03-24-14 CC Reg Mtg MinutesCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, MARCH 24, 2014 7:00 P.M.
MINUTES
CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:03 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sandberg, and Woodruff, Attorney
Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong;
Director of Public Works Brown; and City Engineer Hornby
Absent: None.
B. Review Agenda
Mayor Zerby noted that staff has asked that Item 9.13 Consideration of Night Work by Telecom Transport
Management be added to the agenda.
Sandberg moved, Woodruff seconded, approving the agenda as amended. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, March 10, 2014
Sandberg moved, Siakel seconded, Approving the City Council Special Meeting Minutes of March
10, 2014, as presented. Motion passed 4/0/1 with Woodruff abstaining due to his absence at the
meeting.
B. City Council Work Session Minutes, March 10, 2014
Sandberg moved, Siakel seconded, Approving the City Council Work Session Minutes of March 10,
2014, as presented. Motion passed 4/0/1 with Woodruff abstaining due to his absence at the
meeting.
C. City Council Regular Meeting Minutes, March 10, 2014
Sundberg moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of March
10, 2014, as presented. Motion passed 4/0/1 with Woodruff abstaining due to his absence at the
meeting.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
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March 24, 2014
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Woodruff moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolution Therein.
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 14 -019, "A Resolution Accepting Improvements for
2013 Pavement Marking Project and Authorizing Final Payment, City Project No.
13 -09."
C. Adopting RESOLUTION NO. 14 -020, "A Resolution Accepting Proposal for
Professional Services for Record Preparation County Road 19 Sidewalk Extension
Project, City Project NO. 12 -01:'
D. Accepting Resignation of Park Commissioner Bob Edmondson
E. Accept Proposal for Professional Services for Water Tower Inspection
Councilmember Hotvet stated that for Item 3.E the proposal from KLM, she asked if the City has every
used KLM in the past. Director Brown stated many times. Hotvet then asked where the funding for the
water tower inspection will come from. Brown stated out of the Water Fund Capital Improvement
Program.
Motion passed 510.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
None.
rov,M,
A. Report on the March 11, 2014, Park Commission Meeting
Park Commission Chair Mangold reported on matters considered and actions taken at the March 11,
2014, Park Commission meeting (as detailed in the minutes of that meeting).
Councilmember Woodruff asked what the Park Commission is going to do about the City charging a $10
fee per person per season for organized hockey. Is it going to come back to Council during its next
meeting? Chair Mangold clarified the fee was not formally discussed. Mangold noted that the
representatives present at the meeting from the Youth Hockey Association did not think the fee was
problematic. He stated the representatives had pointed out that very few of about 15 rinks do not charge a
fee and they seemed to think that the rinks that are free seem to get used a lot. He questioned if the City
wants to have more organized teams using the City's rink. He is not sure if the City rink is being used
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March 24, 2014
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very much generally. He encouraged the Commission to make a recommendation to Council before it
starts to discuss budgets.
Chair ,Mangold noted that the City charges that same $10 fee for all sports. Yet, for all of the other sports
the parks seem to be utilized adequately by organized sports organizations.
Director Brown stated he and Park and Recreation Coordinator Grout have discussed this and decided
they need to research what the other cities are doing. Other cities may not be charging a user fee. But its
likely they may be charging a fee in other ways.
Councilmember Woodruff stated if that $10 fee is keeping Shorewood kids from playing hockey in
Shorewood then something should be done about the fee.
Chair Mangold stated the Park Commission was surprised that so many other cities do not charge a per -
person, per - season fee for youth hockey participants.
Councilmember Siakel asked if the Youth Hockey representatives gave the Park Commission any
indication if, for example, the rink in the City of Tonka Bay is used to capacity by organized hockey
organizations. Chair Mangold stated the question was not specifically asked. But, from the general
conversation it appeared that girls youth hockey was growing in Minnetonka area.
Chair Mangold stated the representatives indicated that people are used to traveling so they can skate on
indoor ice. He then stated he thought that for the Youth Hockey Organization all of their practices are
outdoors and the games would be moved indoors. He commented there has been some discussion about
possibly having some of the older school children play some of their hockey games outdoors.
