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03-09-15 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 9.2015 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 7:03 P.M. A. Roll Call Present. Mayor Zerby; Councihnembers Siakel and Woodruff; Attorney Keane; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmembers Labad.ie and Sundberg B. Review Agenda Mayor Zerby noted that staff has asked that Item 9.0 be removed from the agenda. Woodruff moved, Siakel seconded, approving the agenda as amended. Motion passed 310 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 23, 2015 Siakel moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of February 23, 2015, as presented. Motion passed 310. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Pay Equity Report C. Shorewood Yacht Club Multiple Dock Facility License D. Agreement for Financial Advisory Services with Springsted In response to a question from Councilmember Woodruff, Director DeJong explained the Pay Equity Report indicates that the City is in compliance with regard to pay equity. Motion passed 310. CITY OF SHOREWOOD REGULAR. COUNCIL MEETING MINUTES March 9, 2015 Page 2 of 8 4. MATTERS FROM THE FLOOR This was discussed after Item 6.13 on the agenda. Mayor Zerby welcomed State Senator Dave Osmek District 33. Senator Osmek stopped by to give a report on legislative activities. Senator Osmek explained since his last appearance before Council he has been appointed Senate Minority Whip. At the beginning of this legislative session he was appointed to ranking member of the Energy and Environment Committee. Last year the City of Mound's tax increment financing district was extended for three years. Unfortunately, the funding for the Excelsior Commons improvements did not make it into the funding bill; he hopes some funding will make it into the funding bill this session. During this legislative session he hopes to get a hearing on his bill regarding the Metropolitan (Met) Council Members. Currently members of Met Council are appointed by the Governor of Minnesota and confirmed by the State Senate. He has proposed changing that process so that after the Governor makes the appointments there would be a 90 -day window for the appointees to go to the cities they would be representing and ask for a resolution of support. The appointees would have to get support from 50 percent of their cities in order to go before they can go before the Senate for confirmation. He has also proposed that if a member of Met Council is going contrary to what cities in their District want a city can adopt a resolution triggering a recall provision. That would open a 90 -day window where all of the cities in that Met Council Member's District would be notified that a city passed a recall resolution and then the other cities in the District could consider doing the same. If 50 percent of the cities in that District adopt a recall resolution. the person is removed from the Met Council and the appointment process is started again. He thought it appropriate to give cities more control. Senator Osmek noted he received three awards after the last session the Best Friend of the 2014 Taxpayers League award and awards frorn the Suburban Transit Authority and the Southwest Transit organization for being an outstanding legislature. He also noted that he can support the Southwest Transit system but does not necessarily support other forms. Senator Osmek stated he is going to push for some of the $1.9 billion surplus to go to the municipal state aid (MSA) formula and to the non -MSA cities. Mayor Zerby thanked Senator Osmek for stopping by and for hosting the mayors' meeting a few weeks ago. He stated he would like the cities to have more input on the Met Council. Senator Osmek cited an example of a bill that, if passed, would have ended up causing unintended consequences. The bill would have added "or county" to a number of places in State Statute. One of the places was the municipal consent approval clause for Minnesota Department of Transportation (MnDOT) projects. Discussion moved back to Item 9.A on the agenda. 5. PUBLIC HEARING G. REPORTS AND PRESENTATIONS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 9, 2015 Page 3 of A. Recognition of Service — Lake Minnetonka Communications Commission Board Representative Paul Stelmachers On behalf of the Council and the residents of Shorewood, Mayor Zerby thanked Paul Stelmachers for his one year of dedicated service on the Lake Minnetonka Communications Commission Board and presented him with a plaque of appreciation and recognition. Mayor Zerby noted that the year was a challenging time and that Mr. Stelmachers handled it well. He stated he enjoyed working with Mr. Stelmachers. He then stated he was impressed by Mr, Stelmachers showing up for a meeting after being released from the hospital after a biking accident. He thanked him for his dedication.. B. Report on the Planning Advisory Committee by John Shardlow, Senior Principal, Stantec Consulting Services, Inc. Mayor Zerby welcomed John Shardlow, Senior Principal with Stan.tec Consulting Services, Inc., who was present to give an update on the Minnetonka Country Club (MCC) Redevelopment Planning Advisory Committee (PAC) process. Mr. Shardlow noted that each member of Council had been provided a binder with handouts from this process. He first went through the PowerPoint he gave to the PAC during its orientation workshop on February 24, 2015. The highlights are as follows. ➢ Attorney Keane provided instructions related to the open meeting law which applies to the officially appointed group. ➢ The purpose of this effort is to engage and inforin participants about