10-09-17 CC Reg Mtg MinutesCITY OF SHORE, WOOD
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 9, 2017
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Zerby called the meeting to order at 7:05 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Johnson, Labadie, and Sundberg; Attorney Deane; City
Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public
Works Brown; and, City Engineer Fauske
Absent: Councilmember Siakel
B. Review Agenda
Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 4/0.
2. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolution Therein.
A. City Council Work Session Minutes of September 25, 2017
B. City Council Regular Meeting Minutes of September 25, 2017
C. City Council/Planning Commission Joint Session Meeting Minutes of September 25,
2017
D. Approval of the Verified Claims List
E. Accept Professional Services Agreement with WSB & Associates for the Shorewood
Lane Ravine Restoration, City Project 17 -15
F. Adopting RESOLUTION NO. 17 -086, "A Resolution Approving Licenses to
Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore
#12, Lucky's Station LLC #7, Shorewood Cigars and Tobacco, Inc., and Wine &
Spirits by JD dba MGM Liquors.
Motion passed 4/0.
3. MATTERS FROM THE FLOOR
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A. Chaska Road Complaint and Petition — Cindy Marr
Cindy Marr, 6015 Chaska Road, explained the neighborhood she lives in has grown because of the new
Shorewood Landing Senior Living development. She is requesting on behalf of the residents in her
neighborhood the city to assess traffic speed and traffic volume on Chaska Road. She requested the city
wait to do the assessment until Mill Street is reopened in the City of Excelsior and southbound Highway
41 at Highway 5 is reopened. Those construction situations have contributed to an increase in traffic of
approximately two- thirds daily by drivers who are cutting through on Chaska Road.
The residents have five requests for action from the city. One of them has already been fixed. The other
four requests are as follows.
Place stop signs at the three corners of Mayflower Road and Chaska Road intersection. It is
rounded corner and it is very easy for drivers to approach it at very high speeds. The proposed
stop signs may slow drivers down. She explained that in 1997 her husband was in his vehicle near
their mail box and was struck head on by a driver going 55 miles per hour (mph), based on the
police report. The engine on her husband's car was pushed into the passenger's seat and his car
was thrown into the parking lot of what is now Shorewood Landing; a distance of more than 55
feet. She knows there are speeders on Chaska Road because of that one police repor.t-. She
expressed concern about the safety of their new neighbors, who are all seniors. After the curb was
installed drivers have been using that as a straight line. It appears to her that drivers are coming
off of Highway 7 even faster.
2. They would like the westbound turn lane on Highway 7 closed by the Minnesota Department of
Transportation (MnDOT). That was done while the watermain extension project was going on.
They would like to have Chaska Road dead end at Mayflower Road. That is similar to what the
city did at Christmas Lake where a barrier was installed that could be moved if need be for
emergency vehicles.
4. Consider the installation of speed bumps.
The fifth request, which has been done, was to adjust the U turn at Highway 7 so that drivers can make a
turn on to Galpin Lake Road and not drive down Chaska Road.
The turn off the of westbound left lane of Highway 7 to cross over to Chaska Road is fairly straight; it
does not encourage drivers to slow down.
Ms. Marr stated the residents are imploring the City to help with managing the traffic speed and traffic
volumes after Mill Street and Highway 41 are reopened. She noted that on December 1, 2017, residents
will start to move in to the Shorewood Landing. The residents would like to have some safety changes
made before a senior resident gets hurt.
Councilmember Sundberg stated she thought the residents' requests are entirely reasonable. She then
stated from her perspective she would like staff to look into this. She expressed her appreciation for the
residents being reasonable and understanding.
Ms. Marr believed early in 2018 would be a good time for staff to assess things. By then the construction
on Mill Street and Highway 41 should be done and the initial flux of residents should have moved in to
Shorewood Landing. She stated the traffic on Chaska Road creates frightening conditions. She noted the
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residents believe the ultimate goal is to lower the speed drivers are traveling at. She explained when
drivers are driving north on Highway 41 and exit on Chaska Road they are traveling fast. She suggested
there be a joint effort between Shorewood, Chanhassen and MnDOT to try and reduce speeds drivers are
traveling at.