Mayor Zerby congratulated Chair Mangold on his new role and thanked him for his report this evening
8. PLANNING
9. ENGINEERING /PUBLIC WORKS
A. Receive Feasibility Report and Setting a Public Hearing Date on Sunnyvale Lane
Improvements Project
Engineer Homby noted the meeting packet contains a copy of a feasibility report for the Sunnyvale Lane
improvements project. He explained it is for a one block section of roadway approximately 600 feet long.
It goes between Eureka Road and Meadowview Road. There are eight parcels abutting the roadway; four
on each side.
He explained that staff has held the initial public information meeting. The two biggest issues discussed
were drainage and the possible watermain extension. Staff learned quite a bit about drainage problems
from the residents. This project would mitigate or eliminate some of the current problems. The two
parcels abutting Eureka Road are connected to City water. The owner of one of those parcels was in
attendance. Six parcels would benefit from watermain extension. Owners of four of those parcels were
also in attendance. Out of those four, three of them were not interested in municipal water. One couple
was interested in case their well failed. He noted he encouraged all of the property owners to attend the
public hearing for the improvements for this project that is scheduled for May 12, 2014, or at least submit
written comments to the City Clerk before the hearing.
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March 24, 2014
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He then explained the street improvements are estimated to cost $585,119. Of that $357,639 will be
funded out of the Street Improvement Fund, $102,328 out of the Stormwater Management Fund and
$21,862 out of the Sanitary Sewer Fund. The watermain extension is estimated to cost $103,290. The
extension would be assessed to the six properties for an estimated assessment amount of $17,215 per
parcel. After the assessment was determined he found out that the assessment is consistent with the
updated water report.
He went on to explain that because watermain was not extended when improvements were made to
Meadowview Road there is no watermain to connect to at the end of the project. It would be a dead -end
main.
He stated in the feasibility report the option is whether or not to include the assessable watermain
extension as part of the project. He noted the meeting packet contains a resolution for Council receiving
the feasibility reports and calling for the public hearing on May 12, 2014, on the improvements to
Sunnyvale Lane. Staff recommends Council adopt the resolution.
Mayor Zerby thanked Engineer Homby for his report. He stated this project has been on the schedule for
quite some time. He noted that he is aware that there are a number of drainage issues in that area. He
stated the watermain extension would cost a lot. Engineer Horaby explained iron prices keep going up
and other pipe costs also go up.
Councilmember Woodruff asked if the estimated costs are close to what is budgeted for in the three
capital funds. He then asked if it is necessary to reconstruct the roadway to 26 feet wide. He stated that
Valleywood Lane is not that wide and that he is unsure how wide Meadowview Road is. He also asked if
reconstruction is necessary to address the stormwater management issues. Could they been addressed
without the reconstruction?
Engineer Homby explained that the majority of the owners of the property on the south side of Sunnyvale
Lane have conveyed that the stormwater flows off their properties across the roadway and on to the
properties on the north side. Adding curb and gutter would help redirect the stormwater to the storm
sewer system and route it down to the north side of Valleywood Lane. That was planned for when
Meadowview Road was reconstructed. He noted that not all of the drainage issues will be fully addressed
by this project. He explained there are some areas that are very low. Caution needs to be taken so that the
improvements do not end up causing pooling of a lot of stormwater on property backyards after a heavy
rain event. He then explained the total amount budgeted for this project in the Capital Improvement
Program is $590,000.
Councilmember Woodruff suggested surveying the owners of the six properties again about watermain
extension now that there is a better estimate for what they would be assessed.
Councilmember Hotvet asked when that development was built. Engineer Homby responded sewer was
installed in 1970/1971 and the roadway was put in on top of that.
Councilmember Sundberg asked if the assessment has to be paid for all at once. Engineer Homby
explained the City can establish the payback period for six, eight or ten years. Councilmember Woodruff
stated some property owners have financed assessments through other financial institutions.
Councilmember Siakel stated she agrees with surveying the property owners again.
