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09-28-15 CC Reg Mtg Min CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 28, 2015 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 14, 2015 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of September 14, 2015, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Administrative Assistant Position Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Introduction of Police Chief Mike Meehan CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 2 of 22 Mayor Zerby welcomed South Lake Minnetonka Police Department (SLMPD) Police Chief Mike Meehan who started with the Department on September 14, 2015. Chief Meehan thanked Council for the opportunity to lead what he considers to be an organization composed of very professional and dedicated officers and employees. He stated he started at a very stressful time; it was shortly after the tragedy in the City of Greenwood. He noted he was very proud of how people responded. He hoped that people could build on that and provide excellent service to all of the SLMPD member cities. Councilmember Woodruff asked Chief Meehan if he has any short-term big action plans. Chief Meehan stated he is taking time to learn the environment and how it operates. He noted that the top priority is staffing. One officer is on maternity leave, another officer is going to retire in January and he thought a younger officer is going to leave to take a job with a larger police department. Losing that many people can hit critical mass quickly. Councilmember Woodruff stated he is expecting more traffic / speed enforcement than there has been in the past because of the addition of one more officer to the force. Chief Meehan stated there is a plan in place to study the issue and then approach it from a data driven perspective. Councilmember Siakel stated the speeding issue has been brought to Council’s attention numerous times. Councilmember Siakel commended the SLMPD in how they dealt with the tragedy in Greenwood. She asked Chief Meehan if the Department had what it needed and if the officers had the support they needed to get through that crisis. Chief Meehan stated that last week there was a professional debriefing and officers could decide if they wanted to attend to help them with any difficulties they had with dealing with what they saw that day. He thought that most of the people are doing quite well. He expressed hope that the community is doing the same. Councilmember Sundberg encouraged Chief Meehan to let Council know if there is anything it can do to be of help and to offer up any suggestions he may have. Mayor Zerby thanked Chief Meehan for coming. 6. PUBLIC HEARING A. Continuation of Public Hearing – Comprehensive Plan Amendment and Concept Stage Approval of a Planned Unit Development Applicant: Mattamy Homes Location: 24575 Smithtown Road – Former Minnetonka Country Club Property Mayor Zerby opened the Public Hearing at 7:06 P.M. for a Shorewood Comprehensive (Comp) Plan amendment and a Concept Stage approval for the planned unit development (PUD) of the former Minnetonka Country Club property, and he noted that it is continued from September 14, 2015. Zerby then re-opened the Public Testimony portion of the Public Hearing at 7:07 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 3 of 22 Zerby asked that those people in the audience who want to speak on this item to keep their comments brief in order to be respectful of other people’s time. He stated if a person has a comment that has already been shared by someone else that person should briefly acknowledge it but not elaborate on it. David Cooley, 24725 Smithtown Road, stated that during the Public Hearing on September 14 he brought up the potential need for extended right and left lanes for Smithtown Road eastbound traffic and for extended right and left lanes for Country Club Road northbound traffic. He anticipates that may require the City acquiring additional right-of-way (ROW). He had also brought up the potential need for delaying the construction of the Smithtown Road sidewalk east extension or rerouting a portion of that extension. He thought rerouting a portion of that extension needs immediate attention. The turn lanes may need to be acted on immediately but he thought that may require some type of action. He asked if Council is going to consider the turn lanes. Or, is Council going to move forward without pursuing turn lanes thereby eliminating any option for improvement in the future. Mr. Cooley then stated the proposal is to build 140 single-family homes. He anticipates each household will have at least two vehicles. Many of the families will have nannies. There will be service vehicles coming to the properties so people can clean the homes, mow the lawn and plow the driveways and so forth. There will be more than one trip to and from each property daily. That would add a significant amount of traffic to the community and to the roadways around the area. He noted that he understands the traffic issue on Highway 7 is a Minnesota Department of Transportation (MnDOT) issue. He stated he thought it important for Council to make a difficult decision now. He noted that he understands that Mattamy Homes has a right to develop the site. He stated he, and he thought other residents, do expect Council to act in their best interests and take the appropriate measures to ensure the City can deal with what comes in the future. He assumes there will be additional developments in the area near the Smithtown Road and County Road 19 intersection in the future although not as significant. Mr. Cooley stated he wants to know this evening if Council is willing to step up and address the traffic issues. If not, then he does not think there would be any value in him participating on the Traffic Committee. George Greenfield, 24715 Yellowstone Trail, stated his disappointment with this process has been what he considered a lack of real conversation. Residents have asked questions but there has not been a response to them. He has heard the owner of the 24650 Smithtown Road property raise concern about the east access point to the development being located directly across from his home and that the headlights on vehicles leaving the development would shine into his front window. He has not heard that person get an answer. He has never gotten answers to any of the questions he himself has raised. He raised some of his concerns with a member of Council and he considered the response given as avoiding the issue. Mr. Greenfield then stated that he spoke with Administrator Joynes and confirmed that under the existing zoning for the property the developer could only build 80 houses on the property. From his perspective the idea has been cultivated that the developer’s agreement that would go with the PUD would be some kind of magnanimous gesture on the part of the developer. He commented that it is obvious the developer would make more money by building 140 houses than by building 80 houses. Building 80 houses would eliminate some of the traffic issues and could possibly eliminate the need for the entrance off of Smithtown Road onto the site on the east end; the entrance across from the 24650 Smithtown Road property. He thought there would be a lot of positives that would come from building only 80 houses. From his vantage point if the developer has a so call right to build he suggested it be exercised under the rules of the current zoning. Mr. Greenfield thanked Council for the opportunity to speak. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 4 of 22 Whitley Mott, 24890 Yellowstone Trail, noted his property is located near the southwest corner of the former MCC property. He stated that based on what he has read it is his understanding that the City will ultimately be responsible for maintaining the public open space on the redeveloped site. He asked how the City will do that. The former golf course has somewhat gone to seed and there are many weeds on it. He then stated that the meeting minutes indicated that the drainage issues from the site would be taken care of. He explained the property has been draining down to a retaining pond. He has spoken with Mr. Packer with Mattamy Homes about the drainage pipe that conveys stormwater to Lake Minnewashta. That pipe is raised out of the ground. Caretakers of the Country Club used to park a tractor on top of the pipe to keep the pipe down so the stormwater would drain. When he brought the issue of the raised pipe to Mr. Packer’s attention he was quick to do something about that. That raised pipe results in all of the stormwater flowing from the higher course holes not flowing on to Lake Minnewashta. It is backing up at the retaining pond and flowing on to his property. As a result they have had a lot of trees fall over because the ground was over saturated. That needs to be addressed. He noted that he has found Mr. Packer to be awesome. Mr. Mott then stated that when he and his wife had their home built in 1996 they had a flood plain study done. Their home is potentially in the middle of the flood plain if things are not done