Mr. Marr noted that Galpin Lake Road was once intended to be a county road; a main thoroughfare.
When things were changed on Highway 7 traffic shifted to Chaska Road.
Mayor Zerby stated one of the things contributing to the issue is all of the new development along
Highway 5.
Ms. Marr stated if Chaska Road was closed to thru traffic that would shift drivers to other neighborhoods.
She expressed the residents would be appreciative if the city found some way to help mitigate the
speeding issue.
John Macauley, 6025 Chaska Road, noted be lives next to Ms. Marr and that he agrees wholeheartedly
with what she has said. He stated he has almost been hit by a vehicle several times while walking his
dogs. He stated the construction crews have done the best that they can. He expressed his surprise that no
one has been hurt yet.
Mayor Zerby asked Director Brown if MnDOT has been reluctant to changing the exit off of Highway 7
on to Chaska Road. Engineer Fauske stated staff can ask MnDOT about the possibility of closing that
exit.
Ms. Marr stated the original objective was to stop drivers from taking a left turn on to Highway 7 to go
and exit on to Galpin Lake Road so the exit off the left most lane of Highway 7 was made to be more of a
straight rather than a U shape. If the exit there could be made into a U shape so drivers could exit on to
Galpin Lake Road that would lessen some of the traffic exiting on to Chaska Road. She thought the shape
of the exit is a problem and modifying that would help. It would also help to close the exit on to Chaska
Road from Highway 7. She thought that had worked dining the watermain extension project. Mayor
Zerby stated based on his observations closing that exit would be a good idea noting it did seem to
function well when it was closed dining construction. Ms. Marr stated doing that would improve safety
and it would create a more peacefid area.
Mayor Zerby stated he believed the exit off of westbound Highway 7 over to Chaska Road was designed
to be more of a straight shot to make it safer to cross eastbound traffic on Highway 7.
Zerby requested staff reach out to MnDOT to find out what, if anything, it is willing to change. Engineer
Fauske agreed to contact MnDOT.
Councilmember Johnson stated if he worked for Oppidan he would be willing to close the exit on to
Chaska Road. He asked if anyone had spoken with Oppidan representatives about doing that. Ms. Marr
stated the person from Oppidan she spoke with seemed to be willing to support that concept at a later date
when she was not so busy.
Mayor Zerby stated when the traffic returns to being somewhat more normal he recommended the city
perform a speed study for that area. After that, staff and council can discuss various options that would
help address the residents' traffic concerns.
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Ms. Marr stated that in the more immediate future she would like to have the three stop signs installed at
the Chaska Road and Mayflower Road intersection.
4. PUBLIC HEARING — no public hearings.
5. REPORTS AND PRESENTATIONS — no reports and presentations were heard.
6. PARKS — no Parks related reports or action items.
7. PLANNING
A. Report by Commissioner Riedel on the October 3, 2017, Planning Commission
Meeting
Planning Conunissioner Riedel reported on matters considered and actions taken during the October 3,
2017, Planning Commission meeting (as detailed in the minutes of that meeting and the staff report for
that item).
Councilmember Johnson noted he was the Council Liaison during that meeting and stated he thought the
Planning Commission spent a great deal of time discussing the detail of staff's recommended changes to
the Zoning Code. He stated he was involved in the discussion regarding the public hearing versus public
meeting proposed changes and that he agrees with the amendments recommended by staff and the
Planning Commission.
8. ENGINEERING/PUBLIC WORKS — no Engineering/Public Works action items.
9. GENERAL/NEW BUSINESS
A. Assessment Policy for Unpaved Streets
Administrator Lerud explained that during council's September 11, 2017, meeting there was discussion
regarding whether or not there was a need for the city to have a formal policy regarding what the city's
responsibility is when it comes to paving city -owned unpaved roads. There are only three unpaved
roadways; Maple Avenue, Enchanted Point, and Wiltsey Lane. The city relatively recently received a
question from an owner of a property abutting one of those roadways regarding what the process is for
having an unpaved road paved and who bears the cost for the initial paving. The city's past practice has
been to assess 100 percent of the cost of the initial paving. He clarified that the city is not required to have
an assessment policy, but staff recommends adopting one and this policy could eventually be incorporated
into an overall assessment policy if/when one is adopted.
