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11-13-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 13, 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 :02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson and Labadie; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and. City Engineer Fauske Absent: Councilmembers Siakel and Sundberg B. Review Agenda Labadie moved, Johnson seconded, approving the agenda as presented. Motion passed 310. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Labadie moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes of October 23, 2017 B. Approval of the Verified Claims List C. Adopting RESOLUTION NO. 17 -0919 "A Resolution Certifying Unpaid Charges on the 2017 Hennepin County Property Tax Rolls." D. Adopting RESOLUTION NO. 17 -092, "A Resolution Designating 2018 Polling Precinct Locations for the City of Shorewood." E. Authorization to Advertise for Public Works Position F. Holiday Schedule G. Adopting RESOLUTION NO. 17 -093, "A Resolution Approving Assessment for 26040 Wild Rose Lane, Shorewood. H. Adopting RESOLUTION NO. 17 -094, "A Resolution Accepting Improvements and Authorizing Final Payment for the Public Works Ravine Project and Smithtown Road Storm Sewer Extension, City Project 16 -10." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 2 of 7 I. Adopting RESOLUTION NO. 17- 095, "A Resolution Accepting the Work and Authorizing Final Payment 2017 Crackfill and Seal Coat Project, City Project 17- 01." J. Adopting RESOLUTION NO. 17 -0969 "A Resolution Accepting Improvements and Authorizing Final Payment for the 2017 Pavement Marking Project, City Project 17 -02." K. 2018 Tree Sale L. Adopting RESOLUTION NO. 17 -097, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids 2017 Inflow and Infiltration Project, City Project 17 -16." Motion passed 310. 3. MATTERS FROM THE FLOOR Andrea Lang, 5960 Mill Street, noted she wanted to come before Council in order to personalize her interactions with Council and staff. She had email and phone call exchanges regarding her request for a sidewalk along Mill Street. She thanked Council and staff for their time and also for their efforts to initiate discussions regarding that trail segment with members of the Excelsior Council. She stated she thought it would be difficult to get her neighbors to publicly express support for a sidewalk. Mill Street is considered to be an access street; it is a way to get to the City of Excelsior. She expressed her appreciation for those who are helping her keep the conversation about a sidewalk going. Mayor Zerby stated it has been challenging to get Excelsior's buy -in for a sidewalk. He asked Administrator Lerud to give an update on conversations staff has had with representatives from Hennepin County. Lerud explained that each year Hennepin County solicits project ideas from cities to include in its capital plan. The City submitted the sidewalk along Mill Street for inclusion. Zerby explained that he and Lerud met with the County Engineer and he thought the Engineer would like there to be a sidewalk there as well. That Engineer indicated he had met with representatives from St. John's School years ago regarding a sidewalk. He thought that Engineer felt somewhat bad that a sidewalk had not yet come to fruition. Mayor Zerby encouraged Ms. Lang to email Hennepin County Commissioner Jan Callison and let her know that Shorewood had applied for the funding assistance from the County to help move the sidewalk project forward. He noted that he had spoken with Commissioner Callison regarding the trail segment. Ms. Lang stated some of the emails indicated that there are plans to resurface Mill Street in 2018. She asked if people were aware of that. Engineer Fauske explained County representatives had reached out to staff regarding that resurfacing project. She asked the County if it would consider a sidewalk or trail extension as part of that project; she was told no. Staff will continue to keep those discussions going with the County. Mayor Zerby stated if the County helps fund sidewalks or trails it may pay up to 25 percent of the cost for a sidewalk and 50 percent of the cost of a trail. The County's definition of a trail is an 8 -foot wide bituminous off - street trail; similar to the one in Chanhassen. He noted the City and Council would like to see the pedestrian access improved; that it is a priority along Mill Street. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 3 of 7 Councilmember Johnson noted that he will continue to email members of the Excelsior City Council until he finds some one that is willing to meet. Ms. Lang stated Excelsior's portion of the roadway is the most dangerous with regard to access. Mayor Zerby thanked Ms. Lang for coming. 4. PUBLIC HEARING None. 5. REPORTS AND PRESENTATIONS None. 6. PARKS None. 7. PLANNING None. 8. ENGINEERING /PUBLIC WORKS A. Change Order 2 for Badger Park Phase 2 Improvements, City Project 17 -09 Director Brown stated that during its October 23, 2017, meeting Council approved Change Order 1 for the Badger Park Phase 2 Improvement Project. This evening Council is being asked to approve Change Order 2 for that Project which is for additional electrical work. He reviewed the items proposed for Change Order 2. ➢ Extending a new electrical service for the proposed new park shelter while the parking lot is under construction for a cost of $17,799. Doing so would minimize future restoration costs for the building. ➢ Temporarily relocating the lighting panel from the Badger Park warming house to the southeast corner of the City Hall building for a cost of $15,185. Eventually the panel would be put inside of the future shelter. ➢ Adding a player activated light control for a cost of $3,870 as requested by the Park Commission and several other people. Staff currently programs the lights to come on and turn off for certain blocks of times. Staff will continue to do that but with the control the lights will not illuminate until a person pushes the control. The total cost for those items is $36,854. That would bring the total Project cost to $665,299.85. Brown noted staff believes the features are necessary and recommends Council approve Change Order 2. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 4 of 7 Councilmember Johnson asked if the player activated light control can turn the lights off should the use of the field end early. Director Brown responded no and explained that the lights would go off at either the end time programmed on the button or the override for the master program whichever comes first. Councilmember Labadie expressed her support for the player activated light control. Mayor Zerby asked if there would be a way to get any usage reporting. Director Brown stated staff could compare the light usage for the 2017 season against next year's season. Zerby stated that would be nice to publicize. Councilmember Johnson stated it would be nice to be able to report the number of light hours that were saved to the public. Director Brown stated that after the meeting packet was distributed staff decided that Change Order 2 should be approved via resolution. Staff provided Council with a copy of a resolution via email and a copy was also found at the dais. Zerby moved, Labadie seconded, Adopting RESOLUTION NO. 17 -098, "A Resolution Approving Change Order No. 2 for the Badger Park Phase 2 Improvement Project, City Project 17 -09." Motion passed 310. 9. GENERAL/NEW BUSINESS A. Natural Gas Franchise Administrator Lerud explained that after numerous discussions regarding how to help fund roadway and storm water repairs and improvements Council decided that franchise fees would be a good additional revenue source. During its October 23, 2017, meeting Council was provided with a copy of a Franchise Agreement Ordinance with CenterPoint Energy and a Franchise Fee Ordinance. The only change to the documents was the addition of three customer classifications and associated fees to the Fee Ordinance. They were SVDF (small volume dual fuel) -A, SVDF -B and LG (Dual Fuel or Firm). They were given the same $4.00 rate as the commercial light classification. Lerud noted he had received an email from one resident expressing concern that they thought the franchise fee was a regressive tax. Therefore, he prepared an analysis of where revenue is going to come from (Council was provided a copy of that analysis). He explained the analysis was based on the 2018 taxable market value for properties. He calculated what would be paid toward street improvements. The planned 2018 transfer from the General Fund into the Street Reconstruction Fund is $785,000; about 14.6 percent of the City taxes that will be collected in 2018. The franchise fee would be based on the account the utility set up. The funding approach is still a progressive system and will be more so over time. There is a heavy reliance property taxes; about 74 — 75 percent of the total available for street and infrastructure comes from property taxes. That percentage will only increase over time because the City increases its levy. The franchise fee would only be increased irregularly. Lerud noted that Council is being asked to approve two Ordinances — Franchise Agreement Ordinance No. 548 and Franchise Fee Ordinance No. 549. Council is also being asked to adopt a resolution approving the summary publication of the two Ordinances. Attorney Keane stated what is being proposed complies with State Statute. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 5 of 7 Councilmember Labadie asked what the resident thought after being provided with the analysis. Administrator Lerud stated the resident has not yet responded to his email back to them. Labadie stated Council has been discussing and analyzing franchise fees since at least February 2017. Staff has compared the proposed franchise fee schedule to other neighboring cities' fees. The proposed City's fees are not out of line. She thought the franchise fee approach would benefit Shorewood. Mayor Zerby stated while there is an argument that a franchise fee is like an additional tax the City is going to need to get money from either increasing the levy or from franchise fees to make the needed street and storm sewer repairs and improvements. For the most part, he thought the out of pocket dollars would be the same. He noted that Council only sets the levy at what is needed. Councilmember Johnson stated that one of the most common issues that residents talk about is the condition of the City's roadways. Johnson moved, Labadie seconded, Approving ORDINANCE NO. 548, "An Ordinance Granting to CenterPoint Energy Resources Corporation, dba CenterPoint Energy Minnesota Gas ( "CenterPoint Energy "), Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Natural Gas for Public and Private Use and to Use the Public Ground of the City of Shorewood, Minnesota, for Such Purpose, and Prescribing Certain Terms and Conditions Thereof." Motion passed 310. Zerby moved, Labadie seconded, Approving ORDINANCE NO. 549, "An Ordinance of the City of Shorewood Implementing a Natural Gas Service Franchise Fee for Providing Natural Gas Service within the City of Shorewood, Hennepin County, Minnesota." Motion passed 310. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 17 -079, "A Resolution Approving the Publication of Ordinance No. 548 and Ordinance 549 by Title and Summary." Motion passed 310. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated the speed buggy display had been set up along Mill Street over the last week. He thanked the South Lake Minnetonka Police Department (SLMPD) Police Chief for getting that done. He noted he is waiting to get the data captured by the speed buggy to use in another speed study. Mayor Zerby asked if the two display signs along Country Club Road are both working. Brown noted one is still out for service and he anticipates the City should receive it in the next day or two. Engineer Fauske provided an update on various construction projects in the City. 2017 Reclamation Project — The curbs have been poured where Yellowstone Trail intersects with Country Club Road and with Lake Linden Drive and the backfilling behind the curbs is done. The seeding of that backfill should be done this week. The contractor is scheduled to install the blinking stops signs later this week. The contractor is scheduled to disconnect the sump pump discharge on to Howards Point Road on November 14 because it is creating an icing hazard. The discharge will be changed to the original location. She has attempted to schedule a meeting with the president of the Homeowners Association but she has not heard back from him yet. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 6 of 7 • Phase 2 Badger Park Improvements Project — The backfill work behind the curb will be done before the parking lot is paved. Rock will be put down to get the proper elevation before the first lift of asphalt is put down on November 15. That asphalt work will begin at the South Shore Center. The plan is to complete the work by the Center in time for scheduled night time activities to go on as planned. The work regarding the second lift of asphalt, the sidewalk and the infiltration basin will be done in 2018. • Chaska Road Watermain Extension and Street Project — The contractor is working on punch list items. She met with a resident about restoration work the contractor indicated was complete that the Oppidan crew has damaged with its vehicles. • Minnetonka Country Club (MCC) Development Project — The class 5 base for the trails will be put down in 2017. The curb work and the first lift of asphalt will be done in the spring. • Metropolitan Council Environmental Services (MCES) Forcemain Repair Project on Tuxedo Road — The contractor will be directional drilling the new pipe during November and December. • Minnetrista's Enchanted Lane Street Reclamation Project — A 300 -foot section of Tuxedo Road was not paved because of the MCES Forcemain Repair Project. • Highway 7 / Vine Hill Road Intersection Improvement Project — The right turn lane from Vine Hill Road (in Deephaven) on to westbound Highway 7 has been intermittently closed for utility work. The signal pole installation will begin in the spring and result in lane closures. • MCES Lift Station 18 Replacement Project — The exterior work is nearing completion. The parking lot has been paved. The paving at Highway 7 / Christmas Lake Road is complete. • Chaska Road resident's concern about traffic speed and traffic volume — Chanhassen has not received any complaints about speeding. The Carver County Sheriff had been directed to conduct additional patrols on Chaska Road for 30 days with a concentration on speed enforcement and education. She will follow up after the 30 days is up. The Minnesota Department of Transportation (MnDOT) has stated that it would only consider a realignment of the Chaska Road and Highway 7 intersection if crash data supports the need for that change. Speed and traffic volume data will be collected for Chaska Road after construction traffic ceases and the Shorewood. Landing Senior Living facility is occupied. Mayor Zerby asked if the roadways on the Phase 2 part of the MCC site are safe to drive on because there is only a rock surface. If not, should signs be installed informing drivers of any concerns. Engineer Fauske stated staff will speak with the developer to ensure they put up appropriate roadway signs to keep traffic safe as drivers move through there during the winter. Zerby stated he thought the City has assumed responsibility for the Phase 1 roads and trails; therefore, he assumes the City needs to plow them during the winter. Director Brown confirmed that. Director Darling stated that a total of about 20 residents attended one of the three open house meetings held regarding the proposed updates to the Comprehensive Plan. They provided quite a few comments about what they thought was important over the next 20 years. The City also has a somewhat abbreviated online survey with similar information regarding the updates. To date there have been 235 respondents. Residents can respond to the survey through December 8; it will be closed at that time. Councilmember Johnson asked if there is anything that restricts a person from taking the survey more than one time. Darling stated based on the responses to date it does not appear that has been an issue. B. Mayor and City Council Mayor Zerby noted that he attended a Super Bowl LII Crew 52 ambassadors meeting the previous day. About 30,000 volunteer applications were received, 15,000 applicants were interviewed and 10,000 were accepted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2017 Page 7 of 7 11. ADJOURN Labadie moved, Johnson seconded, Adjourning the City Council Regular Meeting of November 13, 2017, at 7:35 P.M. Motion passed 310.