correctly. For the record, he stated in the event of a catastrophe if his home and yard are flooded he asked what his recourse is with the City. Mr. Mott thanked Council for its time. Mayor Zerby closed the Public Testimony portion of the Public Hearing at 7:16 P.M. Zerby noted that tonight Councilmembers finally have the opportunity to discuss their perspectives as a group on the applicant’s requests. Zerby asked Director Nielsen to elaborate on the maintenance of the open space and drain tile. Nielsen explained the drainage facilities, wetland areas, proposed stormwater retention ponds and the drain pipe that leaves the site needed for stormwater management all have to be approved by the City engineer and the Minnehaha Creek Watershed District’s (MCWD) engineers. That will be done as part of the Development Stage; the Stage in the PUD process when the details are worked out. Nielsen stated he has suggested the rest of the open space where the trails go through be restored to a natural area with the space near the trail being a mowed area. The details of that will be worked out in the Development Stage. He noted it may take as long as four years to establish that natural area based on how long it has taken the Gideon Glen area to establish the prairie grass. He explained the maintenance would entail maintaining the trail and then some amount of clear space next to the trail about 6 – 8 feet wide. Councilmember Siakel asked when the deteriorated drainage pipe would be replaced. Mr. Packer responded in stage 1 of the development. Mayor Zerby noted that is not part of the concept plan. Mayor Zerby asked if there is any leeway on the location of the proposed entrance off of Smithtown Road on the east side of the site. He questioned if that is part of the concept plan. Director Nielsen explained he thought there is leeway in terms of the design of the entry; for example, how it angles. The developer would have to do some tree replacement and a couple of the replacement trees could be planted on the north side of Smithtown Road to screen headlights if the property owner wants that. Zerby asked if now would be the time to ask for the entrance to be shifted 50 feet to the east or west. Nielsen suggested that issue be mitigated during the Development Stage. Councilmember Woodruff commented that there is no detailed plan available at this time. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 5 of 22 Councilmember Woodruff stated it is his understanding that drainage leaving the site after the development will at a minimum be no greater than it currently is and hopefully it will be less. Mayor Zerby stated that Council has heard loud and clear that residents think there is a need to improve the Smithtown Road /Country Road 19 / Country Club road intersection area. At what point does the City get to have some say about that. Director Nielsen explained that Council had directed staff to establish a Traffic Committee to discuss the Country Club Road / Yellowstone Trail / Lake Linden Drive collector route. The developer is well aware that the City is going to acquire additional right-of-way (ROW) for Smithtown Road on the east side of the site and along most of Country Club Road to bring the total width of the ROW to 66 feet. That should accommodate turn lanes on Country Club Road on the north. Councilmember Woodruff stated if a decision is made to construct extended turn lanes on the north end of Country Club Road he asked what impact that would have on the work Council has already authorized for the Smithtown Road Sidewalk East Extension Project. Councilmember Siakel stated that maybe that Project would be slowed down. Director Nielsen explained the contractor for that project intends to do some tree clearing in 2015 with construction being done in 2016. It is his understanding that the Traffic Committee’s work will take about six months. That would allow the City time to order the change for the Sidewalk Project. Councilmember Labadie asked if the Traffic Committee has met. Engineer Hornby explained the Committee members have been polled about their preferred day and time for the first meeting, noting that not all members can be accommodated. The first meeting may possibly be scheduled for October 8; that has not been confirmed yet. During that meeting a day and time will be set for future meetings. Councilmember Sundberg noted she wants Council to be copied on information about the Committee’s work. Councilmember Siakel stated the Country Club had been in existence for 100 years. It had somewhat been an icon and anchor for the west side of Shorewood. Whatever ends up being developed on the former MCC site will be there for decades. She wants the development to be well thought out and be something everyone can be proud of. Regardless of how the site is developed it will not be possible to make everyone happy. She then stated the community would benefit from the redevelopment of the site in a number of ways. The City would receive park dedication fees that would help fund much needed improvements to Badger Park. The redeveloped site would have open access and a natural appearance. The perimeter trail would be a great amenity and it would provide a safe route to school and a way to access the LRT Trail. The City’s acquisition of additional ROW along most Country Club Road and the east end of Smithtown Road would allow the City to make some improvements to the roadways to solve traffic issues. She noted that for the most part she is supportive of the concept plan. She explained there are a number of residents in the City over the age of 50 who would like to continue to live in the City. That is the fastest growing subset of the population in the City. She thought the age-targeted housing included in the proposal is important. She does not object to the proposed age-targeted housing on the east side of the site because it is along a cul-de-sac. She does have concern about the age-targeted housing proposed for the west side of the site. There would be 10 houses lined up on each side of the roadway and she does not think that fits in with the immediate area. It is more of an aesthetic issue. She asked if Mattamy has another product to offer for there or if it would be willing to work with another builder for that portion of the development. She thought that maybe patio homes or townhomes could soften the area when entering the development on the west. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 6 of 22 Mr. Packer explained Mattamy offers a wide range of products. Mattamy thought the proposed age- targeted housing was the best product given the demographics of the area. During the very first meeting of the Planning Advisory Committee (PAC) he was surprised to learn how long people live in the area. Fifty percent of the calls Mattamy has been receiving over the last few months have been about the age- targeted housing. There are a couple of houses on the properties just west of the Mattamy site and the rest is wetland and buffers. One of the owners of the residential properties to the west liked the idea of the single-level housing; it would not have the height impact that two-story housing would. And an owner on the other side was also supportive of the one-story housing. Mattamy has provided Director Nielsen with some plans, some alternate elevations, that Mattamy is constructing in Woodland Cove. Two are under construction and there is a third one underway. They have quite a bit of character; they are not just boxes lined up in a row. There is quite a bit of attention to exterior detail. The decks are built into the houses. There are things that make them very interesting structures. Mattamy has no concerns that people driving past those houses would think that housing would look funny. That age-targeted housing type is kind of a patio home; it is single-level structure. Mattamy does offer a two-story townhome product but he does not think that would fit in on the west side. Mr. Packer stated he thought the age-targeted housing on the northeast corner will look fine and it would be somewhat shielded by vegetation. Mattamy will be putting in another type of single-story product because it has a loft. Councilmember Siakel stated she envisions 10 houses on each side of the street that would be 15 feet apart without much character. Mr. Packer clarified Mattamy does have a product that is about 1.5 stories high; it only has a two-car garage. Mayor Zerby displayed an animation view of how he perceived the age-targeted housing would look on the west side of the site. What he displayed was a tight row of housing with not much space between them; there would only be 15 feet. He noted that he can see the proposed age-targeted housing on the east side. But, on the west side it does not fit in with the housing to the west of the site. Zerby stated he thought the pre-application was for 120 houses (he referred to them as deluxe houses) with an $800,000 price point. That amounts to $96 million dollars in housing. The concept plan being considered is for about $85 million in housing. If the 20 age-targeted houses proposed on the