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10-12-15 CC Reg Mtg Min41 7 I i� 00 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Acting Mayor Siakel called the meeting to order at 7:00 P.M. She noted that during her almost three years as Acting Mayor this is the first time Mayor Zerby has not attended a Council meeting. A. Roll Call Present. Acting Mayor Siakel; Councilmembers 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: Mayor Zerby and Councilmember Labadie B. Review Agenda Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, September 28,2015 Woodruff moved, Sundberg seconded, Approving the City Council Work Session Minutes of September 28, 2015, as presented. Motion passed 3/0. B. City Council Regular Meeting Minutes, September 28, 2015 Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of September 28, 2015, as presented. Motion passed 3/0. Acting Mayor Siakel reviewed the items on the Consent Agenda. Woodruff moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Retirement Recognition for Pat Fasching C. Authorize Submittal of the Three Rivers Park District Regional Trail System Winter Use Permit D. Accept Donations for the Arctic Fever Event CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 2 of 7 E. Adopting RESOLUTION NO. 15 -071 "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore #12, Lucky's Station LLC 47, Shorewood Cigars and Tobacco, Inc., and Wine & Spirits by JD dba MGM Liquors." Councilmember Woodruff asked if the section of the Lake Minnetonka LRT Regional Trail that is in the City of Tonka Bay needs to be part of this Three Rivers Park District Regional Trail System Winter Use Permit for the next three years so Shorewood can plow it. Director Brown noted that Tonka Bay staff does not want Shorewood to plow that section which is about 400 feet long. Councilmember Sundberg stated that leaves a section of the trail between Shorewood and the City of Excelsior unplowed. She asked if Tonka Bay signs a similar permit. Brown stated it does not. Sundberg stated a lot of people use that Trail (including that section in Tonka Bay) year round, noting a lot of them are runners. Not plowing that short section may make Tonka Bay prone to liability issues. She asked if Shorewood has any recourse. Brown stated he will pass along Council's concern about not plowing that short segment of the trail to Tonka Bay staff. Woodruff stated he also has a concern about that section not being plowed. He encouraged Sundberg to attend a Tonka Bay Council meeting and express her concerns to that Council. Sundberg noted she would do that. Motion passed 3/0. George Greenfield, 24715 Yellowstone Trail, asked where on the agenda a person from the audience could comment on Council's September 28 meeting regarding the former Minnetonka Country Club (MCC) redevelopment project. Acting Mayor Siakel stated Council closed the public hearing on the MCC Concept Stage of that project during its September 28 meeting. Therefore, there would not be another opportunity to take public comment on the Concept Stage plans. If Council adopts the resolution amending the Comprehensive Plan and a resolution approving the planned unit development (PUD) concept plan for that redevelopment then there would be another public hearing for the Development Stage plans and public comment would be taken then. Mr. Greenfield asked when that public hearing would be. Attorney Keane stated that depends on when the applicant submits Development Stage plans. The Planning Commission would discuss those plans first and then Council would discuss them. Siakel stated the public would be able to bring additional concerns forward during the Development Stage public hearing. Mr. Greenwood asked if that would be during a Council meeting. Director Nielsen clarified that the Planning Commission would hold the public hearing. Mr. Greenfield expressed concern that the full Council would not hear the public's comments because the full Council would not be at the public hearing held by the Planning Commission. Councilmember Sundberg noted that she plans to be at that hearing. Siakel. stated she anticipates that if some members of Council do not attend that hearing they would watch the meeting on line. Council would also receive a copy of the minutes for that Planning Commission meeting and the public's comments would be documented in those minutes. 7. PARKS 8. PLANNING CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 3 of 7 Planning Commissioner Maddy reported on matters considered and actions taken at the October 6, 2015, Planning Commission meeting (as detailed in the minutes of that meeting). A. Minnetonka Country Club Development Applicant: Mattamy Homes Location: 24575 Smithtown Road (Former Minnetonka Country Club Property) Director Nielsen explained that during its September 28, 2015, meeting Council directed staff to prepare a resolution adopting an amendment to the Comprehensive Plan Land Use Map that would change the land use of the former Minnetonka Country Club property, located at 24575 Smithtown Road, from "Semi - Public" to Low Density Residential (1 — 2 units per acre) ". Council also directed staff to prepare a resolution approving a planned unit development (PUD) concept plan for Mattamy Minneapolis for the redevelopment of that property. The resolution stipulates the applicant shall enter into a pre - development agreement (an exhibit is attached to the resolution) prior to submitting an application for Development Stage plan approval. The City chose to do a pre - development agreement for this project because of the complexity of the project. The City will require larger escrows on the application process than it would normally require. He noted the applicant would like to move forward with soil remediation on the site and needs Council approval to do that. Councilmember Sundberg stated based on what she has read it seems like the soil remediation would be focused on the greens and tee boxes. Director Nielsen clarified the greatest focus would be on the greens. Sundberg expressed concern that the focus of the remediation may be too narrowly defined. Nielsen explained the developer has done a series of soil tests across the site. The soil remediation plan would be subject to review and comment by the Minnesota Department of Agriculture and the Minnesota Pollution Control Agency (MPCA). The two agencies have to approve the plan. Once the plan is approved and executed the developer would receive letters of no further action which would indicate the site has been cleaned up. He then explained a question was raised about possible pollution in the small wetlands. He has been told the heavy metals, particularly mercury, settles to the bottom of the wetland and does not drain off. The City would require the wetlands be spot checked to make sure that has not occurred. That would also be subject to the approval of the two agencies. Sundberg asked if the language in the concept plan should be broader. Nielsen noted the letters of no further action would need to be provided with the Development Stage plans. 