. The letters were presented to the council and clerk for inclusion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 8 of 19 David Watson with Watson Vinehill LLC, noted he had prepared a response to the City Staff report. He reviewed the report with his company's consultant over the past weekend. They were able to discuss a few of their concerns with Director Darling and the City's Traffic Engineer (Chuck Rickart with WSB) earlier in the day. He went through his written response dated. August 28, 2017 (a copy of which is on file). A traffic study was done to assess the impact of the proposed Starbucks development. The results were reviewed and agreed to by the City's Traffic Engineer and I-IDR (an independent engineering firm). The results of the study show that during the AM Peak Hour (7 -8 a.m. on weekdays during the school year) the Starbucks development would not have a noticeable impact on existing traffic conditions. The Delton Avenue access /exit point level of service is a B and it would remain a B with the development in place. The Vine Hill Road access /exit point level of service is an A and would remain an A. The intersection of Delton Avenue /Vine Hill Road level of service is an F and would remain an F. The actual delay time would be reduced by slightly more than one second with the development in place. The study projects only 13 new cars would be added to the existing traffic condition of nearly 900 cars during the AM Peak Hour. The City Traffic Engineer's memo dated August 23, 2017, recommends making three improvements as part of the proposed Starbucks project that would improve the existing traffic condition with the Starbucks development in place. The memo does not say the improvements are needed to comply with the C.U.P. standards for approval. The first recommended improvement is to add a right turn lane into the site driveway off of eastbound Delton Avenue. He has been told that would cost approximately $9,000. He expressed his willingness to have his company contribute up to that amount as a condition of approval. He does not think it is needed but it would improve the intersection. The second recommended improvement is to at the intersection of Delton Avenue and Vine Hill Road modify northbound Vine Hill Road to add a dedicated right turn lane going east on Delton Avenue. That portion of Vine Hill Road (the east side of it) is located in the City of Minnetonka. If that turn lane can be created with striping and if Minnetonka agrees the work should be done, he expressed his willingness to pay for that work as a condition of approval even though he does not think it is needed. The third recommended improvement is to add a by -pass lane on westbound Delton Avenue at the site entrance to allow westbound cars to pass by cars queued up to turn left into the site. He and his group have serious engineering concerns regarding this given the limited amount of space; Highway 7 immediately to the north, and the Delton Avenue /Vine Hill Road intersection being only 150 feet away to the east. He cited the MnDOT Road Design Manual standard for a standard by -pass lane for a road with a posted speed of 30 miles- per -hour and explained why it would be impossible to realistically build the bypass. Even if the by -pass could be built, it would only affect four cars waiting to make the left turn into the site during the AM Peak Hour. To alleviate any concerns, he proposed adding a sign that prohibits a left turn into the site off of westbound Delton Avenue during the AM Peak Hour as a condition of approval. Mr. Watson stated that although he does not believe all of the conditions listed in the Resolution of Approval are needed, he was willing to be bound by them subject to the following roadway changes. Under conclusions add "except that the applicant shall" to the end of Item A.1. Also, under Item A.1 add the following: a. Pay up to $9,000 for a right turn lane into the site. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 9 of 19 b. Pay to stripe a turn lane onto the northbound Vine Hill Road if the City of Minnetonka agrees to allow such striping. c. Pay to install and maintain a sign on westbound Delton Avenue that says "No Left Turn Into Starbucks from 7:00 a.m. to 8:00 a.m. weekdays." Mr. Watson stated that after Council deliberates on this application he asked that he be allowed time to address any questions or issues that Council felt had not been adequately addressed. He then stated if Council does not have a majority vote in favor of this application with the additional conditions he asked that Council add those additional conditions that would be necessary to obtain approval of the C.U.P. If then he still had not adequately addressed all of Council's concerns he asked Council to delay taking action until its next meeting in order to allow him time to address the concerns. Mr. Watson introduced his traffic engineer Vernon Swing, with Spack Consulting. He asked that Mr. Swing be allowed a few minutes to present his findings that are outlined in detail in his memorandum dated August 28, 2017 (a copy of which is on file with the clerk). He noted that his legal counsel Bruce Malkerson was also present and would address any legal questions Council may have. Mr. Mallcerson had also submitted a letter dated August 28 summarizing their legal position (a copy of which is on file). Mr. Watson thanked Council for its time. Vernon