west side were replaced with 10 deluxe houses it comes out to roughly the same dollar value (just under $85 million) in housing and close to the same amount from an acreage standpoint. He suggested housing that is somewhere between the pre-application proposal and the Concept Stage proposal would be a reasonable compromise. He thought the PAC was looking for something like that. Councilmember Siakel stated she thought there is a need for a variety in housing and that the City needs age-targeted housing on the east end. She then stated she thought she heard that if the 20 age-targeted units on the west side were eliminated Mattamy would replace them with 10 traditional units. Mr. Packer stated if 20 $800,000 houses were replaced with 40 $500,000 houses the total housing value would be higher for the age-targeted. Councilmember Siakel asked if there would be less traffic generated by the 20 age-targeted housing households than by the 10 traditional single-family households. Mr. Packer noted he provided Director Nielsen and Engineer Hornby with the following statistics earlier in the day. Mattamy’s traffic engineer CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 7 of 22 found the information on a government website. He explained a traditional single-family generates about 9.7 trips per day. An age-targeted household generates about 3.7 trips per day. Therefore, less traffic would be generated by the age-targeted households. Mr. Packer stated from his perspective some of the adults who purchase the age-targeted housing would likely be retired and therefore not add to the traffic during the peak times. Councilmember Labadie explained that the previous week she spoke with the Communications Director for Minnetonka Public Schools and learned that based on last year’s enrollment numbers and projections the student enrollment for this year enrollment should be about 10,100 in Minnetonka Public Schools. For the last school year 3,000 of the students were open enrolled and they came from 36 school districts around the state. She noted that once a child has been open enrolled in the Minnetonka Public Schools they will not be turned away. They can attend until they graduate. Those student’s younger siblings are not guaranteed a spot. She stated representatives from the Minnetonka Public Schools do predict that at some point open enrollment will be closed. She stated she thought younger families may want to purchase the age-targeted housing because they want their children to attend Minnetonka Public Schools. She noted she has received phone calls from parents of young families interested in the age-targeted housing because of its lower price point. Because the age-targeted housing is not age-restricted anyone can purchase an age-targeted house. She explained that when she served on the Planning Commission the Commission assumed a traditional single-family household would generate 8 – 10 trips per day. An elderly or retired couple would generate 2 – 3 trips per day. If those age-targeted units are purchased by young families the amount of traffic they would generate would be significant. She noted she has concerns about constructing 140 houses on the site. She stated she understands the community needs housing for seniors. Unfortunately, no one can guarantee the age-targeted units will be purchased by just seniors. That concerns her. She then noted that last year a Minnetonka public school received the National School of Excellence Award from the United States Department of Education. A school has a five-star rating by the Minnesota Department of Education. In 2015 the Niche ratings named Minnetonka High School the best public high school in Minnesota. Labadie stated the proposal was modified to include age-targeted housing based on feedback provided to the developer from the PAC. She does not think that the PAC members realized that in order to get those age-targeted units the total number of units developed was going to be increased. Mr. Packer stated the PAC had been informed that the number of units would be increased 140 when age- targeted housing was added. He then stated the age-targeted housing would be an unfriendly floor plan for families. Councilmember Labadie stated a one or two hour drive to bring a child to a school in the Minnetonka School District is unfriendly as well. She thought a brand new house in an area with trails would be quite appealing to families currently living outside of the Minnetonka School District area. Mr. Packer stated the age-targeted units would not have a bedroom for children. They will have one bedroom on the main floor. They will also have a flex room in the front of the house. The basement would have to be finished off in order to build another bedroom. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 8 of 22 Councilmember Woodruff asked what the price point will be for the age-targeted housing. Mr. Packer responded Mattamy anticipates the average sale price to be $500,000 – $550,000. Woodruff stated those units would not be starter homes. He thought that at that price range there are a lot of houses in the area for families. Multiple bedroom houses and the lots would have back yards. He does not think there will be a rush of young families wanting to purchase those units. Mayor Zerby stated he has concerns about the proposed 7.5-foot-wide side yard setbacks for the age- targeted houses. He thought the proposal is to use the entire lot for those units and that would result in the houses being 15 feet apart. The current Ordinance calls for a 10-foot-wide side yard setback and larger lots. He thought the 7.5-foot-wide side yard setbacks will create a wall of housing look and also create some hazards. He expressed his discomfort about the smaller setback. He stated Mattamy has a variety of housing styles and maybe units less wide could be constructed with 10-foot-wide setbacks. Mr. Packer indicated that going with 10-foot-wide side yard setbacks would likely result in the loss of one age-target lot on each side of the roadway. Zerby clarified he was talking about changing the housing style. Mr. Packer stated to accommodate a wider setback the width of the age-targeted lots would have to be increased to 60 feet; currently they are proposed to be 55 feet wide. Councilmember Sundberg asked if the setback width needs to be decided this evening. Director Nielsen stated the developer needs direction on that. He explained the developer’s next plan set would include a preliminary plat. Therefore, the developer needs to know what product it would build on the lots. Nielsen clarified that at the very minimum the PUD Ordinance states “… no two buildings shall be nearer to one another than one-half of the sum of the building heights, giving due consideration to solar access”. Councilmember Sundberg stated she does not share the concern about young families buying the age- targeted housing in part because of the price point and because they are one bedroom units. She then stated she thought there is a need for and a demand for age-targeted housing. She stated she could support reducing the number of units to 130. Councilmember Siakel stated that would be done by replacing the 20 age-targeted units on the west side of the site with 10 traditional units. She again asked if Mattamy has another age-targeted type product it could build on the west side that would be more aesthetically appealing. Mr. Packer stated that would a two-story townhouse. Mr. Packer then stated that about one-half of the people are age-targeted people in its Maple Grove development. Siakel noted the townhouses near Gideon Glen are single level and they have a basement that can be finished off. Mr. Packer stated Mattamy does not have a product like that but that does not mean it could not build a product like that. But, corporate would have to make the decision to design a new product for one cul-de-sac. He noted that type of product would result in less open space because there are fewer buildings and therefore fewer setbacks. Mr. Packer stated he would like to know if Council wants to replace the 20 single-story age-targeted units on the west with 10 two-story traditional units. If that is what Council wants it would reduce the number of age-targeted units on the site to 20. He asked if Mattamy still has the option to revert back to its 121- unit proposal with no age-targeted units. Mayor Zerby stated he thought there would be other opportunities to have age-specific housing developed and noted he thought there is a need for that in the City. He noted that he has spoken with a developer who is interested in developing along the north side of Smithtown Road. There is a desire to develop some age-targeted affordable housing there. Councilmember Sundberg asked Mr. Packer what the market is for age-targeted housing based on Mattamy market research. Mr. Packer clarified Mattamy did not have a market study done. Mr. Packer CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 9 of 22 stated Mattamy does know there is desire for that housing type and the City’s demographics indicate that. The popularity of that product