1. Comprehensive Plan Amendment Sundberg moved, Woodruff Seconded, Adopting RESOLUTION NO. 15 -0721 "A Resolution Adopting an Amendment to the Shorewood Comprehensive Plan 2009 Pertaining to the Redevelopment of the Minnetonka Country Club Property, 24575 Smithtown Road." Motion passed 3/0. 2. Concept Stage Approval of a Planned Unit Development Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 15 -073, "A Resolution Approving a Planned Unit Development Concept Plan for Mattamy (MPLS) Partnership (Minnetonka Country Club Redevelopment)." Councilmember Sundberg stated she wants to assure residents that all of the members of Council have intently listened to the concerns they have raised. The next phase of the PUD process is the Development Stage and that is when the project details are worked out. She noted the devil is in the details. She also CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 4 of 7 noted that Council is not "rubber stamping" this project. Council has only approved the concept plans. Councilmember Woodruff concurred and reiterated the details would. be worked out in the next phase. Councilmember Woodruff stated that after the Planning Commission holds its public hearing on the Development Stage plans he thought Council would allow an opportunity for residents to come before Council. Councilmember Sundberg concurred. Motion passed 310. 3. Authorize Soil Remediation Woodruff moved, Sundberg seconded, authorizing Mattamy Minneapolis to move forward with soil remediation work on its property located at 24575 Smithtown Road (the former Minnetonka Country Club property). Councilmember Sundberg asked if this is the appropriate place to address what to do about fallen trees and mowing the grass on the project site. Director Nielsen stated the developer has indicated it was in the process of hiring a contractor to deal with the fallen trees. Nielsen explained that keeping the lots somewhat groomed would be addressed in development plans. Motion passed 3I0. B. Contracting for Planning Assistance Administrator Joynes stated Council has previously discussed the staff expertise that would be needed to deal with the public space that would be deeded to the City after the redevelopment of the former Minnetonka Country Club (MCC) property is complete. That public space would be about 40 acres in size. The City's goal would be to keep that area as natural as possible and as low maintenance as possible. Staff is asking Council to hire a contractor with that type of expertise in restoration and planting of natural areas. The meeting packet contains a copy of a memorandum from Director Nielsen regarding the hiring of a contract resource to do that. Staff expects that to be a very limited and short-term contract. Hiring a contractor with that expertise would help ensure the correct types of materials were planted. He noted that the cost for those services would be passed on to the developer; that is stipulated in the pre - development agreement. Councilmember Sundberg stated she wants assurance that the planning needs could be met with the current staffing. There planning demands from the redevelopment project alone would be significant. There would also be demands from other projects. Director Nielsen noted the individual being recommended to provide environmental contract services does planning work as well. He stated if the Planning Department would end up needing planning assistance the individual could provide that but he does not think that would happen. Staff does need assistance with the environmental components of the project. Those efforts would be time consuming and staff does not have the expertise. Administrator Joynes stated if staff determines there is a need for additional planning support staff will ask Council to authorize hiring that support. Councilmember Sundberg cautioned Administrator Joynes against taking on this work, load with lean staffing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 5 of 7 Acting Mayor Siakel stated she has spoken with both Administrator Joynes and Director Nielsen about this overlapping with succession planning because there had been discussion about bringing an additional person on in the Planning Department as a successor to Nielsen. She then stated she supports moving forward with contracting out for these services because the contract services would focus on the MCC redevelopment project. She thought having a person with strong environmental expertise would be helpful for that project. She noted she had made it clear to Joynes and Nielsen that there needs to be followthrough on succession planning for the Planning Department. Councilmember Woodruff stated he takes staff at their word that the individual they are recommending is well known to the City and that she is eminently qualified to do what staff would ask of her. He noted that the City does not have a person in house with the environmental expertise that would be needed for the redevelopment project. Councilmember Sundberg noted she supports moving forward with this. She stated if staff determines there is a need for additional help to do planning activities she encouraged staff to ask Council to authorize that. Sundberg moved, Siakel seconded, authorizing staff to contract with Northwest Associated Consultants for the services of Michelle Barnes to provide services related to the environment and the planting of natural areas for the former Minnetonka Country Club redevelopment project. Motion passed 3/0. A. Urban l;orester /ISA Certified Arborist Administrator Joynes explained that over the last two years Council has discussed the issue of forestry services for the general community as well as support for staff to complete the tree inventory for City - owned properties and plan for how to deal with diseased trees. Per Council's request staff solicited responses to a request for proposal (RFP) to provide those services. The City received four responses and copies of them had been provided to Council. He clarified that this evening he is seeking guidance on how to proceed with vetting the responders. He stated he thought the discussion was to some extent part and parcel with succession planning. There