Swing, 4290 Norwood Lane North, Plymouth, walked through is technical memorandum responding to the Finding of Facts and Conclusions specific to traffic included in the Resolution of Denial. Finding of Fact 48: It states the Applicant's traffic consultants found the proposed use would increase the number of AM Peak Flour trips during the time when the area is functioning with a level of service F rating. Spark's response — The first traffic study looked at the worst case scenario because if things functioned adequately for a worst case scenario there would not be any reason to look at a different scenario. The applicant has since gone back and reconsidered the study with a likely distribution. That has been presented to the City's Traffic Engineer, MnDOT, and HDR and they have all conceded that is approximately right. The study of the likely distribution indicates there would only be 13 additional vehicles added to the approximately already 900 vehicles in the area per day. The intersection of Delton Avenue and Vine Hill Road which is between the adjoining intersections that would provide access to the site would have reduced delay with the addition of the proposed Starbucks development. Finding of Fact 99: It states that during the AM Peak Period the queues are excessive. Spack's response — That statement was based on the worst case condition and it specifically referred to the intersection of Highway 7 and Vine Hill Road. With the analysis of the likely distribution of site traffic, that comment is no longer applicable. Finding of Fact 410: It states the City's Traffic Engineer thought that the traffic waiting to enter into the drive -thru service lane could back -up and block traffic in the public frontage road (Delton Avenue) causing additional back -ups extending west from the site driveway during the AM Peak Hour. Spack's response — The minutes from the Planning Commission's May 5 [actually May 2] meeting indicate the City Engineer's opinion was the inbound traffic was not the issue. Conclusion B: It states the request for a C.U.P. results in the addition of more traffic in an area with already existing unacceptable levels of service. Spack's response — The drive -thru window necessitates the C.U.P. The proposed use of the site would generate less traffic than a permitted use not requiring a C.U.P. would. That conclusion has been verified by the City's Traffic Engineer, MnDOT and HDR. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 10 of 19 Conclusion C: It states Shorewood -finds the drive -thru service window would create traffic conditions that would be incompatible with present and future land uses in the area. Spack's response — The analysis of the likely distribution of site generated traffic indicates the proposed development would not create traffic conditions that are incompatible with existing and future land use in the area. A coffee shop is already a permitted use for that zoning district. Conclusion D: It states the proposed use would tend to or actually depreciate the traffic conditions due to the overburdened intersections in the AM Peak Hour. Spaek's response — The traffic analysis of the existing conditions and likely distribution indicates that the Delton Avenue access /exit point level of service is a B and it would remain a. B with the Starbucks development in place. The Vine Hill Road access /exit point level of service is A and would remain an A. The intersection of Delton Avenue /Vine Hill Road (a non - adjoining intersection) level of service is an F and would remain an F during the AM Peak Hour. The actual delay time would be reduced by slightly more than one second (down to 53 seconds) with the development in place. It would not depreciate the traffic conditions. Mr. Swing concluded his remarks. Mayor Zerby noted this is not a public hearing. Therefore, there is no requirement for Council to take public comment but he will allow it. He asked those wishing to speak to not repeat comments made before them and to keep their comments as succinct as possible. Rose DeSanto, 5111 Valley View Road, stated she thought Mr. Watson was trying to have the Planning Commission's recommendation overridden and that he was trying to be persistent in pushing the project at people. The intersection is very dangerous and it will only get worse. The area is very tight. She commented that Minnesota nice did not trickle down to high school students. She stated she does not think the area needs another coffee shop. A person can walk in any direction and buy a decent cup of coffee. There is no need for another coffee shop at the expense of people's safety and she thought it prudent to take safety into consideration. Paul Stelmachers, 5210 ShadyLane, noted that he works for Retail Data Systems which is a company that provides technology to retailers across the globe. It counts Caribou Coffee and Dairy Queen as customers out of its office in Eden Prairie. He stated he was quite familiar with drive -thru technology and how it pertains to coffee shops. He expressed his appreciation for the addition of a right turn lane from northbound Vine Hill Road on to eastbound Highway 7. Unfortunately, it will not take care of the problem at the intersection. He stated the original petition submitted opposing the C.U.P application for Watson Vinehill had 77 signatures on it. Another 39 have been added which was an increase of over 50 percent. That