out in Minnetrista demonstrates there is a market for it. People in their 50s may want to move into that housing type in 5 – 10 years and still stay in the community they live in. He noted Mattamy does not question the marketability of age-targeted housing in the least. Sundberg noted that she does not want to lose all of the age-targeted housing. She stated she understands Mr. Packer to be saying that if there isn’t going to be age-targeted housing on both sides of the site then there won’t be any. Mr. Packer clarified that he did not mean that as a threat. He just asked if he could revert back to the 121- unit proposal. He noted that from his perspective he thought the age-targeted housing on the west side would be the most attractive because there are few residents living near there. Two of the three owners of properties to the immediate west of the Mattamy site have indicated they preferred age-targeted housing and the third property is pretty distant. Councilmember Sundberg stated she understands there may be other development opportunities for age- targeted housing but it is likely that they would not be as nice as what would be developed on the Mattamy site. Mayor Zerby stated he thought the age-targeted housing would fit best on the northeast corner of the site because of the pedestrian access that would be available to get to restaurants and shops. It would be a longer walk for people on the west side. He stated that he has heard from owners of properties immediately to the west of the Mattamy site who indicated they are not able to subdivide their properties yet Mattamy can build on smaller lots. He expressed concern about setting a precedent of adding more density on the west side of the site. Councilmember Sundberg stated she empathizes with that. Councilmember Sundberg noted that she could support a reduction in the number of units provided there will still be 20 age-targeted units developed on the northeast corner. Councilmember Siakel stated the feedback the City received indicated there is a need for age-targeted housing. The question is how many units. She explained her concern for the age-targeted housing on the west was it could be “cookie cutter” houses built 15 feet apart. That is not what Shorewood has been about. She stated the west age-targeted housing would not be built until phase 3 of the development. By that time Mattamy will know how that type of housing on the east side sold. She assumes the developer would adjust things based on need before starting that third phase. Mr. Packer commented some decision needs to be made as to whether or not there will be the needed critical mass. Mr. Packer explained there are three different styles of age-targeted houses each with four different front elevations. Some of them are very contemporary. He encouraged people to go to Woodland Cove and look at the two that are under construction. He can address those types of things. He stated Mattamy can look into increasing the width of the side yard setbacks if that would help the age-targeted housing look less “cookie cutter”. Council may decide on the 10-foot setback at the preliminary stage or maybe Mattamy come back to Council before that in a work session because it has all of the drawings that can be changed. He noted that he can address those types of things. He suggested maybe having neighbors on the west side of the Mattamy site come and tell Council what they prefer for the northwest corner. Mayor Zerby stated he hears three options being discussed. The current 140-unit option, the pre- application 121-unit option and a hybrid option which entails replacing the 20 age-targeted units on the west side with 10 standard units for a total of 130 units. He asked if Mattamy would consider the hybrid option. Mr. Packer stated he cannot decide if constructing only 20 age-targeted units on the north east CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 10 of 22 corner would be a sufficient mass to warrant introducing a third product. Mr. Packer stated there is a fourth option with attractive fronts and 10-foot-wide setbacks. Councilmember Sundberg asked if Council needs to give Mattamy additional time to come back with additional renderings. Mayor Zerby stated he thought Council needs to make a decision tonight on the concept plan. Councilmember Labadie stated if Council accepts the recommendation of the Planning Commission to approve the Concept Stage plan then things move forward. If Council does not approve the plan then Council can give Mattamy guidance on what it wants. Mayor Zerby asked Director Nielsen if Council needs a yes or no vote or can Council suggest something else. Nielsen stated Council can suggest modifications. Councilmember Woodruff stated he thought Council can do that but it cannot approve something it has not seen this evening. Nielsen noted that people know what the northwest corner with 10 homes on it would look like; that was what was submitted as the pre-application. Woodruff stated he has not seen that. Nielsen clarified Council has and Zerby concurred. Woodruff stated Council has not been asked to consider that 121-unit pre-application. He then stated a 140-unit application is what is being considered this evening. Zerby noted the plan being considered does not have a legal cul-de-sac on the west side. It would be irresponsible to approve that plan. Council is being asked to consider a concept this evening. Woodruff stated Council should reject it then. Councilmember Woodruff expressed discomfort with what he perceived as a “loosey goosey” way of doing business. He stated what is on the table is 140 homes. If Council is not going to approve that then the developer needs to come back with some other plan and Council can tell the developer what it would like to see. Mayor Zerby stated if Councilmember Woodruff is looking at the plan as black and white the developer has not submitted a plan with a legal cul-de-sac. Council would be irresponsible if it approved it. The developer has submitted a concept plan. Councilmember Woodruff stated then Council should reject it. Councilmember Siakel asked what the reason for rejecting it is. Woodruff reiterated he is uncomfortable with what he perceived as a “loosey goosey” way of doing business. Councilmember Woodruff stated the only thing he would be comfortable with approving tonight is the Comp Plan amendment that says the site will be zoned a PUD. He thought all of Council would support that and if not then there are major problems. He commented that the Comp Plan amendment needs to be approved by the Metropolitan (Met) Council and surrounding cities. Councilmember Siakel noted she does not think Council is doing anything “loosey goosey”. She stated if Mattamy would be willing to work with the City to ensure the age-targeted housing on the west side of the site would not have a “cookie cutter” look the concept is something she could consider. She then stated she thought the choices are clear – Council can approve the concept of 140 houses as was recommended by the Planning Commission or it can approve the concept of 130 houses. Mayor Zerby stated this is the first time Council has had the opportunity to really discuss the concept plan. The residents have had multiple opportunities to comment on this and so has the Planning Commission. Ultimately, Council has the responsibility to make the decision. This is Council’s opportunity to give the developer feedback and not just say yes or no. He noted that he does not think Council is doing anything “loosey goosey” either. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 11 of 22 Councilmember Woodruff stated Council needs to give the developer an itemized list of what Council wants the developer to come back with should Council reject the concept plan. Mayor Zerby stated he would expect that to be part of a motion. Woodruff noted he would vote against anything else unless Council does that. Councilmember Siakel asked Attorney Keane if Council needs to have the level of specificity Councilmember Woodruff has suggested and if so does Keane recommend Council do that. Attorney Keane explained that Shorewood’s PUD process has three stages – the Concept Stage, the Development Stage where the details are flushed out, and the Final Plan Stage which is the formality of ratifying all of the previous decisions that had been made. At the Concept Stage, Council approves the general layout which includes the basic unit mix, layout of the roadways, and the fundamental concept of the plan. He noted there would be flexibility between the Concept Stage and the Development Stage. There, details would have to be worked out. The spacing between units (i.e.; setbacks) would be one of those details. Setbacks are not a Concept Stage detail. That would be a refinement during the Development Stage. He recommended Council should fix the general concept of the plan at this point of the approval process. Director Nielsen stated the more direction Council can give the developer at this stage the better. He then stated if it is necessary to draw up the hybrid options discussed during this meeting that can be