has been discussion about offloading these responsibilities from the Planning Department because they are different from most planning activities. He thought it prudent going forward to have someone on contract or retainer to provide the services on an as needed basis. Council needs to decide what type of services the City needs and the level of that need. He clarified there is no rush on doing this and that it may be better to wait until a full Council is present. Councilmember Sundberg suggested waiting on this item until Mayor Zerby was present because he is quite interested in this. She noted she is also quite interested in this. Acting Mayor Siakel stated she thought it would be better to have a full Council approve it. She does think it would be okay to move forward with interviewing a few of the responders. She asked if a Councilmember would like to be involved in the interview process. She stated Council could nominate Mayor Zerby to be involved but that would slow the process down. Administrator Joynes stated staff could prepare a matrix comparing the responders' expertise and costs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 6 of 7 Councilmember Sundberg stated this does seem to fit in with succession planning. Therefore, another option would be for the Personnel Committee Members (which include Acting Mayor Siakel and Councilmember Woodruff) to work with staff on the interviews. Councilmember Woodruff stated he thought the City received four qualified responses. Two of them appear to be more of a company /team proposal and two are from individuals. His preference would be to contract with an individual. If Council selects a company he would like an individual identified that would provide the services for continuity reasons, particularly if that individual would interact with the public. He then stated range of the costs for the services is quite wide. He suggested staff vet the people and rank them. He stated he could not add a lot to that discussion. He noted that he personally knows a little about one of the firms. Councilmember Sundberg stated that one of the concerns with contracting with an individual to person provide the services is their skills would be more limited than if the City contracted with a Finn. A firm would have access to a variety of skills and resources. Acting Mayor Siakel stated. she would support Councilmember Sundberg working with staff on this if she wants to. Sundberg stated she would like to do that. B. City Administrator Position Acting Mayor Siakel stated that because of the very important things that are happening within the City (e.g.; the redevelopment of the former Minnetonka Country Club property and various other projects) a decision had been made to ask Administrator Joynes if he would stay on as City Administrator for a while longer for consistency and continuity reasons. Joynes has indicated he would be willing to do that. A contract has to be prepared for Council to approve. Joynes will be asked to stay on through September 2016. Councilmember Woodruff stated he continues to believe there are a lot of advantages to having a full - time city administrator. He would not oppose keeping Administrator Joynes on board at least through the first two - thirds of 2016. He thought Joynes has done a good job for the City and that having continuity for the City would be important. He noted that he does not want Council to give up on hiring a full -time administrator no later than the end of 2016. Councilmember Sundberg stated she would support this. She stated she thought Administrator Joynes has done an outstanding job helping the City navigate the MCC redevelopment project to date. She does not think the City could replicate the depth of Joynes' experience; experience that is needed during this critical time period. She thought bringing on a new administrator at this time would be irresponsible at this time. She noted that she continues to believe the City needs a full -time city administrator and she does not intend to back away from that position. Councilmember Woodruff stated Council voted to start a search for a new city administrator. He asked if Council needs to vote to put that search on hold. Woodruff moved, Sundberg seconded, putting the search for a new city administrator on hold until at least the second quarter of 2016. Motion passed 3/0. A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 12, 2015 Page 7 of 7 1. Trail Schedule Acting Mayor Siakel noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby noted the Smithtown Road Sidewalk East Extension Project schedule is up to date. He also noted the contractor will begin removing trees this fall and that major construction will begin in May 2016 with the project being substantially completed by the end of June 2016. He stated the slope stabilization is in for the Excelsior Boulevard trail segment and the base for that trail segment has been put down. It is his understanding that the trail segment and Excelsior Boulevard would be paved this week pending weather conditions. Director DeJong stated the sale for the refunding of the bonds for the public safety facilities will be on Council's November 23 agenda. The call for sale will be on the agenda. for Council's October 26 meeting. Director Nielsen noted the past weekend was the second weekend for the Deer Management Program. Four deer were harvested. B. Mayor and City Council Councilmember Sundberg asked when the Traffic Committee's first meeting will be. Engineer Hornby responded October 22 at 5:30 P.M. at City Hall. Sundberg noted that she plans on attending that meeting. Acting Mayor Siakel noted she attended the recent Lake Minnetonka Communications Committee (LMCC) on behalf of Mayor Zerby. She stated the Commission approved distributing some of the LMCC's reserve funds to the LMCC member cities with the caveat that the cities use the funds to update and purchase audio visual /technology equipment. She then stated she attended a joint meeting of the Excelsior Fire District (EFD) Board and the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee regarding the Shorewood Economic Development Authority's proposal to refund the bonds for the public safety facility. The refunding would ultimately save the EFD and SLMPD member cities a total of about $438,000. She thanked Administrator Joynes and Director DeJong for working with the City's bond consultant and financial advisor on this. [V ANEW.') IIIIN NO Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of October 12, 2015, at 7:38 P.M. Motion passed 3/0. Freeman, Christine : ; t� °Scq , Zerby, ayor dean Panchyshyn, City Clerk