06-08-15 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 8, 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 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel, and Woodruff; Attorney Keane; City
Administrator Joynes; Park & Recreation Coordinator Grout; Finance Director DeJong;
Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby
Absent: Councilmember Sundberg
B. Review Agenda
Labadie moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, May 26, 2015
Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of May
26, 2015, as amended in Item 1LB, Page 21, Paragraph 3, Sentence 6, change "enforcement if very"
to "enforcement is very ". Motion passed 4/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Woodruff moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolution Therein.
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 15 -043, "A Resolution Approving a Temporary `On-
Sale' Liquor License to the Excelsior Firefighters Relief Association."
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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A. Shorewood Excelsior Fire District Service Annual Report
Mayor Zerby noted that he asked Excelsior Fire District (EFD) Chief Gerber to provide an update on
what is happening with fire service in Shorewood.
Chief Gerber noted that each year he and the EFD Administrative Specialist create a year in review
document. It is generally published around March after it has been presented to the EFD Board. The 2014
Year in Review document can be found in its entirety on the EFD's website www.excelsioriire.9rg.
He also noted that the EFD provides fire service to the Cities of Deephaven, Excelsior, Greenwood,
Shorewood and Tonka. Bay.
He highlighted a few things from the 2014 Year in Review. The highlights are as follows.
➢ The total call comparison for 2010 — 2014 was: 2010 — 732; 2011 — 651; 2012 — 639; 2013 — 677;
and, 2014 — 769. On average the EFD responds to 700 — 800 calls for service annually.
Suppression calls (fires, fire alarms, gas leaks, gas line breaks, smoke and wire down/arching) —
in 2014 there were 236 call responses and 242 in 2013.
➢ Rescue calls (medicals and crashes, ride a longs in an ambulance, situations that required
technical rescue, assistance to police departments for lift assist for citizens, and mental health
incidents) — there were 456 rescue calls in 2014 and 357 in 2013.
➢ Special response calls (water and ice incidents, weather stand -by at the District stations and
responses for incidents resulting from severe weather, missing persons, animal rescue, hazmat
incidents, and mutual aid and auto aid) — there were 77 special call responses in 2014 and 78 in
2013.
➢ There were graphs for the number of calls by day of the week and time of the day for 2013 and
2014. The call volume in 2014 was steadier from day to day. In 2013 the greatest calls volumes
were on Friday, Saturday and Sunday. The busiest times of the day in 2014 were from 10:00
A.M. to 8:00 P.M.
> The breakdown of incidents by type for 2014 was 59 percent rescue (EMS), 31 percent
suppression (fire related), and 10 percent special response. Across the country 80 percent of the
calls are EMS related. The EFD has been relatively consistent with 55 — 60 percent of its calls for
service being EMS related.
➢ The breakdown of incidents by member city for 2014 was 33 percent for Shorewood, 31 percent
for Excelsior, 18 percent for Deephaven, 10 percent for Tonka Bay, 3 percent for Greenwood,
and 5 percent for mutual aid. The five member cities have uniqueness.
➢ The 2011 — 2014 average number of firefighters responding to a call was 13.08 in 2014, 14.12 in
2013, 15.93 in 2012, and 14.98 in 2011. There are fire calls when 30 firefighters respond and
others when 6 respond. It is getting increasingly harder to find firefighters.
➢ The 2011 — 2014 average to the scene response times (from the time the vehicle leaves a station
to the first vehicle on the scene) in minutes were 6.72 in 2014, 6.82 in 2013, 6.52 in 2012, and
6.47 in 2011. The District's standard is 8 minutes. The response times were not the same for
every location in the District; there were locations and times of the day when those response
times were not achieved. To reach some areas in the District it takes more than 8 minutes to drive
there.
➢ The 2011 — 2014 average turnout / in- service times (from the time the pager goes off to the time
when a truck goes into service) were 2.7 in 2014, 2.62 in 2013, 2.71 in 2012, and 2.89 in 2011.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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There are times a truck is out the door instantaneously and then other times it may take 6 — 7
minutes.
The Department has 2 full -time staff — a fire chief and a fire inspector. It has 2 part-time staff — an
administrative specialist and a seasonal fire inspector primarily for special events. There are
currently 44 paid -on -call firefighters. Of them 18 live in Shorewood — 17 respond to Station I and
1 responds to Station 2.
➢ In 2014 the EFD issued 282 recreational fire permits to residents in Shorewood. The EFD does
not charge for those permits. The permits help the Department monitor and enforce if someone is
burning something they shouldn't in a recreational fire.
Chief Gerber noted that Administrator Joynes asked him to talk a little about the 2016 proposed budget.
Gerber explained the first draft of the proposed 2016 budget was first discussed by the EFD Board during
its April 15, 2015, work session. There is a joint EFD member City Councils work session scheduled for
June 17, 2015, to discuss the budget. The proposed budget reflects an overall 2.79 percent increase when
compared to the adopted 2015 budget. The overall budget includes $967,177 for operations and building
maintenance; a $170,000 contribution to the Capital Improvement Program; and, $549,098 for bonded
debt payments on the public safety facilities. The total member cities' contribution reflects a $44,307
increase when comparted to the 2015 adopted budget.
Gerber noted that Shorewood pays 37.63 percent of the overall budget for 2016 based on the joint powers
agreement (JPA) funding formula. He explained the proposed 2016 budget reflects Shorewood's
contribution will increase $1,863 (or 0.3 percent) when compared to the 2015 adopted budget.
Chief Gerber offered to entertain questions from Council.
In response to a comment from Councilmember Woodruff, Chief Gerber stated the Department recruits
every year and tries to bring a recruit class on in the fall. The Department has active applications on file.
Finding firefighters is a very challenging part of eh Department's job. If there are any people interested in
learning more they can call the ETD's general phone number (952) 401 -8801.