brings the total to 126. He explained there are a lot of things going on at Minnetonka High School. Its yearly calendar is 187 pages long and the font size used is quite small. The current enrollment is 3,120 and the School wants to get to 3,400. Growth at the school is not just limited to enrollment. The growth also includes adding and upgrading sport facilities, performing arts facilities, and surrounding parking lots. The sprawling campus has an arts center, four gymnasiums, a football arena, an ice arena, a veterans baseball field, four softball fields and additional practice fields. The amenities are not only used by staff and students, the used is opened up to the surrounding community. That results in more traffic in the area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 11 of 1.9 He provided copies of photos he had taken of traffic in the area around Vine Hill Road and Highway 7 as well as traffic going eastbound on Delton Avenue. He stated he took exception with some of the comments in the Spack Traffic Summary Technical Memorandum dated August 22, 2017. On page 2 in Item C it states "Starbucks is not a destination business; they are a convenience driven business." He stated that is categorically incorrect and false. Coffee shops in general may be convenience locations; however, Starbucks is not. He cited an article published in Business Insider dated December 7, 2016, where the then Starbucks CEO Howard Schultz said "in order to make this growth a reality, the company is banking on two strategies: maintaining status as a "destination " and investing in digital." The article also noted that Mr. Schultz was stepping down as Starbuck's CEO and "...will focus on the first goal: ensuring that Starbucks is a `destination ... ". He then cited another article in Business Insider dated December 11, 2016, which stated Mr. Schultz also stated "Starbucks is a destination. Starbucks is a sense of community... We have become the third place between home and work, all over the world." He then cited an excerpt from a book by Arthur Rubenfeld titled Built for Growth which was published in 2005. It read "Starbucks began as a convenience location — it had to be" on the way" — but as the company became ingrained in American culture many Starbucks stores turned into local destinations ..." These articles and book excerpt indicate that Starbucks has been and will continue to be a destination no matter what Spack Consulting said in its Traffic Summary. He explained convenience locations are where someone is driving by. For destination locations people will go out of their way to get there. They will draw customers from a much larger surrounding area in the community bringing in additional traffic other than drivers who are just passing by on Delton Avenue. Highway 7 will be a draw. In attempting to categorize Starbucks as a convenience location they are underestimating the impact on traffic. They are treating Starbucks just like any other coffee shop which they are not. Starbucks has more than 24,000 locations and there are on average two new Starbucks stores opening every day. He stated it was his understanding that the Traffic Study had been reviewed by the City's Traffic Engineer, by MnDOT and by HDR and that all are in agreement with each other. Of course they would all be in agreement if they use the same faulty premise that Starbucks is not a destination location. Just because a group of experts agree with something does not necessarily make them right. He explained that for its Traffic Study Spack used coffee shop data from 2010, 2011 and 2012. Technology used at drive -thru locations is rapidly evolving and Starbucks is leading the charge. The data is stale at best and irrelevant and irresponsible at worst. The Starbucks of 5 to 7 years ago is completely different than the Starbucks of today as noted in an article published in QSR (Quick Service Restaurant) Magazine. He stated it was his understanding that in the traffic impact studies they use formulae and averages in an attempt to predict how a given situation will respond to a change (i.e.; adding a Starbucks with a drive - thru). The problem with averages is the exclude the highs and the lows (i.e.; the extremes). The of Vine Hill Road / Delton Avenue intersection is a unique situation and normal methodologies will not give an accurate prediction about the impact the Starbucks development will have on traffic. He referred to a page from some document in the agenda item packet that states "The City's traffic engineer has determined that the impact of the use as proposed could be mitigated if the developer makes alterations to the frontage road at the site entrance and at the Vine Hill Road / Delton Avenue intersection." It then listed three recommended improvements. He asked if that had been subjected to any quantitative analysis or is it simply an opinion that it would mitigate. CITY OF SH'OREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 12 of 14 He then referred to a copy of an email from Patricia Otto with MnDOT Traffic Engineering dated June 21, 2017. It states "... we are back to the added 13 AM peak hour trips ... ". He thought it should be 13 vehicles and 26 trips. Ms. Otto's email also stated that "Perhaps Starbucks and its patrons could become a catalyst working with the city and Minnetonka fligh School to help solve the backup problem during the morning rush." He cited a