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March 24, 2014
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Engineer Hornby noted that he has encouraged the property owners to submit their desires in writing to
the City if they are unable to attend the public hearing.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 14 -021. "A Resolution Receiving
Feasibility Report and Calling for Public Bearing on Proposed Improvements Sunnyvale Lane
Improvements, City Project 14 -01." Motion passed 5/0.
B. Consideration of Night Work by Telecom Transport Management
Director Brown explained that late last week staff was involved in discussions with Telecom Transport
Management (TTM) regarding its request for authorization to perform maintenance to cellular antennas
on the West water tower located on the Minnewashta Elementary School property during evening hours.
TTM provides the backbone and network for various cellular providers; in this case AT &T and Sprint.
The City has routinely enforced its work hours which are 7:00 A.M. to 7:00 P.M. Monday through
Friday, 8:00 A.M. to 6:00 P.M. Saturday, and work on Sunday is only allowed with Council approval.
Initially TTM proposed to do the work between 9:00 P.M. and 5:00 A.M. on April 1 or April 4. Staff and
Lonnie Beck, a TTM representative who manages TTM's grounds and facilities who is present this
evening, have been discussing doing some of the maintenance work during the day being the students are
on spring break on those days. Staff has contacted school representatives and the representatives indicated
their preference for the work being done while the students are on spring break. They would defer to
Council as to what the work hours could be. He noted there is a project underway at the School and the
representatives agreed to work within the specified hours.
Lonnie Beck. with TTM, explained TTM carries cellular phone calls from the towers to the company
switches. TTM needs to replace its existing antenna on the tower with one that has about double the
capacity for cell phone services. Originally there had been some misunderstanding about when TTM
planned to do its maintenance. But, after speaking with Director Brown, TTM has decided it can do all of
the tower work during the day. The new antenna would be put up during the day. In order to cause the
least amount of disruption with cellular service it would come back after midnight and do the ground
work to cutover to the new antenna. During the day it would remove the old antenna. He noted TTM's
customers are the cellular carriers and the carriers customers are cell phone users.
Mr. Beck stated that in the case of a lightning strike or storm and the failure of the antenna on that tower
the cellular services for that area and the extended area around it would be down until TTM can make the
needed repairs to the antenna. In those emergency situations he asked if TTM would be allowed to bring a
crane in and go up and make the repairs any time. And, he asked who TTM would have to contact before
doing that. Director Brown explained that emergency work is outside of normal work hours. To do that
his office has to be contacted and City staff will inform the School District about the activities occurring
on its grounds.
Councilmember Siakel asked what the down time would be. Mr. Beck stated it would be about 30
minutes. TTM personnel would be on site no more than two hours during the night.
Botvet moved, Woodruff seconded, granting Telecom Transport Management authorization to
perform night work as recommended by staff. Motion passed 510.
Councilmember Woodruff stated that earlier in the day he spoke with Director Brown and suggested staff
review all of the City's agreements that lease space on the towers to ensure the time of work concerns are
clear. Mayor Zerby suggested Attorney Keane be involved with that. Woodruff suggested Brown conduct
the initial review.
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March 24, 2014
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In response to a question from Councihnenber Siakel, Administrator Joynes explained the City's
agreement with TIM gives TIM access short of an act of God or an emergency. The City tries to
eliminate night work because of noise.
Councilmember Woodruff noted he did not consider the review of the agreements to be urgent for staff.
10. GENERAL/NEW BUSINESS
A. Making an Appointment to the Park Commission
Mayor Zerby noted that just prior to this meeting Council had a special meeting to interview applicant
Jeffery Ische for an open position on the Park Commission. He stated he was very impressed with Mr.
Ische.
Zerby moved, Siakel seconded, Adopting RESOLUTION 14 -022, "A Resolution Making the
Appointment of Jeffrey Ische to the Park Commission Effective March 24, 2014, through February
15,2015."
Councilmember Sundberg stated that she also thought Mr. Ische would be an excellent addition to the
Park Commission.
Councilmember Woodruff thanked Mr. Ische for applying.
Motion passed 510.
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. Monthly Financial Report
Mayor Zerby noted the meeting packet contains a copy of the February 2014 General Fund Monthly
Budget Report.