Mayor Zerby stated that for 2014 the breakdown of incidents by member city indicated 33 percent of the
total incidents were in Shorewood. He asked if that percentage is relatively consistent from year to year.
Chief Gerber stated he thought Shorewood's percentage was pretty consistent. Zerby noted Shorewood
provides around 38 percent of the funding for the EFD yet only 33 percent of the incidents occurred in
Shorewood.
Zerby asked Chief Gerber if he sees a change in how service is being provided throughout the EFD
community.
Chief Gerber stated one of the big opportunities going forward is continuing to look at how service will
be provided with the type of people living in the District and the changing lifestyles people have today.
People are busy, there are many two income families and many children are busy with activities and
athletics so parents have to drive them around. He noted that one of the challenges down the road is how
the EFD is going to provide quality, effective, short response time service by doing things the same as
today. The model will likely be different 5 —10 years out.
Mayor Zerby asked how useful the fire lanes that go to the Lake Minnetonka are in Shorewood. He
commented that he knows that Chief Gerber has weighed in a little on the proposed redevelopment of the
Minnetonka County Club (MCC) property. He asked Gerber if there is any other input he can give to the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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Shorewood Planning Director or Director of Public Works regarding how to help deal with the challenges
the firefighters have. Gerber stated he talks frequently with Shorewood staff about construction projects.
Shorewood staff does an excellent job of keeping public safety up to speed when construction is
happening.
Chief Gerber noted that it would be very helpful to have a fully hydranted community. Shorewood is not
fully hydranted. He stated fire lanes are access points that allow firefighters to get to the Lake during both
the winter and summer. It also provides the option to draft water from the lake. During 2015 it is not an
option the Department is going to use.
Mayor Zerby asked if Council needs to be aware of anything from a policy standpoint. Chief Gerber
responded no. Zerby commented that there are many narrow roads in Shorewood and that creates
challenges when providing fire service. Gerber stated those same challenges are throughout the EFD
community.
Councilmember Labadie stated the 2014 Incidents by City PowerPoint slide indicated 5 percent of the
incidents were mutual aid. She asked what the means. Chief Gerber explained when the Fire Department
travels to an adjoining community to provide help with an incident that community has going on that is
where those incidents get categorized. About 10 years ago fire departments did more of their own thing
and only called for help when it was absolutely needed. In 2015 it is much more regional in how fire
service is provided. Departments are crossing boundaries and utilizing the best equipment available to
provide the best service regardless of which community the incident is in.
Labadie then stated that part of the islands in Shorewood receive fire service from the Mound Fire
Department (MFD). If there is an incident there she asked if that goes into the mutual aid category or the
Shorewood category. Chief Gerber stated if the EFD got called to help out it is categorized as mutual aid
because it is not the EFD's primary area. It is the MFD's responsibility.
Labadie went on to state that Eureka Road was closed the past weekend preventing access to Highway 7
because of the Tonka United Soccer Association's Tonka Splash event. She asked if that caused issues for
the Fire Department. Chief Gerber explained there had been a lot of discussion with Director Brown and
the police department about Eureka Road being minimized at the access there. In previous years there had
been access issues. This year there were no fire service emergency response needs in that area during the
2015 Tonka Splash event.
Councilmember Siakel noted that she is Shorewood's representative on the EFD Board and has learned a
great deal about how the Fire Department operates. She thanked Chief Gerber for the outstanding job he
does. She stated that working for a joint powers organization with five member cities is no small feat.
Siakel stated that the South Lake Minnetonka Police Department (SLMPD) four member cities are in the
process of hiring a new police chief. She noted that technically emergency management responsibilities
have been under the chief of police. She stated she thought it prudent to consider moving that oversight
responsibility to the fire chief and to provide the Fire Department the resources necessary to take that on.
That may require bringing someone to full -time from part-time. She noted she thought that warrants
serious discussion.
Chief Gerber stated if that is the way the elected and appointed officials want to move forward then it
deserves more discussion.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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Councilmember Siakel stated she thought that would serve the best interests of the community and it
would be the smart thing to do for the future.
Mayor Zerby thanked Chief Gerber for coming.
B. Lake Minnetonka Communications Commission Bylaws Update
Administrator Joynes noted that Jim Lundberg, Operations Manager for the Lake Minnetonka
Communications Commission (LMCC) is present to review the proposed update to the LMCC's Bylaws
and to ask for Council's approval of them.
Mr. Lundberg stated it is his understanding that the meeting packet included a copy of the LMCC's
updated Bylaws as well as a copy of summary of the proposed changes. He explained the LMCC's
Bylaws were developed in 1983. Over the last few years there has been a reduction in the number of
LMCC member cities and LMCC staff has been reduced. Progress has been made with having the full
Commission consider large issues rather than have the Executive Committee discuss them first. Some of
the proposed changes to the Bylaws are related to restructuring things so that the full Commission is the
major decision maker and reducing the power of the Executive Committee. Also, a lot of the outdated
language will be removed.
The first thing that was done was the LMCC's attorney updated the Bylaws and provided the Commission
with a new four -page document; the original document was six pages. Next a LMCC Bylaws Committee
was established and the Committee reviewed the attorney's recommendations and made final changes to
the Bylaws. The changes stream line processes, remove former member cities, make financial issues
easier to deal with, and reduce the size of the Executive Committee (it will consist of the three officers
and two at large commissioners). There are also some minor changes.
He reviewed what the proposed changes were and in some instances why they were made.
Councilmember Woodruff stated he was troubled by the change regarding weighted voting. He assumed
Shorewood would continue to have more than one vote. Mr. Lundberg stated it would and clarified that
the Joint Powers Agreement supersedes what the Bylaws say. He explained that any vote that comes
before the Commission can be held as a weighted vote if a member city requests it.
Woodruff then stated that the new Article 3, Section 4 states "Other legal instruments shall be executed
...... In that section there is no context for "other legal instruments ". He asked that be clarified in the
document.