copy of a letter from the City of Minnetonka dated June 21, 2017. Regarding the proposed development site it states "... we believe has the potential to negatively affect traffic in this area." It also states "The City has received complaints related to traffic in this area and has observed traffic backed up through the three -way stop in the past." It also states "...our general understanding is that the redevelopment is expected to increase traffic in this area. Minnetonka staff believes that if the city of Shorewood allows this site to redevelop in a manner that will increase traffic volumes during the existing peak hours, the existing traffic concerns will likely be compounded further." He stated he found it somewhat disheartening that the staff at Minnetonka appears to have more concerns about traffic safety and its impact on the local area and its residents then his own City staff does. He noted he took exception to an item in the staff report which lists a sustainable tax as the Connection to Vision / Mission. He considered that a moot point because Mr. Watson stated lie would develop the property regardless. He stated lie thought that to overturn the Planning Commission's unanimous recommendation to deny the C.U.P. application would be a mistake. It would also send a message that a unanimous recommendation does not matter. Be then stated if the traffic consultants are wrong, which he believes they are, and the intersection and the traffic become total disaster he asked if the Starbucks and drive -thru would be removed. He then stated lie thought the proposed development would exacerbate a safety issue caused by high traffic at a poorly designed intersection. From his perspective to say the traffic would only be bad for one- half hour simply ignores the safety aspect completely. If there is a safety hazard even for a split second which ends up causing a car or pedestrian accident it could have life and death consequences. Mr. Stelmachers stated for the safety for the children in the area he asked Council to deny the C.U.P. application. He thanked Council for its time and consideration of this matter. Justin Roberson, 5114 Valley View ,Road, noted he has three boys ages 10, 7 and 4. He stated the traffic is horrible and not just at peak times. It makes it hard for him to get to work on time. He and his wife do not feel comfortable walking on the streets in his neighborhood any time. Nor do they feel comfortable letting their sons bike outside of their small cul -de -sac. He then stated at the Starbucks about two miles away there are 13 vehicles in the drive -thru line at all hours of the day and that is not a busy intersection. For the safety of his neighbors and his family he asked Council to deny the application. David Sime 5363 Ashcroft Road Minnetonka, stated he hoped that Council would not dismiss residents' concerns as being like those of people who move near an airport and then complain about the noise. He thought most of the residents moved into the community that surrounds Minnetonka High School in the last 20 years when it was just a high school. The high school area has become an entertainment complex. Traffic can be at very high levels up to 18 hours a day depending on the season. There is a genuine traffic problem. He expressed his support for Shorewood's independence and its sovereignty. But, he expressed concern that the City of Minnetonka has not been heard from with the proposed development being so close to the border between Minnetonka and Shorewood and with the traffic flow primarily into and out of Minnetonka being across from the entrance to the site. He noted he called Minnetonka city hall earlier CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 13 of 1.9 in the day and the first person he spoke with in the engineering and planning department was not aware of this proposed project. When he spoke to someone else in engineering he was told they had just received a copy of the staff report today. He stated he thought Minnetonka staff was willing to find a way to work constructively to help solve the problems. He asked Council to table this item until at least there has been a chance to have a joint in depth study between Shorewood and Minnetonka or at least strong support from Minnetonka. Harry Millen, 5117 Vine Hill Road, noted he has four young children. Things at the intersection are very tense. There is no driving etiquette. Drivers just fly through the stop sign all the time. He and his wife are often challenged while trying to get out of their driveway and on to Vine Hill Road. He commented that he did not think the person who conducted the traffic study would be in attendance if the study results were unfavorable to Starbucks. Kris Thayer, 5345 Shady Hills Circle, stated there is a no left turn sign during certain hours on Delton Avenue on the other side of Vine Hill Road. That sign does not work. Residents had asked South Lake Minnetonka Police Department (SLMPD) patrol officers to come and issue traffic violation citations at the beginning of the school year to help reduce the number of student drivers speeding through their neighborhood. She does not think a sign going the other direction would stop them either. Mr. Stelmaehers clarified there had not been a new traffic study; just clarification from WSB. Councilmember Sundberg asked Engineer Rickart if the traffic study took into consideration all of