2. Report on 2014 Arctic Fever Event
Director Brown explained the 2014 Arctic Fever event ended up with a surplus of $1,788 based on the
funds available and the Arctic Fever Princess Tea event ended with a deficit of $615 based on funds
available. He noted that Park and Recreation Coordinator Grout did the tallying.
Councilmember Woodruff noted that based on that he thought the event was from a financial perspective
a great success.
Other
Director Brown stated the City has a sanitary sewer issue on the islands in the City. One of the lift stations
near the Shady Island Bridge has a substantial leak in one of the pipes. The City is working with a
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March 24, 2014
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company to repair that and earlier in the day he learned that the bad spot can be grouted to hopefully stop
the inflow of water. He noted that is not a dire problem.
Mayor Zerby stated he received a phone call from a resident regarding the status of the pedestrian bridge
proposed for over County Road 19 at the LRT trail. There had been discussion about that project starting
this past September. He asked Director Brown to comment on this. Brown stated the City just received
draft plans for that project. Brown explained the approximate 400 - foot -long ramps proposed almost
brought the project to a halt. He noted he will provide Council with a full update during its next meeting.
Zerby asked if the project has been approved for construction in 2014. Brown responded he does not
know.
Engineer Homby provided an update on the Galpin Lake Road trail. He has been working with Attorney
Keane to order the title work for the unplatted properties along the corridor. That is to ensure the City has
the right -of -way (ROW). If the City does not have all of the ROW easement needed then staff will have to
determine how much more is needed. The majority of properties along the corridor are platted; there are
five or six that are not. Staff is trying to figure out how to align the trail to avoid acquiring easements
which would save money and time. Staff is assessing stormwater management in more detail. It may be
possible to reduce the amount of storm sewer needed that was included in the feasibility report. A fair
amount of the trail will be along Trunk Highway 7. Therefore, that portion of the project will go through
the Minnesota Department of Transportation's (MnDOT's) functional review. The City will have to have
a close ally in MnDOT to keep the project moving forward. There will be wetland delineations done as
soon as the ground thaws and there is enough growth to determine what the vegetation is.
Mayor Zerby stated it seems the project is more complicated than originally thought.
Engineer Hornby stated trail projects become complicated very quickly. He then stated staff new this
project would be complicated and it is trying to do some things different than were done for the
Smithtown Road west sidewalk project. He noted that he and Director Nielsen have met with some
property owners who had concerns about the proximity of the proposed trail to their properties.
Adjustments will be made if possible.
Mayor Zerby asked that Smithtown Road east trail project come before Council sooner versus later based
on lessons learned with other trail projects. Engineer Hornby stated if there will be about one year of
construction for that project he agrees with starting the first steps of the project relatively soon.
Director DeJong explained that the previous week there was the first download from the utility billing
component of the new financial system. Utility billing is in the process of conversion. Staff will be trained
in the utility billing system in in April. He then stated the 2013 financial audit will be conducted the week
of April 21.
Administrator Joynes stated he had received a note from Director Nielsen asking that a joint Council and
Park Commission meeting be scheduled for April 8 at 6:00 P.M. He then stated staff has been in contract
with representatives for the Christmas Lake Homeowners Association (CLHA). He explained the CLIIA
has expressed interested in changing the management process of the aquatic invasive species (AIS)
inspection program at the Christmas Lake boat launch area. The CLHA wants to have greater
responsibility for that. Staff is working through the legal aspects of how to make that happen. He noted he
thinks that is not a bad idea. He stated he has reached out to Eric Sill, a business education teacher
involved with the Minnetonka High School Vantage Program, and asked him if the Vantage Program is
interested in renting space in the Southshore Community Center (SSCC). Mr. Sill indicated they are still
trying to finalize the scope of the Program for the next school year.
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March 24, 2014
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Mayor Zerby noted the Vantage Program leaders report to the school board. He stated if any members of
Council have a relationship with any member of that School Board he suggested they reach out to them
about the City's interest in having the Program rent space.