Mayor Zerby stated the proposed Bylaws are to the point and noted that there had been some dissent over
the last few years about how the Executive Committee operated. He then stated changes had been made to
the Bylaws before and since then there was more thought put into the Bylaws. He noted he is fine with
what is proposed subject to the one clarification Councilmember Woodruff asked for.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 15- 044, "A Resolution Regarding
Amendments to the Lake Minnetonka Communications Commission Bylaws" subject to Article 3,
Section 4, subject to adding context to the word "other ". Motion passed 4/0.
C. Minnetonka Country Club Planning Advisory Committee Final Report
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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Mayor Zerby stated that on behalf of Council he would like to extend gratitude to the Planning Advisory
Committee (PAC) for its efforts. The PAC consists of a broad and diverse group of community
stakeholders from neighborhoods near the Minnetonka Country Club (MCC) property and the community
at large. The PAC was established by Council to assist the Planning Commission and City Council
establish a vision for the MCC property and the area nearby.
He explained the PAC had a total of nine meetings and spent over 300 hours in total on their endeavor.
Based on everything Council has heard and read the PAC members worked very well together. The
process was civil and deliberate and the outcome was a lot of good ideas. Council was kept abreast of the
process through feedback from staff, through meeting minutes and through the MindMixer website.
He clarified that this is not the end of the public feedback process with regard to the redevelopment of the
MCC property. There are a number of issues and challenges that have to be addressed before the
redevelopment can move forward. He stated that traffic is one of the larger issues that has to be addressed.
He commented there has been some discussion about establishing another group to focus solely on traffic,
noting that is for Council to decide at another time.
He noted there will public hearings throughout the upcoming redevelopment process. He stated he has
asked Director Nielsen to provide Council with a diagram showing the stages in the process where public
comments will be formally taken. He stated the MindMixer website will continue to be used as a tool for
communicating.
Zerby clarified that this evening is not a public hearing — it is not the time for Council to take public
input. It is the opportunity for the PAC to provide its final report to Council. He stated if people have
questions they can email Council and /or call staff. Or, they can submit their comments on MindMixer.
Zerby introduced Stantec Consultant Services Inc. Senior Principal John Shardlow. Stantec was hired to
provide planning consulting services for the upcoming MCC residential development project.
Mr. Shardlow explained that during the January 29, 2015, Council and staff retreat, Stantec presented the
concept of the PAC approach. He used that approach in the past with communities who were approaching
large land use projects. The idea behind the PAC was to seek out people in the community who were
willing to make /take the time to become fully informed about the subject and to share their opinions
throughout the process. The PAC should be thought of a sophisticated focus group. PAC members did not
give up their right to openly share their opinions. Many times a community gets involved through the
public hearing process. During the hearing the developer makes a presentation and the residents come and
present their positions. The public hearing is not a very good opportunity for an open dialogue. He noted
that everything throughout the process has been well documented.
He displayed a process diagram that was followed.
He explained there was a series of educational workshops. One of them was about land use planning 101.
The PAC was made aware of what the City's authority is and what the rights of the property owner are. It
learned that when a developer has control of the property it has the same rights as the property owner.
There was discussion about natural resources in a workshop. There is a tremendous opportunity for
logistical restoration on the site. There is very strong support on the part of developer and community to
have passive open space with trails available to everyone within the development and outside. There was
guided concern at the beginning of the process about there possibly being a gated community. The
developer never proposed that and the community did not support that.
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June 8, 2015
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In one workshop the PAC was made aware of what a planned unit development (PUD) was and what
types of tradeoffs could be made available. A PUD should be a win for the City and a win for the
developer.
There was a workshop devoted to discussing transportation and traffic.
Mr. Shardlow noted that he invited three members of the PAC to assist with the presentation this evening
and to answer questions from Council. The members were Pat Arnst, Jeremy Norman and Laurale
Chellen. There were also other members present in the audience. He also noted that the Planning
Commission is charged by law with recommending a plan for the future of the community. The Planning
Committee Members are part of the PAC. He went on to note that the Commission will take over as the
Comprehensive (Comp) Plan amendment process and rezoning moves forward.
Mr. Shardlow explained that during the January 29, 2015, Council and staff retreat Council affirmed it
wanted. the PAC to address the following: 1) explore housing alternatives; 2) evaluate ways to leverage
the new value created through the redevelopment to help support redevelopment projects around the area
and other public improvements; 3) evaluate potential street realignments; and, 4) consider park dedication
and reuse options.
He was told that traffic was a major issue during his interview process for this task. When PAC members
were asked to identify issues traffic was listed as the top issue by a margin of two to one. Traffic currently
is a concern and will continue to be a concern. It warrants continued discussion. The biggest challenge is
the "cut through" (Country Club Road to Yellowstone Trail to Lake Linden Drive) route is designated as
collector (a Minnesota State Aid (MSA)) route on the City's adopted Comp Plan. Unfortunately, it is not
improved to collector standards. Based on analysis, that collector route is not serving traffic that exceeds
the capacity of a collector route. The net increase in traffic between a fully functioning golf course and
the proposed development is not significant. Traffic conditions in the neighborhood are locally significant
but not regionally significant. Any traffic solutions will have to be Shorewood solutions; they will be not
be other government agencies' solutions. He displayed a graphic showing the locations of various traffic
issues /comments on the roadways surrounding the MCC property and on to CUB Foods and the
intersection of Highway 7 and Highway 41. About 40 — 50 percent of the issues /comments are behavioral
issues. He clarified he thought there are improvements that can be made and he encouraged the City to
make them.
Early on in the process three options were identified for addressing the Country Club Road traffic issue.