the different events the school has. Rickart stated they used the school's traffic volume data and they looked at mitigation (e.g.; the turn lanes). Sundberg then asked how old the school's data was. Rickart stated the counts were taken in March 2017. Sundberg went on to ask if school representatives expressed any other concerns about the development to Rickart. Rickart stated he has not spoken with school representatives. In response to a comment from Sundberg, Engineer Rickart stated 12 cars can be in the drive -thru lane at the same time and the 13`t' car would be at the entrance. The right turn lane would help with that situation. In response to another comment from Sundberg, Engineer Hornby clarified that the City of Minnetonka has been involved with this effort for about one month. Staff has been coordinating with them during that time. He stated Minnetonka representatives had seen the initial traffic study information but he was not sure they saw the additional study information. Sundberg asked if the traffic issues around the Delton Avenue /Vine Hill Road /Highway 7 area has been assessed independent of the proposed Starbucks development. Engineer Rickart stated he has not done that. Engineer Hornby stated a group of parents of students that go to the Minnetonka High School along with the Mayor of Minnetonka and staff from Minnetonka had met a few times to discuss how to mitigate pedestrian issues along the corridor. He was not able to attend all of the meetings. He noted Mayor Zerby and the former Shorewood Planning Director had attended one time. Councilmember Siakel asked if there has been any conversation with representatives from MnDOT. She explained there used to be an exit off Highway 7 heading east that went to the High School. That was taken out which diverted more traffic on to Delton Avenue. She thought the open enrollment growth at the School is causing some of the traffic problem near the School. The traffic capacity on Delton Avenue is maxed out. Engineer Rickart stated the all -way stop sign causes traffic to back up. It is an issue. Adding turn lanes will help with the capacity issue. He agreed that the area is very tight and to pert in a by -pass lane and a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 14 of 19 right turn lane could require additional right -of -way (ROW). He noted the addition of the lanes had not gone through an engineering assessment process. But there is consensus that they would help mitigate the traffic issues but not solve all of them. They would improve the situation for the proposed Starbucks development. Siakel then stated she does not know how a by -pass lane could be constructed in that tight of an area. Engineer Rickart stated engineers would have to determine how wide the lanes could be and it is likely the roadway would have to be shifted somewhat to fit all of the lanes in. There would be ROW impacts which would require involvement from MnDOT. Siakel asked if a by -pass lane would basically give drivers permission to zoom around other vehicles ultimately creating a bigger problem. Rickart stated by- pass lanes are not the safest. A left turn lane would be ideal for that area but that requires a lot more space. Councilmember Labadie stated she was pleased to hear there are parents and other individuals involved in discussions. She commented that she knows that the School Board does not have any jurisdiction over the intersection. She asked if the Board had been contacted. Engineer Hornby stated he was not sure and clarified that the discussion was initiated by parents of students. Labadie asked if Minnetonka Schools Superintendent Dr. Peterson has been involved. Hornby did not know. Labadie noted there are also two ice arenas and an entire soccer complex of fields on the Minnetonka High School campus. Councilmember Siakel thanked the residents for their comments. She commented that she has children who had attended the High School so she had the opportunity to experience the problems with traffic. Siakel then stated this application comes down to what the City can and cannot do based on the Ordinances in place. A coffee shop is a permitted use on the subject properties. Councilmember Johnson stated the rebuttal from Spack Consulting for Finding of Fact #10 stated the City Engineer's opinion was the inbound traffic was not the issue. He asked Engineer Rickart if that is correct. Rickart explained if there is nothing impeding the inbound traffic it should flow without problem. The biggest issue will be trying to exit the site. Johnson then stated the rebuttal to Conclusion B talks about Alternate Development Scenario and states a scenario that does not require a C.U.P. would generate more traffic than the proposed Starbucks development and that the conclusion was verified by the City's Traffic Consultant. He asked Rickart if he agreed with that. Rickart stated yes based on what Spack had in its traffic study. Mayor Zerby stated Council received staffs material for this item late on Friday (August 25) and some members of Council had trouble receiving the electronic material because it was so large. Additional material from the applicant and his team was not available until later today. The Planning Commission has not seen some of the information recently provided to Council and he thought the Commissioners should have an opportunity to review it. Zerby noted he was not sure the Starbucks development would exacerbate the current traffic problem a lot. He reiterated land owners have right to develop their property as long as it complies with the ordinances for the zoning district it is located in. The drive -thru is what necessitates the C.U.P. not the coffee shop use. Zerby asked if Starbucks Corporate has traffic count requirement for new locations. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 1.5 of 1.9 Julie Wolleat, a Senior Store Development Manager with Starbucks, stated generally the minimum requirement is 20,000 vehicles a day but it has been lowered that at times. For this proposed location Highway 7 traffic counts are used and she thought that is about 37,000 vehicles. She explained in a situation like this most of the traffic to the site will come from existing traffic in the area. The proposed Starbucks would not be a destination use. Mayor Zerby noted the Minnetonka High School has its own coffee shop. Councihnember Sundberg stated earlier in this discussion a resident referred to a statement that Starbucks' goal was to be a destination for the neighborhood. Ms. Wolleat stated Starbucks strives to be part of the community and a neighborhood gathering spot. In this type of location Starbucks would not necessarily be trying to draw people from outside of the immediate trade area. This location was chosen based on the traffic that is already there and not by assuming it would draw additional traffic to the trade area. In response to a question from Sundberg, Ms. Wolleat stated Starbucks typically looks a one, two and three mile radii for when considering trade areas. Sundberg stated she thought Starbucks drive -thru approach is a good thing. It controls the traffic. She asked if the opposition's concern is that a drive -thru in this situation will generate more traffic. Ms. Wolleat stated Starbucks does see more traffic with drive -thrus than it does with cafes. She is not sure drive -thru services generate more traffic. It is just more convenient for people to go to a drive -thru location. Sundberg asked if Starbucks drive -thru locations have caused significant traffic issues in a surrounding area. Ms. Wolleat stated out of the approximate 200 coffee shop real estate deals she has been involved with there was only one time where there were significant traffic issues and that was caused by a site design that was forced by a municipality. She noted since she started in this business Starbucks and its competitors have learned a lot about what makes a good site, how to circulate the site, how much parking is needed and how much staking is needed. Councilmember Labadie cited some statistics found in the meeting packets. Starbucks stated it was normal to have on average 500 customers a day at an average store in the Twin Cities. Ms. Wolleat stated she picked stores that would have similar sales volumes. She used five of the stores and one of them was located in Chanhassen. Labadie asked if Starbucks has any data about what percentage of the cars only have a one occupant. Ms. Wolleat stated she does not think it does. Labadie clarified the reason for her question is the time it takes to service a vehicle at a drive -thru would vary based on the number of people who order something. Labadie noted the Chanhassen store is not located near a high school so she questioned it being like the proposed store. Ms. Wolleat stated she will try to find stores that are located near high schools for comparison purposes. She noted that on average the time from menu board to window is about 50 seconds. Labadie stated she thought a large portion of the proposed Starbucks customers would be students who have a least one other person in their vehicle. Councilmember Siakel questioned the value of sending this application back to the Planning Commission for further consideration. She stated she does not understand what reason there could be for Council to deny this application. The High School is not the applicant's problem. Mayor Zerby stated it is his understanding that the Planning Commission did not think the application satisfied the requirements. And, there is new information that the Commission has not seen. Siakel stated Council still has to make the final decision. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 16 of 19 Councilmember Sundberg stated she did not think there would be any value gained by sending this back to the ,Planning Commission. Council knows what the issues are; they have been talked about a lot. If Council needs more time to deliberate this application then it can be continued. She noted she agrees with Councilmember Siakel that the applicant has a right to develop the site. She stated Starbucks is a very successful company. She reiterated she thought the drive -thru is a plus. She then stated that over the last few months she has gained a greater appreciation for the need to have a thorough traffic assessment of the area around the Vine Hill Road /Highway 7 intersection. Councilmember Siakel noted she agrees with six conditions of approval identified by staff in its report. She also agrees with two of the three the applicant asked to be added to the Resolution of Approval but questioned if the by -pass lane is doable. Mayor Zerby stated he would like more clarification of the changes asked for by staff and the applicant. Councihneniber Labadie recommended staff contact the Minnetonka High School's