issues that will affect the project area and to facilitate a process through which participants can provide input regarding various aspects of the redevelopment. There is flexibility in the process, Nothing will be done that would circumvent the normal public process. ➢ The desired outcomes of the process are to have: a well-informed group, clear and comprehensive information about the PAC's options on project .issues, a developer who clearly understands the community' aspirations and concerns, and a Concept Plan that incorporates community input. ➢ The roles of the PAC (which augments the Planning Commission in advising Council), City staff (they will assist in administering the process and manage community input from M.indMixer), the developer (Mattamy Homes) and the public were reviewed. The PAC is a way to get cross section of people from across the City to intentionally participate. ➢ The MindMixer software makes it very easy for people to monitor the process, ask questions and get responses once they have registered. It makes it easier to hear from more people and hear about more issues. ➢ Council will be briefed on each PAC meeting a nd provided with all the information the PAC received. ➢ The MCC property is 116 acres in size and located in the middle of the fully developed community. The area around it is completely developed and there is infrastructure in place. The developer will ultimately have to apply for a Comprehensive Plan amendment. At a minimum the Land Use Plan will have to be amended. ➢ Cities have various degrees of discretion when creaking decisions about land. use issues. During this part of the process about zoning and Comp Plan amendments for the redevelopment area the City has a lot of discretion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 9, 2015 Page 4 of 8 ➢ During its retreat in January, Council defined the scope of this effort. It is to explore housing alternatives, evaluate ways to leverage the value created through redevelopment, evaluate potential street realignments and consider park dedication and reuse options. ➢ During the February 24 workshop each member of the PAC was asked to independently write down what questions they had about and what issues they perceived with the land use change and to identify information they needed. They were then asked to answer in writing two questions related to weaknesses, liabilities and threats. They were also asked to answer two questions related to strengths, assets and opportunities. ➢ They were then asked to envision success if this process worked perfectly. If the community was successfully engaged and the right information. was assembled and analyzed. If the right goals were articulated and embraced. If the right recommendations were made and the City Council made the best decisions. If the developer proved to be a great partner to the community and fulfilled all of their responsibilities, If the market responded favorably to the project and the broader community understood and embraced the external changes that occurred as a result of the MCC redevelopment. Based on those positive assumptions they were asked to fast - forward. 10 years and describe that successful future scenario in any way that would be meaningful to each one of then.. They were given about 15 minutes to describe their vision. ➢ The PAC members are very engaged. There are 6.5 pages total of their issues, questions and requests for information. He thought the questions asked were very representative of tine community as a whole. ➢ He referred to a document titled Answers to the Advisory Panel's Questions from Workshop #1, A lot of the questions had to do with traffic and with specific intersections. An entire workshop will be devoted to traffic and specific answers will not be known for many of the questions until broader land use, park and open space questions are settled. There were questions about the developer and the developer's vision. There were questions about development impact both on and off the site. ➢ He encouraged the City to take advantage of the Urban Land Institute (ULI) Minnesota program titled Navigating the New Normal which entails doing a very detailed demographic analysis. The Family Housing Fund and the McKnight Foundation pays for it. The result of the analysis would be presented to Council by a panel comprised of a developer, a municipal finance expert, a planner and one other person. The City would be provided with candid feedback. Every city that has taken advantage of that prograrn has found value from doing so. ➢ He highlighted the key findings in a document about the demographic change in Shorewood from 2004 — 2011. Households over age 55 grew by 50 percent. Households ages 36 - -- 55 percent declined by 20 percent. The population overall is aging. Households under age 35 represent 6 percent and those under age 25 represent 1 percent. ➢ The housing stock is very uniform — 88 percent is owner - occupied and 88 percent is single - family detached. Multi - family housing (rental apartments or owner - occupied. condominiums) is limited — only 12 percent. One percent is rental; Wayzata has 25 percent rental. Housing turnover is very low averaging 1.8 percent from 2004 - 2011; the average in other cities is 3.5 percent. ➢ Stantec took the strengths and weakness and opportunities and strengths and turned them into goal statements. The goal statements related to: general image and character; traffic; land use; retail and community commercial; and, natural resource systerns and environmental quality. The statements can be found in draft "Goals for Minnetonka Country Club Redevelopment" document presented to the PAC on March 