The PAC was broken up into small groups and rated which of three options for dealing with Country
Club Road was the best option. One option was to improve Country Club Road which to most people
meant having a safe trail along the corridor. A second option was to close Country Club Road so it no
longer served. as a cut through roadway. The third option was status quo. Based on the PAC rankings and
the other public input there was not a unanimous ranking of any option. The majority of the people did
not favor closing the roadway. There was little support for widening the roadway. He noted traffic is an
existing issue; it was an issue before the golf course closed.
The developer will be subdividing the MCC property. That does provide the opportunity to address some
of the right -of -way (ROW) concerns. The developer expects they will be corrected as part of this process.
It is his understanding that the City is evaluating the possibility of tax abatement to help fund construction
of some of the trails in the area. There is also an opportunity to have a trail paralleling Country Club Road
on the MCC property. That provides the opportunity to save some trees and provide a safer place to walk.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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He reminded Council the process was about engaging and informing participants about issues that will
affect the future of the project area and facilitating a process through which participants could provide
input. He stated that often times at the end of a workshop the PAC members were given a handout and
asked to submit any questions or concerns they had or wanted to bring to Council's attention. All of that
information has been collected; there has been no censorship of it. There was a point in the process when
a number of residents from the area around the MCC property started to attend the PAC workshops. That
was challenging for him at times because the workshops were not designed to be neighborhood meetings.
Their input was gathered and summarized along with that from the PAC members. Comments made by
non PAC members were noted as such. He noted that each member of the PAC is well aware that their
input is advisory only to Council and the Planning Commission.
He explained that to redevelop the MCC property as residential the Comp Plan must be amended. The
Comp Plan currently designates the property as semi - public. For the project to move forward it must be
rezoned. There is some potential for redevelopment of the commercial Smithtown Crossing area. If any of
those parcels were to be redeveloped as mixed use their zoning would also need to be changed. If the
MCC redevelopment project were to move forward and if 50 — 60 acres of the property were to be
dedicated as open space that would have to be changed on the Land Use Plan. The MCC property is
currently zoned R -lA. The two options to redevelop the MCC property are all single family or single
family with some age targeted units. Either option would fit in the R -1C District standards. It remains to
be seen if PUD zoning is necessary. It could be that R -1C zoning could allow the project to move
forward. He clarified that he is a big proponent of PUD because there could be advantages for both the
City and the developer.
Mr. Shardlow turned the next part of the presentation over to PAC Member Artist.
PAC Member Artist thanked Council for giving the PAC members the opportunity to serve on the
Committee. She stated that she learned a great deal through the process. The group is very diverse. The
process started with Stantec representatives providing extensive background information about
comprehensive planning, zoning, the City's authority, the developer's rights and so forth. The PAC
discussed traffic, drainage patterns, soil composition, existing infrastructure as well as other topics. The
PAC took tours of the MCC property and assessed the contour of the property. During its first workshop
the PAC members identified their individual issues; what they saw as problems with the proposed
redevelopment. They were also asked to present potential opportunities. She commented that she was
impressed by most of the members forward thinking in terms of the surrounding area (e.g., making the
nearby area a town center).
She clarified not all of the items listed on the slide titled Issues are technically issues. Traffic and drainage
definitely are. Density is about a desire to offer a variety of housing types and costs. Trails are about
incorporating the construction of them as part of the proposed project. There was discussion about how to
protect the wetland on the MCC property and how to make that space open to the public. The idea of
having a mini town center in the Smithtown Crossing area was discussed as was possibly changing the
City Hall Campus.
She noted Mr. Shardlow created a vision statement for the PAC based on feedback provided by PAC
members during its first workshop. She stated the statement captured the different perspectives of the
members. There were some very strong beliefs about housing choices, technology, conservation, and
traffic.
She explained that during various workshops the PAC split up into smaller groups to discuss certain
topics in more detail. During the last workshop the outcomes of those discussions were consolidated.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 8, 2015
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PAC Member Amst turned the next part of the presentation over to PAC Member Norman.
PAC Member Norman thanked Council for giving him and others the opportunity to serve on the PAC.
He stated that in general there was active participation by all members of the Committee. He indicated
that some of the items that have been classified as issues are really discussion points.
He explained one of the small group discussion topics was related to the potential redevelopment of
Badger Park, the redevelopment of the commercial southwest corner of the Smithtown Road /Country
Road 19 intersection and the optimum best future use of the northwest corner of the intersection. The
PAC members nearly unanimously supported aggressively pursuing the redevelopment of the areas
around the intersection. Some of the members were open to relocating the Badger Park ball fields to the
MCC property; doing so would prohibit the restoration of the large wetland on that site. The developer
was not enthusiastic about lighted ball fields on the property. A couple of graphic renderings were
displayed of how the entire area could be redeveloped.
Another small group discussion topic was related to open space options. There was discussion about
relocating the Badger Park ball fields to the Mattamy site (the MCC property) and passive open space and
trails open to the public. There was also discussion about tradeoffs between having small, scattered
wetlands /ponds on the site versus a larger restored wetland. Vegetation is easier to manage on larger
wetlands, restoring to historic water levels will result in fewer invasive species and one larger patch of
habitat is more beneficial to wildlife (e.g., pollinators). Tree preservation was also brought into that
discussion as was drainage. Once the PAC members learned about the benefits of larger wetlands the
Committee was more in favor of restoring the large wetland. The PAC learned that the drain the on the
site is in disrepair.
PAC Member Norman turned the next part of the presentation over to PAC Member Chellen.
PAC Member Chellen stated the diverse makeup of the Committee and the breadth of information
provided to the Committee was very impressive. That information helped the members come up with
more sound recommendations. One of the questions posed to the PAC was should the City explore the
construction of a trail near the property. The PAC thought a trail is extremely important in and/or around
the MCC redeveloped area.