transportation department to find out how many students park their vehicles in the lot during a school day and how many passengers a driver must have in their vehicle in order to get a parking pass. Councilmember Siakel stated she thought is it two. Councilmember Johnson stated he would like there to be some collaboration with the City of Minnetonka based on the letter Shorewood received from Minnetonka. Attorney Keane stated if this is going to be continued to Council's next meeting it should be done by motion. He asked for a clear statement from the applicant that he waived the §15:99 time approval requirement. Mr. Watson noted he waived that requirement. After discussion there was Council agreement that staff was being asked to work with the applicant to clarify changes that were suggested during this discussion and to provide answers to the questions Council asked. Zerby moved, Johnson seconded, continuing this item to Council's September 11, 2017, meeting. Motion passed 5 /0. 8. ENGINEERING/PUBLIC WORKS 9. GENERAL/NEW BUSINESS A. Approve 2018 Excelsior Fire District Budget This was moved to Item 5.13 on the agenda. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 1.7 of 19 Mayor Zerby noted the meeting packet contains a copy of the July 2017 Monthly Budget Report. Other Director Brown stated the sealcoating portion of the 2017 Crackfill and Seal Coat Project has been completed. The contractor is in the process of sweeping up the excess aggregate. Mayor Zerby asked staff to comment on the complaint the City received the previous week about the unmowed lawn and weeds. Director Darling stated the weed inspector is on medical leave so Planning Department staff will do that inspection. Engineer Hornby explained the contractor for the Minnetonka Country Club (MCC) development project had planned to pave the wearing course the previous week but they got delayed in raising the manhole castings, water valves and so forth. The contractor will do the paving this week. The sidewalk on the south end by Yellowstone Trail has been completed and restoration work is in progress. The trails on the east side of the development are complete. The interior trails are not; there has been a soils issue in that area. The developer has proposed to construct the trails that are in the 1s' Addition as part of the 2"d Addition and to build them up to a gravel surface and leave them in that state over the freeze /thaw cycle. The engineers for the developer and for the City recommend that be done. Doing so would reduce the amount of distress from the freeze /thaw cycle and they would settle out. Those trails would be paved next year along with the remaining trails in the 2nd Addition. Mayor Zerby stated it was his recollection that there had been discussion about the design standards for that section and the developer had agreed to use the City's standards. Engineer Hornby concurred and stated staff gave the developer the areas to oversize the subgrade correction; that is in the worst areas. Zerby then stated the Developer's Agreement includes a Phase 1 deadline of July 1, 2017. That includes having the trails, the top coat and so forth completed. That did not happen and now there is discussion about shifting some of the trails to the next phase. He asked if that requires an amendment to the Agreement. Director Darling stated it will and staff intends to have that on the agenda for Council's September 11 meeting. Zerby asked Hornby to comment on the erosion control issues on the south end at the entrance near the monument. There is a slope there that does not appear to be seeded or planted. Hornby explained the developer needs to establish turf as part of its permit. When it does erode the developer is required to clean it up within 24 hours after any rain event. Zerby asked how that is monitored. Hornby stated the developer is required to keep a log on site of what they do to address erosion as part of its NPDES (National Pollutant Discharge Elimination System) permit which is governed through the Minnesota Pollution Control Agency (MPCA). If the developer is not doing that and if there is a complaint the MPCA can also step in. WSB & Associates has staff that are certified in erosion control and they can monitor the situation and ask the developer to clean things up. Zerby stated many agencies have been involved with the MCC project. He asked all of the agencies' requirements have been satisfied. Hornby noted the City is the local agency and it is more restrictive than the other agencies. The City oversees that directly. Zerby asked if the City has, for example, a certificate stating all of the mercury was removed from the greens on the old golf course or something stating that the retention ponds have been built as they were designed and approved. Hornby explained the plans will have to be certified as record plans at the end of the project. Zerby stated the end of the project was July 1. Hornby stated the project is not complete from a construction perspective. The developer will have to submit record plans for the site grading and utilities. Those are not complete. The record plans will be on CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 28, 2017 Page 18 of 19 file with the City. He reiterated that the developer is behind schedule and explained that is why Council will be asked to approve an amendment to the Developer's Agreement on September 11. He noted the City still has a letter of credit which is a financial security that would cover more than the cost of the work that is remaining to be done on Phase 1 of the project. Zerby stated he does not want that to always be the City's safety net. Hornby stated that often ends up being the City's safety net or it could be the City holding up issuing building permits. Zerby asked when and how the City will know if all of the other agencies' requirements have been met. Hornby clarified the City will not accept the project until all of the requirements of the Developer's Agreement have been satisfied. Director Brown stated it is his recollection that the MPCA had issued a clean site statement for the mercury cleanup a while ago. He then stated Council has the option to call on the Developer's letter of credit or other means of correction. He did not recommend doing that because that could slow the project down even more. Mayor Zerby asked for a list of what the developer still needs to complete for Phase 1. Engineer Hornby stated the internal trails, the wearing course for the bituminous and some minor restoration near the monument signs and along the sidewalk. Once the City accepts those improvements the City has a two - year warranty on those improvements. Zerby asked what the status is of the Homeowners Association Agreement. Hornby stated he thought that was done and he does not think the final plat for Phase I would have been approved without that being done. Director Darling noted the Homeowners Association documents have been recorded. Engineer Hornby stated for the 2" d Addition mass grading is substantially complete and the contractor mobilized that day for the street and utility work. The contractor will also begin work on the trails. Hornby provided an update on the Chaska Road situation because of the Oppidan project. The City received a few calls and ema.ils from residents earlier in the day. He spent the time driving from his office to City Hall speaking on the phone with subcontractors which he should not technically be contacting directly. They are all backed up on work for other projects because of rain events. The soonest the contractor will be on site to work on the roadway will be the afternoon of August 30 or the following day. If there is more rain they could be delayed longer. Mayor Zerby noted he had spoken with Tony Vanderlinde the owner of Widmer Construction. That company is the City's contractor for the Watermain project. Mr. Vanderlinde told him that one of the delays for the project was caused by late staking by WSB on August 25. Engineer Hornby disagreed and explained that a contractor called them the night of August 24 and said they would be there on the morning of August 25. That did not provide enough time for WSB to get a survey crew in. Zerby then stated Widmer's subcontractor had not yet contacted Gopher State One for location services yet. Hornby explained he spoke with construction staff earlier in the day and asked them to freshen up the markings which were likely made by Gopher State One. Therefore, Gopher State One must have been contacted. Engineer Hornby stated that in construction each contractors schedule is dependent on another contractor's schedule. He then state the utility delays messed up the schedule for the project. Mayor Zerby stated it has been two weeks since the utility work was completed. Engineer Hornby concurred. CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES August 28, 2017 Page 19 of 19 Zerby stated it had not rained for three weeks. He then stated other projects in the area appear to be moving along. Engineer Hornby noted there had been three inches of rain the evening of August 25. And, there had been substantial rain over the last three weeks. Councilmember Sundberg stated there was a lot of rain in her rain gauge on the morning of August 26. Hornby stated if there is standing water on a roadway or if there is more than optimal moisture in the subgrade then when equipment is run over it it turns to muck. That is why contractor stay off of the roadway when it is like that. Councilmember Siakel asked why it is the City's fault because the contractor and subcontractors are delayed. She noted she does not understand what Mayor Zerby wants Engineer Hornby to do. Zerby stated he does not want Hornby to do anything he just wants the project to be done. He noted the residents were promised on the City's website that the utility and watermain work for the project would be done by the end of June. He stated it is Council's fiduciary responsibility to ensure that projects are done well, a good contractor is selected and that the projects are managed appropriately. Councilmember Siakel stated she was not saying the City should be hands off. But, the City staff has taken action. They asked for things to happen and they did. B. Mayor and City Council Councilmember Labadie stated approximately one month ago she, Mayor Zerby and Administrator Lerud met with Metropolitan Council representatives including Jennifer Munt who represents District 3 which includes Shorewood. One of Ms. Munt's comments was "Shorewood's green initiatives are truly impressive and should be made a model for other communities." 11. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of August 28, 2017, at 9:17 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Sandie Thone, City Clerk - ebbie Siakel, Mayor Pro -Tem