done. Councilmember Woodruff stated if Council wants something different than what has been submitted then Council and the developer should discuss the changes Council wants made. Mr. Packer had mentioned having a work session to do that. The outcome from that discussion would be a revised concept plan that Council could consider and approve. Councilmember Siakel clarified she was not saying she wants a hybrid option. She asked if her concern about a potential “cookie cutter” look for the age-targeted housing on the west side would be addressed in the concept plan or the development plans. Councilmember Woodruff stated Council needs to have a reasonable idea of what it wants done during this Concept Stage and the developer needs to be made aware of Council’s desires. Mr. Packer stated Mattamy always end up with conditions attached to subdivision approvals. There have been as many as 30 conditions. He then stated he would like Council to approve the concept this evening subject to one of four options: 1) the concept is fine as it is (140 units with 40 being age-targeted units); 2) there being 130 units with no age-targeted units on the west side of the site; 3) no age-targeted units at all (the original 121 units); and, 4) 140 units (40 of which would be age-targeted) with the age-targeted units having 10-foot-wide side yard setbacks. He needs to go back and figure out what Mattamy would be willing to do and he thought it would be the fourth option. He noted that prior to the preliminary plat Mattamy would address Councilmember Siakel’s concern about what the age-targeted units would look like. Councilmember Sundberg stated it was difficult for her to imagine a developer building “cookie cutter” looking age-targeted housing that costs $500,000 per unit because she does not think people would buy them. She noted she would support the 10-foot-wide side yard setbacks for the age-targeted units because that would be more in line with the area. She stated Council could approve the concept plan with the understanding the age-targeted housing would have 10-foot-wide side yard setbacks. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 12 of 22 Mr. Packer stated he assumes if some members of Council don’t like the 7.5-foot-wide side yard setbacks for the age-targeted housing proposed for the west side they don’t like them for age-targeted housing proposed for the east side. Councilmember Labadie asked Council to keep in mind that the 140-unit concept plan was recommended for approval on a 3/2 vote by the Planning Commission. The two dissenting commissioners did not approve the plan mainly because of the number of units. She commented that she does not recollect the Commission ever having a 3/2 vote during her tenure on the Commission or Council. Councilmember Siakel noted she is comfortable with 140 units provided the age-targeted units on the west side would somewhat fit with the character of the area to the west. She thought it would be important to have that housing there. She stated she could live with replacing the 20 age-targeted units on the west with 10 standard units but she does not think that would reduce traffic. Mr. Packer stated he thought the two dissenting commissioners’ concern about the number of units was primarily related to traffic. Director Nielsen stated he suspected so. Mr. Packer stated he had never presented to the PAC or the Planning Commission that traffic would be less with the age-targeted units. Councilmember Labadie stated one commissioner stated it was too many houses. Mayor Zerby suggested Council take action on the Comp Plan amendment. Zerby moved, Sundberg seconded, directing staff to prepare a resolution adopting an amendment to the Comprehensive Plan’s Land Use Map to change the land use for Mattamy Homes’ property located at 24575 Smithtown Road to low density residential (1 – 2 units per acre). Motion passed 5/0. Zerby moved, Woodruff seconded, directing staff to prepare a resolution approving the planned unit development concept plan for Mattamy Homes for its property located at 24575 Smithtown Road subject to there being 20 age-targeted houses with a variety of appearances on the east side, to the side yard setbacks for the age-targeted housing being 10 feet wide, to adding a second access to Smithtown Road and to replacing the 20 age-targeted houses on the west side with 10 standard single-family houses. Councilmember Siakel asked if that would be acceptable to Mattamy. Mr. Parker responded there would not be 20 age-targeted units on the east because the side yard setbacks were increased to 10 feet wide for those units. He thought 2 or 4 units would be lost but he does not know for sure at this time. It would lessen Mattamy’s critical mass for building those units. He would prefer a hybrid of 10-foot-wide setbacks and age-targeted housing on both sides. Mr. Parker stated if the motion gets approved he asked if Mattamy still has the option of going with its pre-application proposal of 121 single-family units. He noted he needs that direction. Councilmember Siakel stated she thought the 10-foot-wide setbacks would have been for the west side age-targeted housing. She asked Mayor Zerby if he intended that to be for the east side units as well. Mayor Zerby stated that was his suggestion but he was open to discussing that. Siakel stated she does not think it would be necessary for the east side age-targeted units to have 10-foot-wide setbacks. They will be along a cul-de-sac so the visual impact is different. Councilmember Sundberg asked if there is an option for age-targeted housing on the east and west sides to all have 10-foot-wide setbacks, noting she understands that would result in a loss of some units on each side of the site. Siakel noted she could CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 13 of 22 support Zerby’s motion provided the requirement for 10-foot-wide setback for the east side age-targeted housing was removed. Without objection from the maker or seconded, the 10-foot-wide side yard setback requirement for the east side age-targeted housing was dropped. Councilmember Labadie recommended the proposed east entrance onto the development from Smithtown Road be moved so headlights on vehicles leaving the site do not shine into the home across the roadway. She noted that can be addressed during the Development Stage. Mr. Parker explained the center line for that entrance has been staked and it would line up with the driveway on that property. The headlights would shine on the garage and other parts of the home that do not have windows. Someone has planted arborvitae across the street and Mattamy would be willing to enhance that landscaping. He noted that Mattamy would try and tweak the location if need be. Councilmember Woodruff suggested Mattamy put in the conduit for the future installation of fibre optic cable to the home. Mr. Parker stated that requires that there be a spot for that to come into the house if it ever does come. Councilmember Sundberg stated she could support the motion. She cautioned Council not to lose sight of how the proposed development would impact future developments that would likely be done in the immediate area. The Traffic Committee needs to take future developments into account as well. Mr. Packer stated if Mattamy corporate says 18 or 20 age-targeted units would not be enough critical mass to move forward with those units he asked if Mattamy can revert back to its pre-application 121-unit concept and not start the process all over again. Councilmember Woodruff stated if Mattamy cannot accept the change being recommended Mattamy can withdraw the current application and come back with another one. Councilmember Siakel stated she thought it would be a big mistake not to have age-targeted housing. Councilmember Sundberg concurred. Councilmember Labadie stated if Mr. Packer finds out that Mattamy would not be willing to move forward with just 20 age-targeted units she asked Attorney Keane if Mattamy has to submit a new application and go through a new public hearing process. Keane stated he does not think things are at that point in the approval process. Attorney Keane explained that Mattamy submitted a pre-application for a 121-unit concept. The PAC recommended adding some age-targeted housing which brought the number of units to 140. Mayor Zerby clarified the PAC recommended there be more variety in housing types and price points. Keane stated the 121-unit concept and the 140-unit concept have been thoroughly reviewed. The Planning Commission recommended approval of the 140-unit concept. Council is now talking about modifying that recommendation. Mattamy could retreat to its original 121-unit concept without having to start an entirely new application process. He noted he wants that reflected in the motion and in the resolution. Councilmember Siakel stated she thought Council should support what the PAC and Planning Commission recommended. She strongly believes age-targeted housing should be part of the development. She noted she believes it would be a mistake not to include age-targeted housing especially on the east