The draft policy specifies the reasons for paving a roadway. Council needs to determine what percent of
the paving cost should be assessed to the owners of the adjoining properties. It also specifies that if
council determines it is in the best interest of the city to pave a roadway and if 100 percent of the owners
of the adjoining properties do not petition for the paving, the benefitting property owners shall be
assessed 100 percent of the cost of the improvement.
The rationale for the practice of assessment of 100 percent is that anyone who purchased a property along
a gravel road did so knowing that the cost of a paved road was not factored into the purchase price for
their property.
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Councilmember Johnson stated there is only one household along Maple Avenue. He asked how many
households there are along the other two unpaved roadways. Director Brown stated there are five along
Wiltsey Lane and approximately 12 along Enchanted Point. One of the challenges along Wiltsey Lane is
the homes front State Highway 7 on one side and Wiltsey Lane on the other side. He noted Lagoon Drive
has a gravel surface but is not a city -owned road.
Mayor Zerby asked who pays for stormwater management improvements if /when those three roadways
are paved. Administrator Lerud explained the policy is written such that the overall cost (from feasibility
to installation) for those improvements would be included in the assessment amount.
Zerby stated Eureka Way is unpaved. Director Brown clarified that is a private road.
Zerby then stated he is open to assessing for less than 100 percent of the cost to property owners because
they are public roads. Councilmember Johnson stated he agrees with less than 100 percent because that
may provide an incentive for some of the property owners to want to do it.
Zerby asked Director Brown if he believes there is a public benefit to paving those three unpaved roads.
Brown stated for property owners there would be less wear and tear on their vehicles. From a time
perspective, paved roads take less maintenance. With gravels roads residents expect things like potholes
to be dealt with quickly. Zerby stated paved roads tax Public Works personnel slightly less than a gravel
road does. Brown concurred.
Councilmember Johnson stated Maple Avenue is about 200 yards long. The length of the private
driveway to get to that street is about 500 yards long. He does not envision the owner of that property
adjoining Maple Avenue petitioning the city to have it paved.
Director Brown stated staff recently had discussion about the possibility of bringing Maple Avenue into
the Church Road cul -de -sac, vacating the right -of -way (ROW) and leaving a utility easement in place for
the existing utilities. Councilmember Johnson stated he would support doing that.
Mayor Zerby stated he recollects various councils being criticized numerous times for having gravel roads
in Shorewood. Those criticizing do not have a good understanding of why those gravel roads exist.
Zerby proposed 80 percent of the total cost to pave a gravel road be assessed to the benefitting properties
with the city paying the remaining 20 percent. Councilmember Johnson proposed a 90/10 split.
Councilmember Labadie stated she thought it was difficult to decide what portion should be assessed
without knowing what the cost to make the improvements would be noting she understood council is
being asked to approve a general policy that would only apply to three roads. She then stated if council
were to approve a policy with a specific assessment amount included she thought it prudent that the
council have a right to review the assessment on a road by road basis.
Administrator Lerud noted it is a policy and not a mandate. He clarified that with supporting justification
council can change the assessment percentage on a per road basis.
Attorney Keane stated some communities establish the assessment on a fixed amount front lineal foot
basis. The fixed amount is adjusted from time to time. That approach provides some level of certainty for
the petitioning property owners.
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Mayor Zerby stated the street maintenance schedule developed by staff includes a lot of information
about the estimated cost to make various improvements to roadways.
Zerby asked Councilmember Labadie if she would like staff to come back with total cost estimates to
make all improvements to the three gravel roads. Labadie stated not necessarily because staff has
reassured council that they will have the opportunity to review the assessment percentage on a road by
road basis.
Director Brown stated staff could calculate the value of having a gravel road versus a prepared surface.
Those values could help the council come up with an assessment percentage amount.
Councilmember Johnson suggested the assessment amount be 100 percent and that the policy specify that
the council has a right to review the assessment amount on a road by road basis.
Johnson moved, Labadie seconded, adopting the Assessment Policy for Paving Streets and Roads
That Have Not Been Paved subject to setting the assessment amount at 100 percent of the total cost
and including a stipulation that council has the right to review the assessment amount on a road by
road basis. Motion passed 4/0.
10. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Watermain Report
Director Brown stated the city has experienced a few watermain issues over the last two weeks. Two were
breaks and one was a repair connected with the Badger Park improvements project. They have all been
addressed.
Other
Director Brown stated that during the October 7th shredding event there were 5,736 pounds of paper
collected. The event was held at the Public Works facility because of the improvements going on in the
City Hall campus area. He thought vehicles flowed better at the Public Works facility.
Brown noted the city is still awaiting the arrival of the replacement speed awareness display sign for
Country Club Road. The sign will be put up within one business day after arrival.
Mayor Zerby stated from his perspective there seems to be a trend with watermain valve issues because of
deterioration under hot soils. If there is a trend he asked if the city should be taking proactive actions. He
assumes that would be less costly than waiting until things break.
Director Brown explained he had asked a vendor the city does business with to provide a quote for
replacing bolts that have deteriorated noting the bolt replacement does not include replacing the entire
valve. The quote he received was a per bolt quote. Procedures have been changed so anytime there is
digging down to a point where a watermain is touched cathodic protection is included. He then stated that
he and Engineer Fauske have discussed that as part of any reclaim project the feasibility of
repairing/replacing bolts and valves be considered. Mayor Zerby asked if that increased cost will impact
the 2018 budget. Brown stated he was certain the repair budget will have to be increased to cover valve
replacements and watermain breaks. Brown expressed disappointment that the quote provided for
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October 9, 2017
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replacing bolts before they fail is not significantly different than the cost for making emergency repairs.
Zerby asked that staff assess the need to increase the budget before the final budget needs to be approved.
Councilmember Johnson stated it.was his understanding that when a bolt goes there is a very slow leak. It
seems the city has been willing to wait to make a repair during normal working hours. Director Brown
stated there are two types of failures. One is slow and they can be fixed in the next three days or less. The
other must be fixed more immediately.
Engineer Fauske provided an update on city projects; 1) Mill Street project in Excelsior, the watermain
installation is complete and, weather permitting, it is anticipated the installation of curb and gutter and
patching will be done this week, 2) Badger Park improvements project, the utility work should be finished
this week weather permitting, 3) 2017 Reclamation Project, the contractor's goal is to get the reclamation
machine on site this week weather permitting.
Director Brown stated he intends on speaking with various members of the engineering group regarding
pushing the 2017 Reclamation Project out to 2018. There have been past discussions about starting
projects earlier in the year. Doing so would probably take one year to put in place because the entire
process would have to be started one year earlier. He may be coming back before council to say from his
perspective it may be prudent to move the project out to 2018 if the contractor is willing to hold its
current prices. Staff discussed this option last week due to rain conditions. Staff has spoken with the
contractor about bringing in the reclamation equipment earlier than what is happening.
Mayor Zerby stated he understands weather delays and seasonality. He noted he was disappointed about
there being a delay and he thought for sure the residents living along Eureka Road would also be
disappointed. The Eureka Road issues have been ongoing since last spring and the council has been
hearing from residents regarding the issues for a number of months. He expressed frustration that a
project that has been talked about since last spring may all of a sudden not get done this year because of
weather.
Councihnember Sundberg thanked staff for trying to get things back on track in order to meet everyone's
expectations. She stated she thought staff is appropriately alarmed.
Director Darling stated that during its October 23rd meeting council will consider amendments to the City
Code. She stated that open houses regarding the Comprehensive Plan are scheduled for October 25th,
26lb, and 30th at various times during the day.