B. Mayor and City Council
1. Southshore Community Center Report
Councilmember Sundberg stated she and Councilmembers Hotvet and Siakel have been invited to a
session with Lake Area Women's Councils. Councilmember Siakel indicated she will be out of town and
therefore cannot attend. Sandberg asked what is going on with regard to the proposal from Humming for
Bees. Administrator Joynes stated there is a lot of activity going on at the State legislative level about the
decline in pollinating bees. Joynes explained that is a complicated issue for City staff with regard to its
current landscape maintenance practices and what Humming for Bees is asking the City to do. He is not
sure things will be done within the timeframe that group would like. He stated staff will try to get back to
Council within a month or two.
Sandberg then stated that she and Councilmember Woodruff attended a symposium titled 2014 Minnesota
AIS Symposium: Long -Term Solutions Through Public- Private Partnerships. She found it to be
informative. She indicated she does not know how the City can be any more proactive than it is with AIS
mitigation. She noted she will be speaking with Gabriel Jabbour with Tonka Bay Marina more about this.
Councilmember Woodruff stated he thought it was a very good meeting. He then stated a number of
experts were invited to speak to the State Legislatures on March 19. It was an interactive session. He
noted there were a lot of members of various councils in attendance as well as representatives from
various agencies. Dr. Sorenson from the University [the Scientific Director, University of Minnesota AIS
Research Center] was one of the speakers. He stated the activities Dr. Sorenson spoke about wanting to
do are woefully underfunded. The Research Center needs more funding than it is currently receiving. It is
prudent for local governments to send that message.
Councilmember Sandberg agreed that Dr. Sorenson and the Research Center are woefully underfunded.
She stated that is a State funding issue. She suggested Council focus on encouraging the State legislative
representatives for the City to support funding at the State level. Councilmember Woodruff concurred the
funding issue is at the State level.
Mayor Zerby stated he attended the March 11, 2014, Tonka Bay City Council work session. He explained
the 3 -Year Pilot Project Proposal regarding the Southshore Community Center prepared by Greenwood
Mayor Kind and Tonka Bay Councilmember Ansari was presented by Kind and Ansari. He stated he
thought that overall the proposal was well received by the Tonka Bay City Council. That Council was
more interested in the lower upgrade cost number in the proposal; one number was about $44,000 and the
other about $64,000. That Council wanted to be clear that Tonka Bay was stepping up for this one time. It
would then evaluate the results after three years. There was discussion about when to start the three -year
evaluation — this year or after improvements have been made to Badger Park, specifically the parking lot
improvements. It wants to use the funding ratio that was used for the construction of the SSCC facility. It
was aware that the City of Deephaven wants no part of the joint proposal. He indicated he thought that
Council's response was better than he had anticipated.
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March 24, 2014
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Administrator Joynes noted that the City of Excelsior City Council will have the same presentation on its
agenda for its second meeting in April. The Shorewood Council will have it on its April 14 meeting
agenda.
Councilmember Siakel stated based on what Mayor Zerby explained she understands that Deephaven
does not want to participate in the SSCC anymore or pay for improvements to the SSCC. And, that Tonka
Bay wants to participate at the lowest participation rate possible. She then stated it seems Tonka Bay
wants only to participate in a short -term solution.
Councilmember Sandberg stated during Council's March 10, 2014, work session staff had presented a
number of concerns it had with the proposal. She recommended those concerns be incorporated into
Council's consideration. She stated she thought the proposal was a little "squishy ".
Councilmember Woodruff noted he watched the video recording of that work session. He stated he agrees
staff needs to come back with more realistic cost and revenue projections than those included in the
proposal. He recommended against introducing any more numbers at this time to the general audience for
this. He preferred to let them react to what is on the table.
Mayor Zerby stated during the Tonka Bay Council work session there was some criticism about the size
of the font and too much information on the digital display sign for the SSCC. The message was difficult
to read when driving by the sign. There was also concern expressed about having events at the SSCC and
sporting events in Badger Park at the same time because of parking constraints.
Councilmember Siakel noted that she will attend the March 26, 2014, Excelsior Fire District Board
meeting.
13. ADJOURN
Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of March 24,
2014, at 8:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
96,rti- P" fj�, ,~-. --
Jean Panchyshyn, City Clerk
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