side. She stated if Mattamy would not approve constructing just 20 age-targeted units she CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 14 of 22 would prefer to approve the 140-unit concept. The PAC recommended a variety of housing types. The Commission recommended approval of the 140-unit concept. Councilmember Sundberg agreed with the need to have age-targeted housing as part of the development. She asked Mr. Packer if he was indicating that Mattamy would be willing to construct only 20 age- targeted units that would be located on the east side. Mr. Packer stated he does not know if Mattamy corporate would approve that. Sundberg stated that if Mattamy corporate won’t approve that then she would prefer to support the 140-unit concept the Planning Commission recommended. She reminded people that the “devil is in the details” and the details would be addressed during the Development Stage. She stated she would not be concerned that any developer with Mattamy’s track record would build “cookie cutter” age-targeted housing to sell for $500,000. Mayor Zerby stated he thought people were second guessing what would happen. He noted that if the motion on the favor does not move forward then he prefers reverting back to the 121-unit concept. He stated the number one issue conveyed by the Planning Commission, the PAC and residents was traffic. It was two to one over any other issue with the proposed development. Councilmember Siakel stated based on the traffic data provided by Mr. Packer the number of vehicle trips per day would be close to the same for 10 standard single-family households as by 20 age-targeted households. Councilmember Woodruff stated he understands Mr. Packer to have said he has approval to move forward with the 140-unit concept or the 121-unit concept and at this time he does not have authority to move forward with a 130-unit concept. Councilmember Siakel stated she thought she heard Council say that if Mattamy says it would not move forward with a concept that includes only 20 age-targeted units (i.e., the 130-unit concept) then it would revert to the 121-unit concept without any age-targeted housing. Mayor Zerby noted there is a motion on the table. Councilmember Woodruff stated a motion that Zerby made and he seconded. Councilmember Sundberg noted that she would vote against the motion on the table. She stated traffic is an issue and it has been an issue since long before the developer purchased the property. She commented that maybe the development proposal has prompted Council to consider dealing with the traffic situation where possible. There will be limitations on what the City can do because of MnDOT’s involvement. Mayor Zerby stated he understands two members of Council to be saying they will not vote for the motion on the table yet earlier on had indicated they would. He asked them what had changed for them. Councilmember Siakel stated the clarification of what would happen if Mattamy corporate does not support it and then retreats back to the 121-unit concept. Siakel and Councilmember Sundberg both reiterated they do not want to lose age-targeted housing. Zerby reiterated people are second guessing what would happen. Councilmember Labadie stated Council could reject the 121-unit concept if it came before Council for approval. She asked if that would require Mattamy to start the entire process all over. Attorney Keane stated he would have to think about that. Mayor Zerby stated the vote against the motion would be because the developer may not be able to then meet the desire for the age-targeted housing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 15 of 22 Councilmember Siakel explained that for nine months Council has heard from residents about what they would like for the development. The developer responded. The Planning Commission has vetted the concept plan. Moving forward with a 140-unit concept does not go against what residents or the Planning Committee have recommended. She clarified she did not have a big problem with the 140-unit concept. She did have concerns about the possible aesthetics of the age-targeted housing. If the developer would work with the City on the aesthetics of the age-targeted housing she would support the 140-unit concept. Mayor Zerby stated the Planning Commission’s vote was a 3/2 split. Much of the input the PAC provided is missing from his perspective. One example is combining the wetlands into a single wetland. He rejects the idea that the Commission and the PAC are the authority and Council either accepts or denies the proposal. Council can help craft what the project would look like. Councilmember Woodruff suggested Mayor Zerby call for a vote on the motion. Mayor Zerby clarified the motion on the table directs staff to prepare a resolution approving the planned unit development concept plan for Mattamy Homes for its property located at 24575 Smithtown Road subject to there being 20 age-targeted houses with a variety of appearances on the east side, to adding a second access to Smithtown Road and to replacing the 20 age-targeted houses on the west side with 10 standard single-family houses. Director Nielsen noted the Planning Commission had recommended other conditions of approval. He asked if he can assume those should be included in the resolution. Mayor Zerby stated that would be his intent. Without objections from the maker or seconded, the motion was amended to also include subject to the conditions recommended by the Planning Commission. Motion failed 2/3 with Siakel, Sundberg and Woodruff dissenting. Woodruff moved, Sundberg seconded, directing staff to prepare a resolution approving the planned unit development concept plan from Mattamy Homes for its property located at 24575 Smithtown Road subject to adding a second access to Smithtown Road and the conditions recommended by the Planning Commission. Mayor Zerby asked if the maker and seconder would be amenable to adding the condition for increasing the width of the side yard setbacks to 10 feet from 7.5 feet for the age-targeted housing. Councilmember Woodruff stated no. Motion passed 3/2 with Zerby and Labadie dissenting. Councilmember Siakel stated Council is well aware that traffic is an issue. She clarified that establishing a Traffic Committee was not intended to be just “putting a band aid on a problem”. She stated she would like the Committee to take a global look at the issue. She explained the traffic that would be generated by people living in the proposed development would be a Shorewood problem. But, the traffic issue is not just Shorewood’s. It is also a MnDOT and a Hennepin County issue. On County Road 19 traffic can be backed up to the Narrows Bridge in the morning. The intersection at State Highway 7 and Highway 41 is very problematic. That is a State issue that the State needs to address. In the morning it is a 30 minute drive to get past Excelsior and the high school. Highway 7 is a problem. There is development being built to the west of Shorewood in St. Bonifacius; 2,100 houses are being built. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 16 of 22 She then stated the facilitator for Traffic Committee meetings needs to be very prepared for the meetings. All options for addressing the traffic issues need to be explored regardless of their potential or viability. She suggested a member of Council be involved with the Traffic Committee. She also suggested Council reach out to its legislative representatives and push for help from the County and State. She noted she has confidence in the residents who have volunteered to be on the Traffic Committee. She stated she thought a lot could be done to improve the situation on Country Club Road but she does not think a meandering parkway is one. There would be an opportunity to put in pedestrian crosswalks to the trails that would be built on and near the site and to Badger Park. The crosswalks could possibly be elevated and they would help slow traffic down. She then stated there needs to be a plan to address the traffic at various levels of government. She reiterated she clearly understands that traffic is an issue and that something has to be done to address it. She is committed to trying to get that addressed. Siakel stated that in moving forward with the Development Stage of this project the devil will be in the details. Council has heard about a number of issues that were a result of projects done before this Council was formed. She has always said that when working with people excellence should be demanded but not perfection. She believes staff tries to operate in an excellent way. They are human beings and they can only do so much. She suggested Council make additional human resources available to help manage and assist with the details of this project going forward. Someone needs to monitor what the developer is doing. She wants to be assured that nothing is left unchecked. She expressed concern about the maintenance of the site as it is developed over a 4 – 6 year period. There needs to be a plan for that. She suggested hiring the services of someone who has expertise in the developing a natural area. She