3. Mr. Shardlow read the vision statement. "The redevelopment of the Minnetonka Country Club property resulted in a highly valued new Shorewood neighborhood. New housing choices infused the community with new residents, economic value and new opportunities. Modern building technology and excellent development practices combined to achieve energy efficiency, the conservation and enhancement of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 9, 2015 Page 5 of 8 natural systems and other sustainable objectives. Traffic generated from the development was accurately predicted and successfully managed through a combination of design improvements and mitigation strategies." Councilmember Siakel stated things seem to be straight forward and that it is a good start. Mr. Shardlow reiterated the PAC members are very engaged. Councilmember Woodruff asked what the attendance at the second workshop was like when compared to the attendance at the first one. Mr. Shardlow stated it was about the same and that there were a few that attended only one workshop. Mr. Shardlow noted that Shorewood is a very stable community. Residents like to stay here. He then noted. that the next few workshops will focus on natural resources. Councilmember Woodruff asked if the City has informed residents that all of the material is available on MindMixer. Mr. Shardlow stated he knows there is information available on the City's Facebook page and its website. Woodruff suggested something be published in the Shore Report or in a special edition of it. Mayor Zerby thanked Mr. Shardlow for the update. Discussion returned to Item 4 Matters from the Floor to allow Minnesota Senator Dave Osmek to give a report. 1. PARKS 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Dedicated State Funding for City Streets This was discussed after Item 4 on the agenda. .Engineer Hornby explained the League of Minnesota Cities (LMC) Board of Directors voted that it will support the 2015 transportation funding bill provided it includes a new state funding stream for city streets. Cities designated as municipal state aid (MSA) cities can receive MSA funding from the State. Non -MSA cities do not receive funding from the State. The LMC is trying to get more funding for MSA and non -MSA city roadways. Staff has some concern that this would be a way for the State Legislature to just provide the State dedicated funding to non -MSA cities. The City Engineers Association and the Minnesota Public Works Association have been working with the LMC for a number of years about trying to get legislation that would allow for street utility districts. That has not made it to the State Legislature floor yet. He does not want what is being proposed to be confused as being a funding mechanism with a street utility district bill. The street utility district bill would give cities a tool outside of a levy to dedicate for street improvements and. maintenance. The transportation funding bill LMC provision would be funded out of the gas tax for local roadways. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 4, 2015 Page 6 of 8 Hornby noted that staff has some reservations about the City supporting this. Councilmember Woodruff expressed concern that no draft bills have been referenced so he is not sure what is being talked about. He stated that earlier in the day a LMC status report was emailed out. This concept was referenced. There was a bill introduced that has been tabled indefinitely; there was a list of organizations that were against the bill. He then stated he supports the street utility district concept because it would allow a city to designate an area where property owners could potentially be assessed for street improvements and maintenance. The LMC and Metro Cities have rnade efforts to try and get the State Legislature to authorize the use of that tool. IIe expressed reluctance to support what the LMC is asking for because the action is not specific enough. Mayor Zerby clarified that he put this on the agenda because the LMC asked that it be considered. He noted he has some concerns about it as well. No action was taken. B. Accepting Quotes and Award Construction Contract to Televise Existing Sanitary Sewer Along Star Lane and Star Circle Engineer Hornby noted the televising of the existing sanitary sewer along Star .Lane and Star Circle is part of the City's inflow & Infiltration (I & 1) program and the project to reconstruct the two roadways. He explained the City has received a quote from Infratech to televise the sanitary sewer mains for $1,140 and to jet/clean the mains if necessary for an amount of $1,338.40. The sewers were televised over four years ago. He does not think any repairs have been made and the quality of video was not good. There is an oddity that staff wants to look at more closely. He noted that the City did receive a grant from the Metropolitan Council and Metro Cities so a portion of the cost would be reirnbursable. Staff recommends Council adopt the resolution accepting the quotes and award the contract to Infratech for an amount not to exceed $2,528,40 for both the televising and jetting/cleaning the mains. It would be funded out of the I & I program. Siakel moved, Zerby seconded, Adopting RESOLUTION NO. 15 -021, "A Resolution Accepting Quotes and Awarding Contract for the Sanitary Sewer Televising with in the Star Lane and Star Circle Improvement Project, City Project No. 14 -06" for an amount not to exceed $2,538.40 for both the televising and jetting /cleaning of the mains. Motion passed 310. C. Accept Proposal for Professional Services Excelsior Boulevard Trail Slope Stabilization Design This item was re moved from the agenda at staff s request. 