Cotmcilmember Sandberg asked if council will be asked to take action on the proposed City Code
amendments on October 23rd and Director Darling affirmed.
B. Mayor and City Council
Councilmember Sundberg stated she recently became aware that there is a developer who has been
working with the city regarding the Smithtown Road/Manitou Lane area. It is her understanding that there
have been meetings with some of the owners of businesses there. She asked at what stage in the process
could council expect to receive information regarding what is developing. Director Darling stated
discussions are still in their infancy stage. Staff has met twice with the developer and they will meet with
them again on October 10th to receive an update on the developer's discussions with affected businesses.
She will provide council with a summary during its October 23rd meeting.
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Sundberg noted it did not feel good to be clueless and she asked if there is a way to help ensure council is
in the loop and not caught off guard.
Administrator Lerud stated the developer's concept is very preliminary. During early discussions about a
proposal things that will not work are quickly weeded out.
Councilmember Sundberg clarified she does not want to interfere with staff's work. But, for a major
development she would appreciate not being caught off guard particularly when there are a lot of citizens
who are aware of it. She stated an email would be sufficient.
Mayor Zerby stated lie has serious concerns about what is being discussed. There is discussion about
constructing over 50 houses in the Smithtown Crossing Redevelopment Area. If the developer is thinking
that may be the way to go there could be value in discussing it with council.
Councilmember Sundberg stated she is comfortable with staff doing the assessment and then coming to
council with what is being contemplated.
h1 response to a comment by Mayor Zerby, Administrator Lerud clarified staff has not spent a lot of time
on what has been discussed to date.
Administrator Lerud stated in addition to the open houses regarding the Comprehensive Plan an online
survey will be placed on the city's website for those who do not want to come to an open house.
Councilmember Sundberg stated the city has not done a citizen survey for a member of years. She thought
it may be time to do another one.
Mayor Zerby stated he and Administrator Lerud had met with a vendor who offers surveys as a web
service.
Mayor Zerby stated a Shorewood resident, Steve Berger, lost his life during the recent Las Vegas
massacre. Mr. Berger had three children who all attend Minnetonka Schools. He asked people to take a
moment of silence in respect for Mr. Berger.
Councilmember Labadie thanked the Excelsior Fire District (EFD) for hosting a very informative Fire
Prevention Open House and Safety Fair on October 5th. She thanked Chief Gerber, Fire Marshall
Murphy - Ringate, the firefighters and others for their efforts.
Councilmember Sundberg stated the previous week she and Communications Coordinator Moore
attended a conference titled Leading the Clean Energy Transition hosted by Xcel Energy. While there she
encountered Michelle Swanson, the Community Relations Manager for Xcel for the southwest
metropolitan area, and spoke with her regarding the power outages that occur in the city. Ms. Swanson
expressed her willingness to come and update council on the progress Xcel has made on mitigating
outages.
Sundberg listed some of the statistics she learned at the conference. The CO2 level is the highest it has
been in three million years. There is on a one in 27 million chance that the CO2 level increased naturally.
There has been a 45 percent increase in heavy rain downpours in the upper Midwest. The mosquito
season has increased by 42 days in Minnesota.
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Sundberg stated that on September 25th Minnesota Representative Pugh met with council during a work
session. Communications Coordinator Moore suggested the city let Representative Pugh on what the city
has done with regard to renewable energy. She had spoken with Administrator Lerud about ensuring there
is ongoing communication with Representative Pugh about what the city's issues are and which
Representative Pugh could help with. She noted she would like to know how responsive Representative
Pugh is to the city.
Councihnember Labadie stated she would also like Administrator Lerud to follow -up with Representative
Pugh. She noted council raised a number of very important issues with Representative Pugh.
Mayor Zerby stated on the same night as the EFD's Fire Prevention Open House and Safety Fair the
South Lake Minnetonka Police Department (SLMPD) held its fast open house. There was a surplus
Desert Storm urban assault vehicle available to look at.
11. ADJOURN
Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of October 9,
2017, at 8:12 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
i
Sandie Thone, City Clerk