She explained the PAC was asked for its perspective on the City acquiring properties when they go on the
market and banking them until the City has acquired a critical mass of properties and until there are
willing sellers to allow a development to proceed. The PAC was generally open to future redevelopment
of the north area near the MCC property when property owners are ready to sell. The Committee thought
there would be value in planning for the redevelopment of the area in conjunction with discussions about
the redevelopment of the MCC property.
A number of the cul -de -sacs proposed in the Concept Plan for the MCC redeveloped site are longer than
what is allowed in the Comp Plan because of safety and access needs.
The PAC was educated about the different ways the City could finance some of the redevelopment in the
area. But, it did not have enough time to discuss it and come up with a recommendation.
When improvements to Country Club Road were discussed by the PAC it generally was referring to a
trail alongside of the roadway.
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June 8, 2015
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The PAC believes one of the benefits of extending the sidewalk east along Smithtown Road is it would
help people get to the LRT Trail and it would connect with any future trails alongside of or within the
MCC redevelopment. The PAC did discuss tax abatement as a way of funding it.
A majority of the Committee favored the MCC redevelopment include some diversity in housing types
and cost. A minority thought it should just be single family housing with varying price points. There was
some support for workforce housing (i.e.; affordable). It discussed the possibility of having age targeted
housing on the northwest and northeast corners of the property.
PAC Member Chellen turned control of the presentation back over to Mr. Shardlow.
Mr. Shardlow noted that all of the information and presentations that were reviewed; all of the questions,
comments, suggestions and concerns conveyed; and, the tapes of all the meetings are available for review.
There were some dissenting viewpoints on some items. But, there was strong consensus regarding all of
the issues and recommendations presented this evening.
Mr. Shardlow noted they were willing to entertain any questions Council may have.
Councilmember Labadie thanked everyone who served on the PAC. She also thanked the members of the
Planning Commission who served on the PAC in addition to serving as volunteer Commissioners. She
stated the proposed legacy redevelopment is going to affect the City for generations. Therefore, the City
needs to make sure the redevelopment is done correctly. She also thanked them for looking at trails in
parallel and at the concept of other redevelopment near the MCC property.
Labadie explained there was a slide titled Traffic that stated the net increase in traffic between a fully
functioning golf course and the proposed development is not significant. The Developer's Responsibility
slide stated there would be very small net increase in traffic because of the redevelopment. She noted
when the MCC closed its doors owners sent letters to its membership explaining that one of the reasons it
was closing was because it was losing money financially. It was losing money because there were fewer
people golfing. Therefore, there were fewer people driving on the roadways. The golf course and the
tennis courts are used seasonally. The proposed redevelopment is not seasonal. The Planning Director's
memorandum dated January 1, 2015, for the Mattamy Homes preapplication states "Single-family
residential development generates approximately 8 -10 trips per day. The number of units proposed would
therefore generate 968 to 1210 trips per day." She questioned why that is not considered a significant
impact on the City, its roadways and the traffic system when compared to a failing country club. She
stated that depending on the time of the day it is difficult now to safely get to CUB Foods. Again,
depending on the time of the day, it is sometimes difficult to safely cross Highway 7. She asked if people
are going to be asked to take County Road 19 to Highway 7. She then asked Mr. Shardlow to explain why
the anticipated increase in traffic is not deemed to have a significant impact.
Mr. Shardlow noted that every time he speaks about traffic he attempts to clarify that traffic is a locally
significant issue and it is a hassle. He stated he does not think it is appropriate to compare the reuse of the
property to a failed existing use of the MCC property. The new development should be compared to a
successful golf course and country club operation. If the property were to continue to have a golf course
on it, it should be assumed someone would reinvest it in. Therefore, there would be a standard number of
rounds of golf played and there would probably be more energy in the hospitality aspect of the Country
Club. There were 42 or 43 weddings or other events there and there were other non -golf related events
that also brought people to the site. It definitely had different traffic characteristics and it peaked at
different times. One of the issues that is a concern is that a residential development there would have the
same peak use characteristics as other uses around it since it is surrounded by residential.
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He noted that if he used the word insignificant he apologized for doing so.
He explained that when talking about traffic engineering and generating traffic that goes on to collector
level roadways the net difference is not great in terms of total volumes of traffic. And, every one of those
roadways carries an amount of traffic that is well within the limits of what collector roadways can
typically handle, again noting that this particular route has not been improved to collector standards.
He noted that earlier in the presentation he had stated that this traffic issue warrants additional study.
Mr. Shardlow explained that this comes down to two issues. One is the net difference in traffic between
what is there today and what will be there in the future. The other is what the developer can do by right
with the property zoned the way it is today and what is the incremental addition of traffic that might come
as a result of PUD. Given just the geometries of the alignments of the roadways there are limits as to what
the City will be able to do. There is also a catch 22. If the City improves the route there will be more cut
through traffic.
Councilmember Labadie asked Mr. Shardlow to explain what he means by locally significant but not
regionally significant. Mr. Shardlow explained when he talks about regionally specific it relates to the
idea of going to the Hennepin County Transportation Department and demanding action because
Shorewood's situation is so significant that it needs to help the City. The traffic conditions in and around
that intersection (Country Road 19 and Smithtown Road), for instance, are not significantly different than
at the intersection of County Road 15 and Country Road 19 or any other places along County Road 19.
There is similar traffic congestion and similar safety issues at that intersection. He noted he was not trying
to diminish the way it has an adverse impact on peoples' lives. He explained that he was saying that if the
City holds up the issues being discussed and the traffic volumes the City is experiencing and tries to get
Metropolitan Council's attention, or MnDOT's attention or Hennepin County Transportation
Department's attention since they invested in that intersection a few years ago. What he was trying to say
is this is a local traffic issue and needs to be addressed locally with local resources and hopefully with the
cooperation of those regional partners.