10. GENERAL /NEW BUSINESS A. Park Commission Appointment Mayor Zerby stated that prior to this meeting Council interviewed Paul Stelmachers for a position on the Park Commission. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 9, 2015 Page 7 of 8 Siakel moved, Woodruff seconded, Adopting RESOLUTION NO 15 -022, "A Resolution Making the Appointment of Paul Stelmachers (April 1, 2015 - February 28, 2018) to the City of Shorewood Parr Commission." Mayor Zerby noted that Mr. Stel €nachers served on the LMCC Board and did an excellent job for the City. He stated he looks forward to him serving on the Park Commission. Motion passed 310. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule .Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby explained that the land acquisition process for the Smithtown Road east sidewalk extension is moving forward.. Originally there was a potential need for 14 easements; that has been reduced to six. The property owners along that corridor have been notified that there is a potential for ease ment acquisition of their property. Staff will meet with the appraiser this week to review the parcel sketches and have the appraiser contact the property owners. The Trail Schedule has been updated to reflect the current schedule with the land acquisition schedule. Other Director Brown stated staff is scheduled to meet with representatives from the Three Rivers Park District (TRPD) on March 1.1 to find out what the TRPD's intention is regarding the County Road 19 trail crossing. The noted that was sent out for the meeting indicates the TRPD may consider an at -grade crossing. lie noted the ice rinks closed on March 6. He also noted that seasonal weight restrictions go into effect on March 13. He stated Public Works staff will investigate a small water €Hain break at Wedgewood Drive tomorrow. Councilmember Siakel asked if the TRPD would consider rebidding the trail overpass crossing option; the bid it received in 2014 was exceptionally high. She stated most of Council favors an overpass option for safety reasons. An at -grade crossing would make a bad situation palatable but it would not address safety issues. An overpass would be a substantial improvement for drivers on Country Road 19 and for people using the trail. Director Brown stated staff concurs and that an at -grade crossing is not a good fit for the volume of traffic. Staff will again convey the need for something other than an at -grade crossing. Mayor Zerby noted he had met with TRPD Chair Gunyou about this a few times last year and offered to do so again. Zerby noted the quote for the overpass in 2014 was $3.5 million and the TRPD found that to be excessive. In response to a comment from .Mayor Zerby, Engineer Hornby stated that he recently bid out a project in this area and the bid came in quite a bit less than the 2014 bid. Councilmember Woodruff stated he has witnessed a number of near misses of people getting hit or vehicles crashing at that crossing. The current at -grade solution is not adequate. He then stated there is no reasonable at -grade crossing except a semaphore that would stop traffic when someone wants to cross the street. CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES March 9, 2015 Page 8 of 8 Director DeJong stated staff is currently working on audit preparation activities. He then stated that he, Clerk Pancbyshyn and Director Drown met with a representative from Warner Connect to discuss recent issues with the computer system. On March 2 there was a near total outage. It was not just a City Hall situation; it was more wide spread than that. They also discussed in.ternet connection speed issues. Director Nielsen explained he hopes to meet with a company that may potentially provide aquatic invasive species (AIS) inspection services at the Christmas Lake boat launch. The company Volt, which did the inspections the last two years, has stopped doing inspections. Staff contacted Carver County to ask if it would include that area in its inspections efforts and the City would pay for it. Carver County declined. Councilmember Woodruff stated minutes from a Lake Minnetonka Conservation District (LMCD) AIS Task Force meeting indicated the LMCD asked the TRPD to take over the LMOD's ramp inspections. He suggested staff talk to the TRPD about doing the inspections. Mayor Zerby asked Director Nielsen if lie had a follow -up meeting with Minnehalna Creek Watershed District (MCWD) representatives. Nielsen responded he did. He met with Research and Monitoring Director Craig Dawson and AIS Program Manager Eric Fieldseth to talk about a number of City projects generally related to AIS. There had been a previous meeting with Planning and Projects Director James Wisker and some of the MCWD technical staff about specific City projects. Zerby then asked for an update on the runoff issue at Gideon Glen. Director Nielsen noted that as soon as weather permits that project will be done. The parking lot will be addressed first and then the trail work will be done to address the erosion issue. Attorney Keane stated that last week there was a very productive meeting with representatives from Springsted to explore abatement options related to the Minnetonka Country Club redevelopment project. Ile anticipates staff will be able to present Council with a preliminary report during its March meeting or during the April 9 Council and staff retreat. B. Mayor and City Council 12. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of March 9, 2015, at 8:09 P.M. Motion passed 310. RE, SPECTFULLY SUBMITTED, Christine Freeman, Recorder A'T'TEST: S t Zerby, a or wvv Jean Paneb sh n Ci lerk J y y , �'