Loading...
09-11-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 11, 2017 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS (: Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Acting Mayor Siakel; Councilmembers Johnson and Labadie; Attorney Keane; City Administrator Lerud; Planning Director Darling; Director of Public Works Brown; and, City Engineer Fauske Absent: Mayor Zerby and Councilmember Sundberg B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 310. F K- LIfI ►111It!1►L1m1 Acting Mayor Siakel reviewed the items on the Consent Agenda. Johnson moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of August 28, 2017 B. City Council Regular Meeting Minutes of August 28, 2017 C. Approval of the Verified Claims List D. Call Special Joint Meeting with Planning Commission for September 26, 2017, to Discuss the Comprehensive Plan E. Adopting RESOLUTION NO. 17 -076, "A Resolution Selecting the Truth -in- Taxation Hearing Date of December 4, 2017 with a Continuation Date of December 11, 2017." F. Cell Phone Usage Policy Update G. Approve a Professional Services Agreement for the Street Capital Improvement Program H. Adopting RESOLUTION NO. 17 -077, "A Resolution Ordering Preparation of Feasibility Report for the Riviera Lane, Shorewood Lane, Mann Lane and Maple Street Improvement Project, City Project 18- 001." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 2 of 1.3 Motion passed 310. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING A. Vacate Drainage and Utility Easements Applicant: Thomas and Judy Dahlberg Location: 25270 Smithtown Road and 5683 Harding Lane Acting Mayor Siakel opened the Public Hearing at 7:02 P.M. Director Darling explained that Thomas and Judy Dahlberg owned two parcels of land located between Smithtown Road and Harding Lane. The Dahlbergs have recently consolidated the two parcels into one under the 25270 Smithtown Road address at Hennepin County. The applicants want to construct an addition onto their home and meet the required minimum setback and impervious surface requirements. There still are standard drainage and utility easements on both sides of the old property line. The Dahlbergs have requested that those easements be vacated so they could end up with one lot that flows naturally. The applicants had submitted a search of the easements to small utility companies as well as the City which confirmed there are no utilities in those easements. Darling noted that if the property owners would resubdivide the property in the future the City would require that they replace the easements in the same area. Acting Mayor Siakel opened the Public Testimony portion of the Public Hearing at 7:04 P.M. Judy Dahlberg, one of the owners of the 25270 Smithtown Road property, reiterated there never have been any utilities in the easements they would like to have vacated. She stated the easements need to be vacated in order for them to do anything (e.g.; rebuilding the garage) on their property. Acting Mayor Siakel closed the Public Testimony portion of the Public Hearing at 7:06 P.M. Attorney Keane asked if the property owners have completed the joinder of the parcels as a unified tax parcel. Director Darling stated the applicants have submitted all of the necessary paper work to Hennepin County. The County is in the process of completing the consolidation. It does take some time for the City to receive confirmation of the official consolidation and a new property identification member. Keane suggested that vacation of the easements be conditioned on the completion on the joinder of the parcels into a single tax parcel. Ms. Dahlberg noted that she had spoken with Hennepin County staff and learned that it could take up to one year before all of the paper work is complete. She was told the new property identification number would not come out until at least next spring. She stated they would prefer not to have to wait one year to do their project. Attorney Keane stated he assumes the applicants will have or do have verification that they submitted all of the necessary paper work. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 3 of 1.3 Acting Mayor Siakel asked Ms. Dahlberg when they would like to start their project. Ms. Dahlberg responded in the fall. Couneilrnember Labadie asked if it is legally viable to begin construction before the two parcels are officially joined into a single tax parcel. Attorney Keane stated yes and clarified as long as the filings have been submitted to the Hennepin County Recorder. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17 -081, "A Resolution Vacating Drainage and Utility Easements for 25270 Smithtown Road" conditioned on the joinder of a single tax parcel. Motion passed 310. Acting Mayor Siakel closed the Public Hearing at 7:09 P.M. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING A. Amendment to Minnetonka Country Club Development Agreement Director Darling explained that Mattamy Homes (developer for the Minnetonka Country Chub development) and City staff are proposing an amendment to the MCC Development Agreement. A questionable soil condition issue was identified not too long ago when the developer tried to construct the interior tails. After much discussion the City Engineer, the City's geotechnical engineer and the developer's geotechnical engineer decided that the best approach to getting the interior trails constructed is to prepare the trails this fall and let them settle over the upcoming winter season. The trails would be paved during the spring of 2018. Paving next year should increase the life of the trails. The amendment would allow the developer an additional year to finish the trail construction. Acting Mayor Siakel•asked if the amendment specifies when that trail work needs to be completed by. Director Darling stated the amended Agreement specifies by July 1, 2018, and that she will correct the draft resolution to reflect that date. Coincilmember Johnson asked if the amendment provides the developer the opportunity to not work on the other trails. Director Darling stated most of the other trails are finished. She clarified the trails being discussed are the interior segment of trails. Councihnember Labadie asked Director Darling to expand on what makes the soils questionable. Director Darling clarified it is the soils beneath the proposed interior trails that are questionable. She explained the construction standards for the trails in order to provide more support for the pavement, the base needs to settle over a winter season. Director Brown explained those soils are very susceptible to freeze /thaw conditions. Typically if soils are allowed to go through a freeze /thaw cycle they will compact and settle. He cautioned against paving those trails this year only to have them fall apart after the soils settle. He noted that both the developer's soils consultant and the City's soils consultant both think that is the best approach as well as the most cost effective. Administrator Lerud noted that the two -year warranty period would start after the trails are paved. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 4 of 13 Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17 -078, "A Resolution Approving a Second Amendment to the Development Agreement for Minnetonka Country Club Planned Unit Development" subject to changing the completion date in the Resolution to July 1, 2018. Motion passed 310. B. Conditional Use Permit for Coffee Shop with Drive -thru Service and Outdoor Seating Applicant: Dave Watson Location: 19245 and 19285 State Highway 7 Acting Mayor Siakel stated that during Council's August 28, 2017, meeting Council continued the consideration of a conditional use permit (C.U.P.) for the Watson Vinehill, LLC, proposal to redevelop the properties located at 19245 and 19285 State Highway 7 for a coffee shop (Starbucks) with drive -thru service and outdoor seating to this Council meeting. She explained that since the August 28 meeting there have been additional discussions between the Cities of Shorewood and Minnetonka about the proposal. The Cities want to make sure that whatever decisions are made are in the best interests of all parties. Continuing this item to Council's September 25 meeting would allow parties to investigate various options further. Siakel moved, Labadie seconded, continuing the consideration of a conditional use permit for a drive thru service window for the Watson Vinehill, LLC, proposal for a coffee shop (Starbucks) with drive -thru service and outdoor seating for the properties located at 19245 and 19285 State Highway 7 to the September 25, 2017, Council meeting. Motion passed 310. A. Municipal Separate Storm Sewer System (MS4) Stormwater Report by Paul Johnson, Environmental Compliance Specialist, WSB & Associates Acting Mayor Siakel opened the Municipal Separate Storm Sewer System (MS4) Public Information Meeting at 7:15 P.M. Siakel noted Paul Johnson, Environmental Compliance Specialist with WSB & Associates, is present to make a presentation about the progress the City made during 2016 on its SWPPP (Storm Water Pollution Prevention Program) and to provide an overview of what will be done next with regard to stormwater management. The meeting should help educate Shorewood's residents. Public comment will be received. Mr. Johnson explained holding a Public Information Meeting about the City's SWPPP is a requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Phase 11 Municipal Separate Storm Sewer System (MS4) General Permit. The Permit is for five years and is required by the Federal Clean Water Act. The Minnesota Pollution Control Agency (MPCA) administers the MS4 permit. The stormwater program for MS4s is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. Stormwater discharges associated with MS4s are regulated through the use of NPDES permits. The permits are legal documents. Through the permit the City is required to develop a SWPPP that incorporates best management practices (BMPs) applicable to its MS4. An MS4 is a conveyance or system of conveyances (e.g.; roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, storm drains). An MS4 is owned or operated by CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 5 of 13 a public body (e.g.; state, city, town, borough, and county) created by or pursuant to State Law. It is designated or used for collecting or conveying stormwater which is not a combined sewer. It is not part of a publicly owned treatment works. Shorewood is designated MS4 because