Councilmember Siakel stated she thought the soils under and the condition of the tennis courts on the
MCC property were better than for the courts in Badger Park. There were comments made about moving
the Badger Park ball fields to the MCC property. She asked if the PAC discussed the broader issue of
Badger Park. Was there any discussion about whether or not it would be best to leave the Park near the
City Hall Campus or move it to the MCC site? She asked what discussion there was, if any, abut parks
and open space.
Mr. Shardlow explained that during the January 29, 2015, Council and staff retreat there was discussion
about an idea to redevelop Badger Park for senior housing and possibly moving the ball fields to the
MCC property. Relocating the ball fields was not consistent with the developer's needs and it would
preclude a large restoration of the wetland and the passive open space with the trails that would be open
to the public. Nor withstanding the either or proposition of ball fields or wetland restoration, people were
generally open to using this as an opportunity to beautify the City Hall Campus and to improve the
experience of coming to the Southshore Center and to improve the street scape and movement around the
intersection. He noted that during the various PAC workshops he heard strong support expressed for
redeveloping the intersection.
Councilmember Siakel stated that people who have lived in the community for a long time have a desire
to remain here. They would like to have age specific, affordable housing. She asked if there was PAC
consensus about where the ideal location for that housing would be.
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PAC Member Chellen stated the PAC did not have enough time to thoroughly discuss a number of topics
in order to make a recommendation on them. There may be value in having the PAC continue to get
together to do drill down further into some of the topics.
Mr. Shardlow stated there was significant interest by a number of developers in looking at the area
surrounding the intersection for redevelopment before the MCC property was up for sale. There had been
a developer that was attempting to assemble properties at that location and when the MCC property went
up for sale that developer withdrew. He noted that in the past cities had more tools at their disposal to
acquire property for redevelopment. He stated the PAC thought there could be benefit of the City
acquiring private property in that area when a private property owner was ready to sell. That may help in
developing a better land plan.
PAC Member Norman stated the PAC did discuss age specific housing. He then stated the Planning
Commission has discussed redevelopment of the northwest quadrant of the Country Road 19/Smithtown
Road intersection at great length.
Councilmember Siakel stated that the PAC did a good job of discussing all of the issues. She then stated
Council is aware there are traffic issues on Country Club Road and the City has taken some action to try
and address some of them. Council does take traffic issues seriously. Council will continue to pay
attention as the MCC property is redeveloped. She found it interesting that the majority of the PAC did
not think it would be a good idea to close Country Club Road to through traffic. She thanked the PAC and
staff for its time and efforts.
Councilmember Woodruff also thanked the PAC and staff for their efforts and for all of the time the
members spent serving on the Committee. He noted that he was glad he did not have to do what the PAC
and staff did. He stated he is well aware that the PAC did not have enough time to draw any solid
conclusions about some large issues and he did not expect that.
PAC Member Arnst stated that maybe Council should consider having the well informed PAC, or at
subset of it, continue to work with Council by going into more detail on some of the topics and issues.
Mr. Shardlow noted that Rick Parker, with Mattamy Homes, would like to make a few comments.
Mayor Zerby commented that he was aware there are people in the audience that are not PAC members.
He stated that the redevelopment of the MCC property is a unique opportunity for Shorewood. The City
has some ability to make it fit in the community. The City only has certain tools and mechanisms it can
use to control that type of development and they are its Zoning Ordinances. Council has to make sure the
City is consistent with the application of rules and with following procedures for all property owners and
builders. The City is being consistent with Mattamy Homes and it needs to be consistent with future
developers by using the same set of rules and the same scrutiny that is being used for the MCC
redevelopment. Council will continue to listen to residents about what they view as issues. Council
understands that traffic is the number one issue in the City. He noted that he has no doubt that the MCC
property will be redeveloped at some point. It is private property and it has been transferred to an
individual who has the right to develop it. The City will work cooperatively with the developer.
Zerby extended his thanks to Rick Packer, with Mattamy Homes, and noted that he had been a passive
participant with the PAC. He then extended a big thanks to Mr. Shardlow. He stated that when he first
heard that the MCC property had been sold he told staff the City would need some outside professional
help to help guide the City through this effort. Thankfully Stantec and Mr. Shardlow agreed to help with
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that and give the City needed advice. He again extended his thanks to the PAC and staff for all of their
time and effort.
PAC Member Norman encouraged Council to read the notes that were kept about the PAC workshops
and other input provided with a particular focus on the notes from the earlier workshops.
Mayor Zerby invited Mr. Packer to comment if he would like.
A resident in the audience strongly objected to that if other people in the audience are not allowed to
comment. The agenda was to hear a report from the PAC and Mr. Packer was not a formal member of the
PAC.
Mayor Zerby stated that Mr. Packer wanted to thank the PAC and staff.
Mr. Packer extended his thanks to the PAC, staff and Council. He stated people who do his job, including
himself, can at times be viewed as pushy and they treat all of their projects very personally. He noted he
was grateful for the opportunity to sit in on the PAC workshops and to answer questions when asked and
to briefly explain the project. He stated that being able to observe the process and hear the comments in
detail was very beneficial. He thanked Council for assembling the PAC with members of the community
that cared. They were very considerate, polite and thoughtful during the process. He also thanked Mr.
Shardlow for his efforts.
Mayor Zerby noted staff has asked that this item be continued to Council's June 22, 2015, meeting.
Council will be asked to accept the report on June 22. He noted the PAC was formed as a result of
Mattainy Homes' preapplication late 2014.
Zerby thanked everyone for coming.
Mayor Zerby recessed the meeting at 8:36 P.M.
Mayor Zerby reconvened the meeting at 8:39 P.M.
7. PARKS
A. Report by Commissioner Dustin Maddy on the June 2, 2015, Planning Commission
Meeting
Planning Commissioner Maddy reported on matters considered and actions taken at the June 2, 2015,
Planning Commission meeting (as detailed in the minutes of that meeting).