stated she thought making additional resources available coincides with succession planning. She recommended Administrator Joynes, Director Nielsen and the Personnel Committee meet as quickly as possible to review Planning Department’s needs and then bring suggestions to Council during its next meeting or two about how to adequately staff the manage the details and oversight of the project. Siakel noted this development project will be a legacy of this Council and the City. It would be there for decades to come. She wants it to be done correctly. She stated she wants the residents to know they have been heard. She thought Council will do its best to ensure concerns are addressed in depth and in detail during the next stage of the project. Councilmember Sundberg stated she echoed nearly everything Councilmember Siakel just stated. She suggested the Personnel Committee and staff consider a combination of staffing additions and consulting support. Mayor Zerby expressed his disappointment that Council chose to accept the proposal as a whole without putting any more into it. From his perspective there are a lot of issues that have not been addressed. Council has heard from residents through two public hearing processes. He thought Council did a disservice to the residents because from his perspective their voices were not heard. He also thought Council passed up an opportunity to have a say in the process rather than just letting the Planning Commission do the work. The responsibility for the project falls on Council. He thought Council missed an opportunity to make a difference. Councilmember Labadie concurred with that statement by Zerby. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 17 of 22 Councilmember Sundberg reiterated the devil is in the details. The details will be vetted during the Development Stage. She noted that she has heard residents loud and clear. She stated that Council clearly understands how big of an issue traffic is and that there is a need to explore all options for addressing it. Additional development that will likely be done because of this development will compound the issue. Sundberg noted she disagreed with Mayor Zerby about some of his comments. She stated the City and Council have a good opportunity with a good developer. The developer has listened to people and has already proactively addressed many concerns raised throughout the project process. The project provides an opportunity to address environmental contamination on the site. She views the project and process from a positive point of view and noted there is a great deal of work to be done. Councilmember Woodruff asked Director Nielsen when he thought the Planning Commission would first see a preliminary plat. Nielsen stated he anticipates the developer might submit that in November for December meetings. Attorney Keane asked Director Nielsen if he was going to prepare resolutions for Council’s consideration. Nielsen responded yes. Keane stated he and staff will prepare a short-form agreement regarding the demolition of the club house and remediation of the tee boxes. The developer anticipates doing that work this winter. That agreement would be brought to Council for its consideration as well. Mayor Zerby stated he hoped some of the issues with the trees could be taken care of at the same time. Mayor Zerby recessed the meeting at 8:57 P.M. Mayor Zerby reconvened the meeting at 9:02 P.M. 7. PARKS A. Report on the September 22, 2015, Park Commission Meeting Chair Mangold reported on matters considered and actions taken at the September 22, 2015, Park Commission meeting (as detailed in the minutes of that meeting). He noted that he thought the joint meeting of Council and the Park Commission on September 22 was productive. Mayor Zerby concurred. 8. PLANNING A. Front Yard Setback Variance Applicant: Wayne Hartmann and Michelle Letendre Location: 27460 Maple Ridge Lane Director Nielsen explained Wayne Hartmann and Michelle Letendre own the property at 27460 Maple Ridge Lane. The property is located in the R-1A/S, Single-Family Residential/Shoreland District and contains 42,359 square feet of area. The structure has a footprint area of 3,275 square feet, including the attached garage. The applicants propose to build a small addition on the southwesterly corner of their home. The 197 square-foot addition would fill in the southwesterly corner of the house. When the applicants applied for a building permit they discovered their home is nonconforming with respect to the front yard setback requirement for the R-1A/S District. The existing house is located as close as 32 feet from the right-of-way (ROW) of Maple Ridge Lane. Therefore, they are requesting a setback variance for the addition. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 18 of 22 The home was built in 1974. The building permit indicated a 50-foot setback and that no variances would be necessary. The survey submitted with the application contained a note regarding the 50-foot setback. Once built, the home ended up at approximately 32 feet from the public ROW. The same type of error appears to have been made on several homes in the immediate vicinity. Out of 10 houses on that west side of Lake Virginia Drive, eight of them do not comply with the 50-foot front setback requirement. There is no record of any variances having been granted for those properties. Staff speculated that whoever performed the inspections on these homes may have been measuring from the traveled surface of the roadway instead of the public ROW. All of the homes appear to be 50 feet or more from the pavement. With regard to the analysis of the case, he reviewed how the applicant’s request for a variance complies with the criteria for variances set forth in Section 1201.05 Subd. 2 of the Zoning Code. 1. The variance would not alter the essential character of the area in which it is located. Given the number of homes similarly situated nearby, the proposed addition would be in keeping with the homes in the neighborhood. 2. The need for the variance is not economic in nature. The applicants are not requesting the variance because it is cheaper to build as they propose. They are trying to improve the functional layout of the home. 3. Neither the applicants nor their predecessors created their practical difficulty. In fact, it could be argued that the City did. 4. The addition would be of minimal size; it would fill in the corner of the home. Due to the way the house angles away from the cul-de-sac, the addition would actually be four feet farther from the front property line than the existing house. Once completed, the property would only have 18.3 percent hardcover; a maximum of 25 percent is allowed in the R-1A/S District. Nielsen noted the Planning Commission held a public hearing on this request during its September 1, 2015, meeting. He also noted that staff and the Planning Commission recommend the applicants’ request be granted as proposed. The Commission suggested a note about the setback and the applicants’ request be put in the folders of the other properties in that neighborhood with a similar setback issue. He then noted that Mr. Hartmann was present. Mr. Hartmann stated the addition would angle away front and noted the house would not extend any further into the ROW. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 15-068, “A Resolution Granting a Setback Variance to Wayne Hartmann and Michelle Letendre for their property located at 27460 Maple Ridge Lane.” Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Accept Quotes and Consider Award of Contract for the Trunk Highway 7 / Christmas Lake Road Signal Painting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 19 of 22 Engineer Hornby explained the City solicited quotes from three specialty contractors to repaint the signal located at the intersection of Highway 7 and Christmas Lake Road. The City asked for quotes on two options. One was for two-color (yellow and silver) painting and the other was for one-color painting (dark bronze). The City received one quote. It was from Pole Painting Plus, Inc., for an amount of $12,900 for two-color painting and $11,900 for one-color painting. He noted this is a cooperative project with the City of Greenwood and the Greenwood Mayor prefers the one-color dark bronze option. He stated staff recommends Council adopt the resolution accepting quotes and awarding contract and he suggested Council make that contingent on the Greenwood Council doing the same. He noted both Cities budgeted $8,000 for the project. Councilmember Siakel asked if there would be better visibility if it were painted yellow and silver. Engineer Hornby responded he does not think so and noted the new Minnesota Department of Transportation standard is a galvanized poll. Siakel noted she can support either option. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 15-069, “A Resolution Accepting Quotes and Awarding Contract for the Trunk Highway 7 / Christmas Lake Road Signal Re- Painting, City Project 15-07, to Pole Painting Plus, Inc. for the Dark Bronze Option for an Amount Not to Exceed $11,900” subject to the Greenwood City Council approving Greenwood pay one half of the cost. Motion passed 5/0. B. Declare Costs to be Assessed, Order Preparation of Assessments and Calling for Hearing on Proposed Assessments for Star Lane and Star Circle Watermain Improvements Engineer Hornby explained that although Star Lane and Star Circle are still under construction the watermain extension portion of the project is complete. The actual construction costs are known for that that portion of the project. Staff has provided an estimate of the project expenses (the indirect costs) and the expenses have been applied proportionately to the watermain costs. The contract amount for the awarded project is $665,018.13. The estimated indirect costs are $130,000. That brings the total estimated cost for the project to $795,018.13. The assessable amount for the watermain extension is estimated to be $122,906.30; the amount includes the actual construction costs for the watermain extension plus a prorated portion of the indirect costs. Hornby noted the meeting packet contains a copy of resolution for Council’s consideration. The resolution declares costs to be assessed, orders the preparation of proposed assessments and calls for a hearing on the proposed assessment for the Star Lane and Star Circle improvements. Staff recommends Council adopt the resolution. The public hearing would be scheduled for October 26, 2015, at 7:00 P.M. Councilmember Siakel stated she thought the cost for watermain extension is reasonable. Engineer Hornby noted the per parcel assessment would be slightly less than $9,500. He stated the Feasibility Report estimated the per parcel assessment to be about $13,400. Woodruff moved, Siakel moved, Adopting RESOLUTION NO. 15-070, “A Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment, and Calling for Hearing on the Proposed Assessment for the Star Lane and Star Circle Improvement Project, City Project 14-11.” Motion passed 5/0. C. Accept Professional Services Agreement from American Engineering Testing, Inc., for Materials Testing Smithtown Road Sidewalk East Extension, City Project 14-10 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 20 of 22 Engineer Hornby explained that for almost every construction project the City has done there is verification that the construction materials used are in general conformance with the plans and specifications. The City’s has used American Engineering Testing, Inc. (AET) to provide those project testing services for a number of years. AET has always provided very good services. The meeting packet contains a copy of a proposal from AET to provide those services for the Smithtown Road Sidewalk East Extension Project for an estimated amount of $16,221. He clarified it is an hourly based project. He noted that staff recommends Council accept the proposal from AET as presented. Siakel moved, Sundberg seconded, accepting the proposal for professional services for construction and materials testing from American Engineering Testing, Inc., for the Smithtown Road Sidewalk East Extension, City Project 14-10, for an estimated amount of $16,221. Motion passed 5/0. 10. GENERAL/NEW BUSINESS 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 the contractor intends to grub trees this fall and then start on the Smithtown Road Sidewalk East Extension Project in full force in May 2016. Mayor Zerby asked what the rationale is for the late start. Hornby stated the contractor does not what to have to maintain the site during the winter plowing season because it would be a hazard. Zerby stated that would have been an issue even if the work was started in August. Hornby stated that by starting construction the first week of May 2016 the contractor has until the end of June to have the project substantially complete. Mayor Zerby asked Engineer Hornby to provide an update on the Excelsior Boulevard trail segment. Hornby explained the contractor is preparing the site for the slope stabilization effort. Metropolitan Council Environment Services (MCES) has indicated that after the slope stabilization is constructed work will begin on the trail. Approvals have been obtained from the Minnetonka Department of Transportation (MnDOT) and the designer for the slope stabilization. Zerby asked if the bituminous would be put down this year. Hornby stated that would be done in 2015 in part because MCES helped ensure that because MCES’ contract for its forcemain project ends at the end of the year. Zerby stated that although the Galpin Lake Road sidewalk segment is on hold he thought the plan was to continue to pursue the permit from the Minnehaha Creek Watershed District (MCWD). Engineer Hornby clarified that in order to get other projects ready he pushed that effort out in the schedule. Hornby stated he intends to work on that more over the winter and his plan is to obtain approvals from MnDOT and the MCWD in order to have the project shelf ready. 2. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the August 2015 Monthly Budget Report. Director DeJong noted that building permits revenue has exceed budget so far. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 21 of 22 3. City Administrator Search Update Administrator Joynes stated the City received 34 applications for the City Administrator position. The deadline for submitting applications was September 25. He explained there is a Personnel Committee meeting on October 5 and vetting of the applicants will begin at that time. The selection will proceed as outlined a few months ago. Joynes then stated the City received four submittals for providing urban forester / arborist services. He asked Council to provide staff with guidance on how it wants to proceed with that during its next meeting. 4. West Water Tower Painting Update Director Brown stated rehabilitation of the West Water Tower is complete and the Tower is back in service. The contractor and engineering firm have worked with the cellular service providers so they could reinstall their antennas. He noted there is still some restoration work remaining to be done. He also noted the project came in about two weeks ahead of schedule and there were no paint issues. Councilmember Siakel stated the contractor did a good job on the rehabilitation. The repainted Tower looks very nice. Councilmember Sundberg concurred. Other Engineer Hornby stated Star Lane and Star Circle have been paved. This week the contractor will work on grading and work behind the curbs. After that restoration of the boulevards will be done. Director DeJong stated he attended a Minnesota Government Finance Officers Association meeting the previous week. During that meeting he was nominated to the position of treasurer and if normal protocol is followed he will serve as president of the Association starting in 2019. Director Nielsen stated the 2015 Deer Management Program started the previous weekend. Only three deer were harvested. Mayor Zerby noted that residents have expressed concerns to him about the condition of the former Minnetonka Country Club (MCC) property. Some thought it violates the City’s public nuisance ordinance. Director Nielsen stated he would speak with Rick Packer with Mattamy homes. Mr. Packer had indicated early on in the project that Mattamy would keep the property somewhat kempt. Nielsen noted the City does not have an ordinance regulating the length of grass but it does have a noxious weed ordinance. Zerby asked if anything can be done about fallen trees on the property. B. Mayor and City Council Councilmember Woodruff stated he attended the September 23, 2015, Excelsior Fire District (EFD) Board meeting in place of Boardmember Siakel. He highlighted the items discusses. The EFD/Excelsior Fire Department will have been in existence for 125 years in 2016. The actuarial for the Excelsior Firefighters Relief Association (EFRA) fund for pensions was completed. The EFD received a Life Safety Achievement Award for 2014. It was one of 10 fire departments in Minnesota to receive the Award. The EFD hired two new firefighters and has one offer outstanding. Two firefighters have come off of their first year of probation and they will be recognized during a Probationary Recognition Event on October 8. Firefighter Gary Ringate retired from being an active firefighter. The Board recorded the adoption of the EFD’s 2016 Operating Budget, 2016 Capital Improvement Program and 2016 Building Projects CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 28, 2015 Page 22 of 22 Improvement Program. The Board authorized Chief Gerber to move forward with the acquisition of a new Chief's vehicle. Mayor Zerby noted that representatives from Shorewood and the City of Excelsior met. Excelsior representatives provided Shorewood representatives with some information. Shorewood asked for additional information. At some point the Shorewood representatives will get together with Council during an executive session. N 110 E. ICI MJ 4eI Sundberg moved, Siakel seconded, Adjourning the City Council Regular Meeting of September 28, 2015, at 9:28 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: sat Zerb , ayor JeA Panchyshyn, City Clerk