it is a city with a population greater than 5,000 and it discharges or has the potential to discharge to valuable or polluted waters. There are impaired waters in Shorewood. He reviewed the progress the City had made in 2016 to satisfy the MS4 Permit. ® Public education /Outreach • City website — it contains a lot of information about stormwater related activities. • City newsletter — a number of articles were published about stormwater related information. • Social Media (Facebook, Twitter, etc.) — there has been an attempt to incorporate social media more to keep residents informed. • Resident guide — it contains information about what residents can do with things such as lawns and landscaping. • Recycling • Spring Garden Fair — that provides a great opportunity to encourage people to plant native plants. • Construction site inspections. • Plan Reviews for construction sites • Stormwater system inspections Street sweeping — it is estimated that the City removes 57 pounds of phosphorus annually. He displayed a copy of the Shorewood MS4 organizational chart. He explained the City's SWPPP had six minimum control measures (MCMs) which are used to evaluate the City each year. He highlighted some things the City needs to undertake per its current MS4 General Permit. ➢ MCM 1 — Public Education and Outreach • Prioritize education activities within the City of Shorewood — focus on areas without stormwater treatment, assess areas with curb and gutter where there is not treatment and assess areas discharging to water bodies (e.g.; Lake Virginia) that have degraded water quality. • Educate the public and commercial businesses on illicit discharge detection and elimination (IDDE) with handouts, surveys, newsletters, social media, etc. ■ Partnerships — have an education planning meeting. ■ Document specific MCM I information. ➢ MCM 2 — Public Participation and Involvement • Provide public notice of the annual public information meeting (this meeting) to provide the public an opportunity to comment on or present issues with the City's SWPPP. • Document specific MCM 2 information. ➢ MCM 3 — Illicit Discharge Detection and Elimination CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 6 of 13 • Assess the need to revise the ordinance with regard to IDDE. Ordinances are enforced administratively. • Complete training of all field staff in recognition of illicit discharge. That should be done in the early part of the summer when all seasonal staff members are present. • Detection — look for illicit discharges when doing inspections and when doing routine activities. • Document specific MCM 3 information. ➢ MCM 4 — Construction Site Stormwater Runoff Control • Assess the need for ordinance revisions to comply with the new permit coverage. ■ Conduct plan reviews and inspections for all sites one acre in size or greater. ■ Document specific MCM 4 information. ➢ MCM 5 — Post - Construction Stormwater Management Assess the need for ordinance revisions to comply with the new permit coverage. �3 New development with no net increase in volume, TSS (total suspended solids) and TP (total phosphorous) from pre - project conditions. Redevelopment with net reduction of volume, TSS, and TP from pre - project conditions. Long -term maintenance — develop post construction regulatory mechanisms to allow Shorewood to conduct inspections, perform maintenance, and assess costs to maintain structural stormwater BMPs constructed after the permit is in effect. Document specific MCM 5 information. ➢ MCM 6 — Pollution Prevention and Good Housekeeping for Municipal Operations • The Storm Water Asset Management Program (SWAMP) is a system designed to help prioritize pond inspections and management activities. WSB helps Shorewood with doing that. • Complete inspections for: structural stormwater BMPs (annually); outfalls (once per 5 year permit term); ponds (once per 5 year permit term); and, stockpiles and material handling areas (quarterly). ■ Implement the annual stormwater management training program. • Document specific MCM 6 information. He reviewed the MS4 checklist. ■ Site plan review for post construction when the proposed project results in 1 or more acres of new impervious surface or fully reconstructs 1 or more acres of impervious surface • Construction site inspections ■ Initial inspection in accordance with the City ordinance ■ Project completion inspection ■ At any other time, at the issuing authority's discretion ■ City owned projects weekly and within 24 hours of /z inch or more rain event • Annual structural stormwater BMP inspections for stumps, grit chambers, baffles, stormceptors, rain gardens, infiltration basins, and other pollution control devices • Stormwater catch basin inspections — do 20% annually • Stormwater pond inspections — 100% are inspected once within a 5 year permit cycle • TSS and TP assessment of ponds — should be completed after the initial inspection is completed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 7 of 13 • Outfall inspections of culverts, or pipes of 12" or greater, that outfall into public lakes, rivers, stream or wetlands. 