A. Accept Bids and Award Contract for the 2015 Mill & Overlay Project
Engineer Hornby explained the bids for the 2015 Mill and Overlay project were opened on May 28. The
City received seven bids. The 2015 Capital Improvement Program (CIP) has allocated $215,000 for road
maintenance for bituminous mill and overlays. The lowest responsive bid was submitted by Park
Construction Company for an amount of $195,206. It was a very good bid. He noted staff recommends
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Council adopt the resolution accepting the bids and awarding the contract to Park Construction. He stated
he thought the City hit a sweet spot in the bidding market. A lot of bids were rejected last fall and it is
likely that many were rebid early this spring.
Siakel moved, Labadic seconded, Adopting RESOLUTION NO. 15 -0459 "A Resolution Accepting
Bids and Awarding Contract for the 2015 Mill & Overlay Project, City Project 15 -02, to Park
Construction Company for an Amount Not To Exceed $195,206." Motion passed 4/0.
10. GENERAL/NEW BUSINESS
A. Establishing the 2016 Budget Schedule
Director DeJong explained that during its May 26, 2015, meeting Council directed staff to adjust the
schedule so that the 2016 Capital Improvement Program (CIP) is discussed earlier in the schedule than
staff originally proposed. It will be discussed during Council's July 13 work session. After discussing the
schedule with Mayor Zerby he moved the discussion about the Enterprise Budgets up to late September.
Mayor Zerby expressed appreciation to staff for moving the budget schedule ahead.
Councilmember Woodruff stated he thought the schedule is okay provided Council and staff understand
an upper limit on total CIP spending needs to be established on July 13. He is okay if the allocation of
CIP funds is not done until September 28. His concern in 2014 was the upper tax levy for 2015 was set
before Council discussed the CIP.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 15 -0371 "A Resolution
Establishing the 2016 Budget Schedule." Motion passed 4/0.
ll. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Trail Schedule
Mayor Zerby noted at the dais this evening Council found an updated copy of the Trail Schedule at the
dais.
Engineer Hornby stated he, Mayor Zerby and Director Nielsen attended the June 3, 2015, neighborhood
meeting for the Smithtown Road West Sidewalk Extension Project. About six people attended the
meeting. The attendance may have been lower because it was a very rainy night. He thought attendees
generally supported the project. Staff had the opportunity to talk to some of the attendees about finalizing
easements.
Mayor Zerby stated he thought staff did a great job explaining the map that was displayed.
Engineer Hornby noted that the displays are kept at City Hall.
2. Galpin Lake Road Traffic Speed Update
Director Brown explained that during Council's May 26, 2015, meeting Jim Cradit appeared before
Council to talk about speeding on Galpin Lake Road as well as the volume of traffic. WSB & Associates'
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traffic engineers were asked to place speed counters on the roadway to capture the time of day vehicles
were traveling and the speed they were traveling at as well as the class of traffic. The analysis of the data
captured was not analyzed before the packet for this meeting went out.
Two sets of counters were put out — one north of Mayflower Road and one south of Mayflower Road. The
raw data indicates that the majority of the vehicle speeds north of Mayflower Road were 24 — 42 miles
per hour (mph). He guessed that the 85"' percentile, which is used as a common measure, would be
around 35 mph. The majority of the vehicle speeds south of Mayflower Road were 32 — 46 mph. The
speeds are quite high when compared to the posted speed of 25 mph. There are two 25 mph signs in each
direction. Based on the data those signs do not change drivers' behaviors. People drive at speeds that
seem safe to them for the conditions. What will change the speeds is a change in the conditions and/or
enforcement.
Brown noted staff has asked WSB to do an analysis of the data so the results are available for Council's
next meeting on June 22 along with options for slowing traffic down. Staff hopes WSB will have a draft
policy on when to post speeds of 25 mph available soon. He stated the City has received a number of
requests for 25 mph signs.
Mayor Zerby asked Director Brown to bring back to Council how the data fits into the policy Council
approved in 2013 related to the speed concern evaluation process in decision diagram form.
Jim Cradit, 5925 Galpin Lake Road, thanked Council and staff for the quick action of having speed
counters put out. He commented there had been a third. set of counters put out close to Highway 7 and he
thought they should have been located further away from Highway 7.
Director Brown stated that speeding is an issue throughout the metropolitan area and cities often end up
with similar solutions to addressing the issue.
Mr. Cradit asked someone to get clarification about whether or not a posted speed of 25 mph is
enforceable and ticketable.
Director Brown explained an officer currently is not able to enforce the 25 mph posted speed on Galpin
Lake Road. Councils in the past had various roadways posted with an artificial speed limit. To set the
limit Council needs to adopt a resolution. Council has the authority to adopt a resolution to post the speed
at the designated limit it wants; hopefully it would be based on sound engineering judgment. Once that is
done an officer can enforce the speed limit.
Mr. Cradit stated Chaska Road is posted at 30 mph, Murray Street is posted 20 mph and Galpin Lake
Road is posted 25 mph. Galpin Lake Road in the City of Chanhassen is posted 40 mph. He asked that
Galpin Lake Road be posted at a speed that can be enforced.
Director Brown stated south of the Shorewood boundary it is a County roadway. The speed limit
increases to 40 mph until Lake Lucy Road and south of there it increases to 45 mph.
Councilmember Woodruff stated when this comes back to Council he asked staff to provide a map
showing the speed limits for the adjoining roadways. He then stated if the City were to take down the 25
mph signs the legal speed limit would be 30 mph. For non - posted roadways the legal speed limit is 30
mph per State Statute. Until Council gets the analysis it should not make a recommendation on what the
speed should be.
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June 8, 2015
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Mr. Cradit suggested the legal speed be changed to 30 mph so an officer can write a ticket for drivers
traveling at speeds faster than that.
Councilmember Siakel noted she agrees that Council needs to take some action. She stated she wants to
understand the bigger picture before doing anything.