100% are inspected once within a 5 year permit cycle • Annual training on the MS4 program, illicit discharge, erosion and sediment control BMPs. • Quarterly inspection of the City's facilities (e.g.; the Public Works facility, the material storage yard, streets and parks) • Public education via newsletter articles and the City's website. • Public involvement (i.e.; the annual SW,PPP Public Information Meeting) • Annual reporting is due June 30 each calendar year. IIe highlighted some stormwater improvement opportunities. ➢ Grants through the Minnesota Board of Water and Soil Resources (BWSR). ➢ Street improvement projects. ➢ Minnehaha Creek Watershed District cost -share grants — the grants can be up to 50% of the project cost. Be then highlighted next steps. ➢ Continue to provide education for high performance areas. ➢ Continue to conduct staff training. ➢ Continue to perform inspections for illicit discharges, construction sites, and post - construction sites. ➢ Complete stormwater system inspections and maintenance. ➢ Continue to document MS4 activities. That is the most crucial element to a possible future MS4 MPCA audit. Mr. Johnson offered to entertain questions. Acting Mayor Siakel opened the Public Testimony portion of the Public Information Meeting at 7:33 P.M. George Greenfield 24715 Yellowstone Trail, asked Mr. Johnson if he has been involved with the approval of drainage project on the Minnetonka Country Club (MCC) redevelopment project site. Mr. Johnson noted he was not. Mr. Greenfield asked why that was. Mr. Johnson explained he is a compliance specialist and gets involved with MS4 programs; he has not been involved with that project. Mr. Greenfield asked why it is more environmentally sound to direct 100s of 1,000s of gallons of highly polluted water directly into Lake Minnewashta rather than into the regular system like the one on the MCC site. Councilmember Johnson explained that prior to the Wetland Conservation Act going into effect in 1990 there were no rules and regulations. Cities were able to discharge stormwater water into wetlands, lakes, rivers and streams without pretreating the water. The MPCA through the MS4 General Permitting process has regulations requiring stormwater to be pretreated before it enters into a wetland or a public water body. Mr. Greenfield asked if the water sitting in holding ponds is considered treatment. Mr. Johnson confirmed that and explained that settles sediment out. There are also infiltration basins that help infiltrate the water. There are stormwater structural BMPs. There are storm catch basins that have sumps in them that collect sediment. Rain gardens can also be used for treatment. Mr. Johnson stated because of new development practices used by cities there are more developments with swales, vegetative buffers and infiltration basins. Stormwater ponds are only functional for so many years and the length of time depends on the number of rain events there have been. As part of the MS4 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 8 of 13 permit the stormwater ponds get inspected (once in the five year permit cycle) to ensure determine if they are functioning to their full capacity., Mr. Greenfield asked what happens to the sediment and chemicals that collect in a stormwater pond. Mr. Johnson explained when a pond is inspected samples are taken to determine the TSS and TP levels. The ponds with the higher levels are cleaned out first. If the sediment contains contaminants the sediment would go to landfills. Mr-. Greenfield asked if there is any danger that the contaminants in the bottom of a pond could seep into the ground water supply. Mr. Johnson stated he is not aware of that happening. Mr. Greenfield stated Shorewood increased its storm water utility rate by more than 20 percent last year and that was 10 times more than the rate of inflation. That increase was published in the Shore Report. He explained in response to that increase he wrote to the City and asked for justification of that increase. He received a list of projects done over the last few years and the cost of them. One project on the list which was in his neighborhood was supposedly done for a cost of $100,000. He found out that project was never done. He thought there was one other project that he did not think ever got done. He encouraged the City to review that list. He did not think it was right to send out information that was not accurate. Acting Mayor Siakel explained the decision to increase the storm water rate was not made lightly. The City had hired a consultant to review fees /rates and expenditures to find out of the revenues were covering the associated expenditures and to determine what the future needs were. She thought the increase was $6 per quarter, but she was not sure. Mr. Greenfield stated his quarterly fee increased from $20 to $27. Siakel stated that based on the needs and the regulations the City has to comply with Council thought it prudent to increase rates. Mr. Greenfield noted he does not doubt that and stated he thought that should be made clear to residents. Administrator Lerud stated he sent Mr. Greenfield a copy of the Capital Improvement Program (CIP) projects for the last few years. He clarified he had told him that he was not sure that work had been done. Mr. Greenfield stated that generally subscribes that everyone in Shorewood should contribute equally toward paying the cost of significant City projects. But, in the case of stormwater runoff some residents do not have any stormwater runoff. They have no sewers or curbs and gutters yet they are charged the same storm water rate as others in the City are charged. He clarified he is somewhat ambivalent about that. He thought it was somewhat unfair that, for example, the new MCC development has storm sewers every 15 feet. Yet, there has never been one on his street noting the drainage is not the greatest. He then stated he thought the project done by the Minnehaha. Creek Watershed District (MCWD) on the MCC site was an initial failure. There was standing water in his neighborhood for four months. He questioned if it was corrected properly. He asked Mr. Johnson if he had inspected that project. Mr. Johnson responded he had not. Acting Mayor Siakel stated sometime during a five -year period that will be inspected and that she assumed the ponds are inspected on a rotation schedule. She thanked Mr. Greenfield for his comments and questions. Mr. Johnson explained that WSB acts as a liaison to the City in managing its stormwater program. City staff is responsible for doing curb and gutter, catch basin, and stormwater BMP inspections. WSB does the stormwater pond inspections. The cleanout of the ponds are prioritized based on what WSB finds. Director Brown explained that almost 90 percent of the inspection items Mr. Johnson mentioned are done by Public Works personnel unless it involves surveying or chemical testing. One of the last stormwater pond projects was the inspection of Manor Pond. It was determined that it would cost more than $300,000 to dispose of the contaminated sediment that had accumulated in the Pond. That contamination was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 9 of 13 caused by the use of coal tar -based sealants in the past. He anticipates that same type of contamination will be found in other stormwater ponds that that have been around for a long time. He noted that WSB is responsible for monitoring if the City complies with the EPA standards which require ponds be inspected and maintained. Mr. Greenfield asked Director Brown if it is 'likely that the stormwater ponds on the MCC site would end up like Manor Pond. Brown stated he does not think so because the Minnesota Legislature banned the sale and use of coal tar -based sealants a few years ago. Brown then stated the WSB inspections staff monitors things to ensure that the ponds and stormwater systems are constructed to the approved standards. He went on to state that before the City takes ownership of the ponds on the MCC site there will be a final inspection of the ponds. Councilinernber Johnson asked what agency the Annual Report is submitted to and would it be publicly accessible. Mr. Johnson stated the Annual Report is due at the end of June. It is a summary of the six MCM requirements and what the City had done throughout the previous year. Mr. Johnson stated he works with staff to prepare the Report. Director Brown noted the Report is also sent to Council and it is available on the City's website. Acting Mayor Siakei closed the Public Information Meeting at 7:48 P.M. B. Accept Bids and Award Contract for the 2017 Pavement Reclamation Project, Howard Point Road, Kathleen court, Oak Ridge Circle, Summit Avenue, City Project 17 -13 Engineer Fauske explained the initial 2017 Pavement Reclamation Project included the reclamation of Howards Point Road, Kathleen Court, Oak Ridge Circle and Summit Avenue. There have been some additions to the Project. They include the replacement of a culvert between the wetlands and Eureka Road North and paving the raised gravel area of the roadway. Also added are the construction of concrete curb and gutter and the installation of blinker stop signs at the Country Club Road and Lake Linden Drive intersections with Yellowstone Trail. The project was bid out with a 25 foot radius for the curb and gutter at both intersections. Should the project be approve the radius can be altered to 20 feet in the field if that is Council desires. The City received four bids for the project. They were opened on August 31 and WSB tabulated the bids. The bids came in a little higher than anticipated because of the increases in bituminous prices due to an oil price hike due to refineries in Texas being shut down because of the hurricanes. The low bidder was C.S. McCrossan Construction, Inc., for an amount of $810,924.60. She noted the total project cost includes a 5 percent construction contingency Councilmember Johnson asked if any consensus has been reached about whether or not the radius should be 25 feet for 20 feet. Director Brown stated Mayor Zerby had a strong interest in the size of the radius and noted there is time to make that decision. Director Brown stated that the Country Club Road and Lake Linden Drive intersections with Yellowstone Trail are 3- legged intersections. The blinker stop signs will be on the two busiest approaches and a regular stop sign will be on the minor leg due to the cost of the blinker signs. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 17 -079, "A Resolution Accepting Bids and Awarding Contract for the 2017 Pavement Reclamation Project, Howards Point Road, Kathleen Court, Oak Ridge Circle, Summit Avenue, City Project 17 -13, to C.S. McCrossan Construction, Inc. for $810,924.60." Motion passed 3/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 10 of 13 9. GENERAL/NEW BUSINESS A. Adoption of the Preliminary 2018 General Fund Operating Budget and Tax Levy Administrator Lerud noted that by law the City has to approve a preliminary budget by September 30 of each year. He explained that Council discussed the preliminary 2018 General Fund Operating Budget during work sessions on August 14 and on August 28. During those discussions a 2.9 percent tax levy increase was proposed for 2018. The certified preliminary levy amount cannot be increased before it is adopted during the December 4, 2017 Truth -in- Taxation hearing. It can be decreased. The resolution Council is being asked to adopt reflects the 2.9 percent Levy increase. Acting Mayor Siakel recommended Council set the 2018 maximum tax levy amount to reflect a 4 percent increase when compared to the actual 2017 levy amount. Doing so would allow Council some flexibility during the remainder of the 2018 budget discussions. She reiterated the levy amount can be decreased before it is adopted on December 4. Siakel moved, Adopting RESOLUTION NO. 17 -080 "A Resolution Adopting the Preliminary 2018 General Fund Operating Budget and Tax Levy Increase of 4 Percent" subject to changing the tax levy amount to reflect a 4 percent increase over the adopted amount for 2017. Colmcilmember Labadie asked Acting Mayor Siakel to explain her rational for changing the maximum tax levy increase to 4 percent. Acting Mayor Siakel stated doing so would give Council a little bit of flexibility during the 2018 budget process between now and the December 4 Truth -in- Taxation hearing. She then stated that since she has been on Council she thought Council has been very respectful of only levying what is needed. She noted the additional 1 percent increase is about $50,000. Councihnember Johnson stated he was comfortable with a maximum tax levy increase of 4 percent. Councihnember Labadie stated she can support a maximiun tax levy increase of 4 percent until Council and staff are further along in the 2018 budget process. Labadie seconded. Motion passed 310. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Administrator — Gravel Street Paving Administrator Lerud explained there are three streets in Shorewood that have a gravel surface. The City received a request from one resident asking what it would take to pave one of those roadways. The City does not have a written policy about how to pay for the cost to do that. Based on what he has been told in the past the City has said the resident(s) would have to pay one hundred percent of the cost for the initial paving. He asked if Council would like to discuss the need for a policy and if so what the policy should be during a work session. CITY OFF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 1.1 of 13 Councihnember Labadie asked if the City's Zoning Code requires a request from property owners living along a. street to pave a roadway. Attorney Keane responded no. Labadie stated that means the City could initiate an improvement project. Keane confirmed that. Labadie stated she thought there are more than three gravel streets in the City. Director Brown noted there are only three and they are Maple Avenue, Enchanted Point, and Wiltsey Lane. He stated a few years ago the City did a pilot program called Otta seal where Enchanted Point was sealed much like a sealcoat. That has held up relatively well. Through part of the sealcoat process that was done again for the majority of that roadway. Acting Mayor Siakel stated she thought there would be value in discussing a policy. Other Administrator Lerud stated a franchise agreement has been sent to CenterPoint Energy for comment. Director Brown stated Council had been informed that Public Works had made two watermain repairs. They were successfully completed without incident. Engineer Fauske stated the curb work on Chaska Road near the Oppidan project was completed the previous week. The plan was to backfill behind the curb the next day. That has to be done before a street can be paved. The manhole lids will be raised in the next day or two. Staff has been told the paving will start on or before September 15. She explained part of Mill Street is closed because of a utility project in Excelsior. Mill Street is an extension of Powers Boulevard out of Chanhassen. City staff has been receiving phone calls from residents along Galpin Lake Road who are concerned about the increase in traffic because drivers are not taking the detour route (Highway 101). She stated Metropolitan Council Environmental Services (MCES) will be doing some sanitary sewer work at night on Christmas Lake Road north. MCES has not confirmed the date yet. Fauske explained that the City has been notified by the Minnesota Department of Transportation (MnDOT) that effective September 12 MnDOT is changing the posted speed limit on Highway 7 from 50 to 55 miles per hour (mph) for the portion of the Highway that starts 350 feet west of Church Road and goes east up to the intersection with Highway 41. It will take two to three days for MnDOT to install the new speed limit signs. Councilmember Labadie asked if that increase in speed is based on a traffic study. Engineer Fauske stated that typically MnDOT sets the speed at the 85t" percentile (the speed 85 percent of the vehicles travel at) unless there is an overwhelming geometric constraint on the roadway. Director Brown stated about 1.5 years ago MnDOT decided to increase the posted speed on Highway 7 to 55 mph from 50 mph starting at the intersection of Highway 7 and Highway 41 and going east. The speed data MnDOT had gathered showed the 85 "' percentile was 57 or 58 mph. The speed limit west of that intersection was not changed to 55 mph. Labadie then asked if the City has received any indication that MnDOT might conduct counts at intersections west of the Highway 7 / Highway 41 intersection and possibly consider a stop light at one of those intersections. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 12 of 13 Director Brown explained Shorewood had petitioned for a traffic signal at the intersection of Eureka Road and Highway 7 and Chanhassen had petitioned for a signal at the Minnewashta Parkway / Highway 7 intersection. Councilmember Labadie stated if the Cities of Shorewood and Chanhassen joined forces to petition for a traffic signal at the Minnewashta Parkway / Highway 7 / Church Road intersection she asked if that would carry more weight with MnDOT. She then stated drivers are already traveling about 58 mph when the posted speed is 50 mph west of the Highway? / Highway 41 intersection. When the posted speed limit in increased to 55 mph drivers will be traveling at speeds over 60 mph. She thought it prudent to have a traffic signal at the Minnewashta Parkway / Highway 7 / Church Road intersection or the Eureka Road / Highway 7 intersection. Acting Mayor Siakel stated she thought that when the traffic signal at the intersection of Smithtown Road and Highway 7 was installed MnDOT stated it favored service roads feeding a traffic signal over installing more signals. She then stated she is not sure what the City can do about MnDOT increasing the posted speed west of I lighway 41 other than voice opposition about it. Director Brown stated there may be some benefit in the two cities presenting a united front in an appeal to MnDOT. Acting Mayor Siakel suggested drafting a letter to MnDOT and including Minnetrista and other cities which border Highway 7. She also suggested Mayor Zerby contact the other mayors. Director Brown suggested staff contact other communities and if they share Shorewood's concerns then they should adopt resolutions of support and send them to MnDOT. Acting Mayor Siakel suggested drafting a sample resolution that could be sent to other cities for consideration. Councilmember Labadie supported that idea. Councilmember Labadie stated there are three times of the day when the traffic issue at those intersections is more problematic — in the morning with the combined traffic going to the High School, in the mid - afternoon when the High School gets out, and during rush hour. At those times is it nearly impossible to come from the north side of Highway 7 and take a left turn to go east on Highway 7 without a driver feeling like they were putting their life in danger. Councilmember Johnson stated that when the Boulder Cove development was being built there had been discussion about this with Chanhassen and MnDOT. Since then things have changed making the situation worse. An example is the added traffic from the new Woodland Cove development. Director Darling explained that in July the received a petition from a group of residents expressing concern about the lack of landscaping for the Metropolitan Council Environmental Services' (MCES') Lift Station 18 replacement project near Christmas Lake Road and 3rd Avenue. Staff had been directed to work with MCES staff and the residents to come up with an improved landscaping plan. She thought the revised plan MCES prepared is acceptable to all those involved. The revised plans include adding a four - foot berm along 3rd Avenue and planting additional trees. Staff worked with MCES on the type of trees and where they should be planted. Staff believes the revised plan can accommodate drainage. She noted staff has given MCES the go ahead to move forward with the new plan. Councilmember Labadie asked if the revised plan will have any financial impact to Shorewood. Director Darling responded no. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 11, 2017 Page 13 of 13 B. Mayor and City Council Councilmember Johnson stated he and his family attended the Movie in the Park event held in Freeman Park on Friday, September 8. The event was well attended and the movie basically started on time. He thought City staff did a great job planning and organizing the event. He stated that for future Movie in the Park events he suggested someone from Council and /or the Park Commission give some welcoming remarks and after the event staff should make an attempt to solicit feedback about the event. IL ADJOURN Siakel moved, Labadie seconded, Adjourning the City Council Regular Meeting of September 11, 2017, at 8:18 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder T I Uy'/ Sandie Thone, City Clerk