Mayor Zerby noted that Mr. Cradit has gotten Council's attention.
Mr. Cradit thanked. Director Brown for getting the counters out so quickly and Council for its time.
3. Informational Item: Special Event Permits Approved
Administrator Joynes stated the meeting packet contains a document for information only listing the
special event permits that have been approved.
Director Brown explained the Minnewashta Elementary Back to School 5K run/walk event scheduled for
September 12 is a new event. The route from the School is Smithtown Road, Grant Lorenz Road,
Edgewood Road, Howards Point Road, Smithtown Road and back to the School. The event organizers
propose to essentially block those roadways off. He and Engineer Hornby have discussed that and have
serious concerns about it. School representatives have indicated that maybe they would cone off one half
of each roadway or make them one way during the event. If they were one way each driveway along the
route would have to be posted to show it is one way. Staff does not recommend approving that.
Councilmember Woodruff noted that he does not like what is being proposed. He stated the two
driveways to the Marsh Development would be closed off for the event. He expressed concern that it
appears that the permit has already been approved because it has been signed.
Administrator Joynes asked Council to give staff time to work with School representatives on this.
4. April 2015 General Fund Monthly Budget Report
Mayor Zerby noted the meeting packet contains a copy of the April 2015 General Fund Monthly Budget
Report.
Other
Director Brown stated that the Tonka United Soccer Association (TUSA) Splash Event held the previous
weekend went better than expected on Saturday. But, the feedback received about Sunday was very
dramatic. There were still a number of parking issues and a number of citations were issued. He received
a number of phone calls earlier in the day from upset residents living along the adjoining roadways and
from people coming to the event who could not find a place to park. He suggested the City require
shuttling for any event the size of Tonka Splash.
Councilmember Siakel stated the permit for the June 5 — 7 event was dated May 21 which put constraints
on what staff could do in that short period of time. The permit application stated there would be 200
people at the site at any one time. There was many times more than that there at one time. She asked that
staff let TUSA know in writing that next year the City will require TUSA to provide shuttle service.
Mayor Zerby stated Council needs to set a policy for City parks for tournaments for overflow parking. He
noted he wants the City to be able to recoup staff costs for special events. He asked staff to put together
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ball park costs incurred by the City for events. He stated that when an event coordinator asks to use all of
the fields simultaneously that is a clear indication that parking and traffic will be issues.
Councilmember Labadie asked how the fields and parking lots survived the event. Director Brown stated
the fields and the perimeter fared pretty well.
Labadie suggested the City's policy for large events require the event sponsors to repair any damage to
the parks or public land.
Councilmember Woodruff stated he likes the idea of having a policy for special events. He then stated
that if there is an event that is too big for a park the City should not permit the event.
Engineer Hornby noted that Council was emailed a link to the new DataLink GIS (graphic information
system) System that Council authorized a few months ago. Staff has been using it for about two months
and the feedback received from staff has been positive. He stated the version Council has is the same one
staff is using so he asked Council not to share the link with someone who is not a City official.
Mayor Zerby thanked Engineer Hornby for getting that done. He stated that he has sent Administrator
Joynes and Engineer Hornby a link to policies other cities have for using their GIS information.
Engineer Hornby stated the design for the proposed Galpin Lake Road trail includes realigning the Galpin
Lake Road and Mayflower Road intersection. The reason for doing that is to pull the trail away from the
wetland and to calm traffic.
Hornby then stated that he and some Councilmembers received emails from a couple of people about the
Boulder Bridge Pond Outlet Project. Most of the property owners in that area support the project but do
not want to be assessed for the work. There are two properties that are impacted more dramatically than
others. The owners of those two properties still have interest in the project. The intent had been to talk
about Project during the April 9 Council and staff retreat. That did not happen because higher priority
items were discussed.
Mayor Zerby stated that he would like that to be brought back to Council. He noted that he thought the
recommendation provided in the Feasibility Report for assessment amounts being based on parcel acreage
and an acreage rate was good.
Director DeJong stated he is working on budget activities and is reviewing the results of the 2014 audit.
The audit will be presented during Council's June 22 meeting.
DeJong stated Excelsior Fire District (EFD) Chief Gerber had asked him if there are bonds callable for
the public safety facilities. He and Administrator Joynes spoke with Springsted Senior Vice President
Terri Heaton about possibly refunding those bonds. The bonds can be refunded now as a crossover
advance refunding. They have already been advance refunded once. If that is done a second time in
advance of the call date then they have to be issued as taxable bonds. There would still be enough savings
to reach the State of Minnesota's minimum savings requirement of 3 percent. The call date is February 1,
2016. The bonds can be issued within 90 days of the call date. The savings for the public safety facility
bonds would be in excess of 7 percent.
Councilmember Woodruff stated there are three or four other cities that would have to agree to that. He
suggested the City take a position and pass that on to the other cities before September 1, 2015.
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Director Nielsen stated the Park Commission will be doing park tours on June 9 and on July 14. He then
stated he will be meeting with an Eagle Scout candidate who recently completed his Eagle Scout project
in Manor Park. He put in mile posts around the perimeter of the Park.
Administrator Joynes noted that applications for the South Lake Minnetonka Police Department police
chief position must be received by June 12. The vetting process will begin next week.
B. Mayor and City Council
Councilmember Labadie asked if the City will be fully reimbursed by the developer for Stantec
Consulting Services, Inc., costs for providing planning consulting services for the Minnetonka Country
Club (MCC) residential development project. Director DeJong stated that is what the City is seeking.
Councilmember Siakel noted there is a joint work session of the Excelsior Fire District (EFD) member
City Councils scheduled for June 17 to discuss the proposed 2016 EFD budget. She encouraged
Councilmembers to attend.
12. ADJOURN
Woodruff moved, Labadie seconded, Adjourning the City Council Regular Meeting of June 8, 2015,
at 9:23 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder