12-08-14 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, DECEMBER 8, 2014 7:00 P.M.
Mayor Zerby called the meeting to order at 7:05 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Hotvet, 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 Homby
Absent: None.
B. Review Agenda
Hotvet moved, Woodruff seconded, approving the agenda as presented. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting Minutes, November 24, 2014
Hotvet moved, Woodruff seconded, Approving the City Council Work Meeting Session Minutes of
November 24, 2014, as presented. Motion passed 510.
B. City Council Regular Meeting Minutes, November 24, 2014
Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of
November 24, 2014, as presented. Motion passed 510.
C. City Council Work Session Meeting Minutes, December 1, 2014
Woodruff moved, Siakel seconded, Approving the City Council Work Session Meeting Minutes of
December 1, 2014, as presented. Motion passed 5/0.
D. City Council Special Session Meeting Minutes, December 1, 2014
Woodruff moved, Siakel seconded, Approving the City Council Special Session Meeting Minutes of
December 1, 2014, as presented. Motion passed 510.
Mayor Zerby reviewed the items on the Consent Agenda.
Sundberg moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolution Therein.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 8, 2014
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A. Approval of the Verified Claims List
B. Accept donations for Artie Fever
C. Adopting RESOLUTION NO. 14 -099, "A Resolution Adopting Credit Card
Limits."
Councilmember Sundberg noted that Council had been provided with a corrected resolution for the credit
card limits. She asked if there is a list of the types of things staff can purchase with their City credit cards.
Director DeJong explained they can purchase anything from the City's normal vendors. In response to
another question from Sundberg, DeJong stated individual limits are up to $3,500 per month.
Councilmember Woodruff stated when Council and staff first talked about the purchasing card program .
last spring it was understood that staff would not be able to use the cash advance capability. He confirmed
that is the case earlier in the day with Director DeJong.
Motion passed 5/0.
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Patricia Hauser, 5805 Minnetonka Drive, stated she was present on behalf of Humming for Bees to ask
Council to consider having the City support and participate in a first west metro pollinator party that
would be held in the spring or summer of 2015. It would be an educational opportunity for the community
and other cities in the west metro area as well as a time for fun. Members of Humming for Bees attended
the City of Minneapolis' pollinator party in 2014. She explained that she is asking to be put on the
January 12, 2015, Council meeting agenda so a short presentation can be made. She invited members of
Council, staff or others in the community to help with planning for the event. She explained there is an
American Honey Queen and an American Honey Princess who go to cities around the country to talk
about bees. They are a big draw to events; so much so that they are booked up by January. That is why
they are talking about this so far in advance.
Councilmember Sundberg stated she is interested in learning about what the City can do to promote the
important issue of a declining bee population. She offered to help where possible.
Councilmember Hotvet thanked Ms. Hauser and the members of Humming for Bees for educating
Council and keeping it current on this issue.
Ms. Hauser thanked Councilmember Hotvet for her service as a member of Council.
None.
6. REPORTS AND PRESENTATIONS
A. Recognition of Service for Councilmember Laura Hotvet
Mayor Zerby stated that he has appreciated having had the opportunity to work with Councilmember
Hotvet on Council. He noted he first worked with Hotvet when they were involved with discussion
related to a Community Boulevard Concept along County Road 19. He stated Hotvet's community
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 8, 2014
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engagement and community spirit, her connections throughout the cities and her position as the Executive
Director of the Excelsior -South Lake Chamber of Commerce have benefitted Shorewood and this Council
in a major way. He thanked her for her efforts on behalf of Council and himself personally.
Mayor Zerby presented her with a traditional walnut plaque. The plaque states "Presented by the City of
Shorewood Council to Laura Flotvet in appreciation of her four years of dedicated service to her
community as a member of City Council of the City of Shorewood from January 2011 through December
2014."
There was a wonderful round of applause.
Councilmember Hotvet stated it has been an honor and a pleasure to serve as a member of City Council.
She truly enjoyed her time serving in that capacity. She found it to be very educational. Although she
found the learning curve to be very steep, she thought being engaged in local government is one of the
most important things a resident can do if they are so inclined. She expressed appreciation for the
attention paid to her questions. She noted that she hopes this is not a goodbye but rather a maybe see you
later. She extended her thanks to everyone.
i. PARKS
A. Report on the November 25, 2014 Park Commission Meeting
Park Commission Chair Mangold reported on matters considered and actions taken at the November 25,
2014, Park Commission meeting (as detailed in the minutes of that meeting).
Councilmember Hotvet asked Chair Mangold what the timeframe is for sending out a park survey. Chair
Mangold stated the Park Commission does not want to use the survey tool too frequently.
Chair Mangold explained that it works best to have one core item/issue the City and Park Commission
wants to address and then word the questions around it. That last survey was related to what to do with
the Skate Park with regard to the idea of a dog park. The number of respondents was greater than
anticipated. Unfortunately, there was a 50150 split of perspectives. The Park Commissioners are making a
concerted effort to make sure the survey questions are very clear in order to improve the clarity of the
responses.
Councilmember Siakel stated because the Badger Park improvements have been pushed out to at least
2016 she asked if the Park Commission has considered what projects could be moved up. She noted she
continues to have interest in improving the community garden in Freeman Park. She stated there needs to
be a fence around it. This past year a portable restroom was located right next to the garden. She asked
that the Park Commission discuss the needs further and also discuss if there are some small things that
should be done to Badger Park in 2015.
Chair Mangold stated the next item on this agenda is to consider scheduling the resurfacing of some
tennis courts, a basketball court and a half -court for 2015. Resurfacing is behind a couple of years based
on the rotation cycle. The resurfacing of the Badger Park tennis courts needs to be done in 2015 because it
was delayed pending improvements being made to the Park. He stated the Park Commission will revisit
the community garden in Freeman Park.
B. Park Improvements 2015
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December 8, 2014
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Director Nielsen stated there were some projects that did not get completed in 2014 in part because of the
compressed construction season due to the late summer and very early winter. One of those projects was
the tennis courts in Badger Park which were scheduled for resurfacing in 2014. In order to get on the
contractor's schedule as early as possible staff is seeking approval to schedule the following projects — the
resurfacing of the tennis courts at Badger Park, the resurfacing of the tennis court and basketball court at
Cathcart Park and the resurfacing of the half -court at Silverwood Park. He noted the meeting packet
contains a copy of a bid to do that work from DERMCO- LaVINE Construction for a total amount of
$20,800.
Councilmember Woodruff stated from his perspective Council's and the ,Park Commission's discussions
about the Park Improvements Capital Improvement Program (CIP) have been a little out of sync because
Council has pushed out improvements to Badger Park until at least 2016. . Some of the park improvements
had been pushed out a few years because of the cost for the Badger Park improvements. He encouraged
Council to work with the Park Commission early in 2015 and determine of any of the projects pushed out
should be pulled back like Councilmember Siakel just suggested. He noted the City does not have enough
funding to do all of the suggested improvements to Badger Park.
Park Commission Chair Mangold stated with regard to the Park Improvements CIP there is one other year
where there will be a significant hurdle when it comes to funding projects. There are some large projects
that the Commission has not begun to discuss.
Woodruff moved, Siakel seconded, authorizing staff to schedule the resurfacing of the tennis courts
at Badger Park, the resurfacing of the tennis court and basketball court at Cathcart Park and the
resurfacing of the half -court at Silverwood Park for 2015 per the Park Improvements Capital
Improvement Program. Motion passed 5/0.
C. Park Concessions Agreement
Director Nielsen explained that Russ Withum has been providing concession services at Eddy Station for
the City since 2005. Mr. Withum has indicated he is willing to do so again for 2015. Mr. Withum will pay
the City $394 and that payment is due by September 30, 2015, Mr. Withum retains all profit from the sale
of the concessions. He is responsible for purchasing and maintaining all of them and hiring the people to
sell them. Although the copy of the agreement included in the meeting packet is the same as previous
agreements, some members of the Park Commission had some technical questions about it. The City
Attorney has added a "no assignment" provision to the agreement. Unfortunately, the Park Commission
does not meet until December 9. Consequently, staff is asking the Council to approve the agreement,
subject to the Park Commission's review and comments. He noted that staff checked with the various
sports organizations to see if they have any interest in providing the same services as a fund raising effort.
There was not any interest.
Mayor Zerby asked if the City has ever advertised for this. Director Nielsen stated it is his recollection
that it was advertised the time before last. Zerby then asked if it was advertised in the Sun Sailor
Newspaper. Nielsen noted that he was not sure.
Director Nielsen stated that providing concession services is quite time consuming and being open for
small turnout events is not very lucrative some times.
Siakel moved, Sundberg seconded, approving the Park Concessions Agreement for 2015 with Russ
Withum per the recommendation of the Park Commission subject to the Park Commission's review
of the Agreement. Motion passed 510.
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December 8, 2014
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8. PLANNING
A. Report on the August 5, 2414 Planning Commission Meeting
Planning Commissioner Labadie reported on matters considered and actions taken at the December 2,
2014, Planning Commission meeting (as detailed in the minutes of that meeting).
B. Accept Proposals for Professional Services for Smithtown Road East Sidewalk
Improvement Project
Director Nielsen stated during its November 10, 2014, meeting Council decided to move forward with the
Smithtown Road East Sidewalk Extension Project in 2015. The next step in the Project is to authorize the
engineers to move forward with preparing the plans and specifications and determining the cost estimates.
The meeting packet includes a copy of a proposal from WSB & Associates for Final Design and Bidding
Services as well as for Construction Services for Council's consideration. Staff recommends Council
authorize moving forward with the next phase. He noted that staff understands that this Project will be on
the agenda for the January 29, 2015, Council and staff retreat to discuss the possibility of postponing the
Project and do it in conjunction with the redevelopment of the Minnetonka Country Club (MCC)
property. The documents will be needed independent of whether the project moves forward in 2015 or if
it is delayed.
Councilmember Woodruff stated there are two parts to the proposal. One is for Final Design and Bidding
Services for an amount of $108,924. The other is for Construction Services for an amount of $112,656.
He noted that he assumes that if Council decides to do something thing different about the Project that the
Construction Services part of the proposal would not be done. In response to a question from
Councilmember Woodruff, Engineer Hornby stated the right -of -way acquisition is part of the Final
Design.
Ilotvet moved, Siakel seconded, Adopting RESOLUTION NO. 14 -100, "A Resolution Ordering
Improvement and Authorizing WSB & Associates to Prepare Plans, Specifications and Estimates,
City Project 14 -10 Smithtown Road East Trail Segment." Motion passed 510.
A. Approve Resolution Authorizing Preparation of Feasibility Report for Star Lane
and Star Circle improvements
Engineer Hornby noted this is a housekeeping item. He explained if Council decides to move forward
with the extension of watermain as part of the Star Lane and Star Circle reconstruction project and to
assess for the extension Minnesota Statures, Chapter 429 requires the City to adopt a resolution ordering
the preparation of a feasibility report for the Project. Although Council did authorize updating the
previous Feasibility Report, staff wants to formalize that authorization and recommends Council adopt the
resolution.
Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 14 -1.01 "A Resolution
Ordering Preparation of Feasibility Report for Star Lane and Star Circle Improvements, City
Project 14 -11." Motion passed 510.
B. Approve Resolution Receiving Feasibility Report and Calling for Public Hearing on
Proposed Improvements for Star Lane and Star Circle, City Project 14 -11
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December 8, 2014
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Engineer Hornby noted the Feasibility Report for the Star Lane and Star Circle Improvements Project has
been updated.
He explained the original Report indicated that the cul -de -sac at the end of Star Circle was standard but it
is not because the City's right -of -way (ROW) is not wide enough to accomplish that. It will be left as a
60 -foot diameter cul -de -sac.
There were two options considered for the storm sewer system. One would be to connect to an existing
culvert that crosses Star Lane on the north side of Smithtown Road. A structure would be built over the
culvert and drain down the ditch alongside the north side of Smithtown Road. The other would be to
would be to cross Smithtown Road to the south and connect to the storm sewer system that will be
installed as part of the Smithtown Road East. Sidewalk Extension Project. The cost for the two options is
about the same. Both options are accounted for in the cost estimates. Storm sewer system would be put in
for the entire subdivision.
The proposed improvements to the sanitary sewer system include reducing the inflow and infiltration.
Some shields will be put in at the manhole castings. The castings will be adjusted to meet the new
elevation of the roadway. They also include various point repairs, spot repair lining, and sewer cleaning.
The Feasibility Report includes the extension of 8 -inch watermain along Star Lane and Star Circle from
the existing stub at Smithtown Road that extends north. One -inch diameter services will be extended to
the ROW for each property. There are fifteen properties that abut the project. Two of them already have
access to municipal water. Therefore, they are not included in the assessable properties. There are thirteen .
benefiting properties that would be assessed.
The total project cost is estimated to be just over $1 million. The estimates are based on last fall's bidding
environment. The cost includes surface improvements, sanitary sewer improvements, storm sewer
improvements, and watermain improvements. Of the total cost approximately $646,800 will come from
the Street Reconstruction Fund, $1 80,800 will come from the Storm Water Fund, $50,800 will come from
the Sanitary Sewer Fund, and $178,400 will be assessed 100 percent to the thirteen benefiting properties
for the watermain extension. The per - property assessment is estimated to be $13,723.
He highlighted the project schedule. The public improvement hearing is scheduled for Council's January
26, 2015, meeting. At that time Council will be asked to authorize moving forward with plans and
specifications. The plan is to approve the plans and specifications and authorize advertisement for bid at
the end of April and bids would be opened in May and the contract would be awarded in May. The initial
bituminous pavement will be put down in August 2015. Final completion is anticipated for the
spring /summer of 2016 in order to allow for a year before the wear course is put down.
Hornby noted that this evening Council is being asked to accept the updated Feasibility Report and set the
proposed public hearing date for January 26, 2015.
Councilmember Woodruff stated that based on the volume of bids rejected last fall he assumes many
projects will be rebid next year. He asked if it would be possible to move up this project's timeline so it
could be bid out earlier in the year. Engineer Hornby stated he thought there will be a wave of early bids,
then there will be a break and then more projects will be bid out. In order to adhere to the timeline for the
429 process should the watermain extension component of the project move forward that timeline needs
to be followed. For example, there needs to be a certain number of days before holding the public hearing.
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Councilmember Siakel asked Engineer Hornby if there are any signs of construction companies adding
staff.
Engineer Hornby explained that the contractors he has spoken with told him there is a lot of competition.
During the recession there was a loss of contractor companies. There was a loss of construction workers
to other careers and to work in the State of North Dakota. There is the new Vikings Stadium project going
on. The Minnesota. Department of Transportation (MnDOT) has a very large project. There have been
increases in material costs because of those two projects. There was a cement and fly ash shortage this
year. One of the contractors he spoke with conveyed that labor costs have increased by about 50 percent
compared to five to six years ago. Therefore, costs are likely to remain high for quite a while. He stated
because of the project schedule if the bids come in too high they could be rebid 30 — 60 days later and the
project could still be completed on time.
In response to a comment from Mayor Zerby, Engineer Hornby stated that once the barges can start to
travel up the river next spring the cement and fly ash supply should get built back up. This year there
were some large projects that were consuming those materials.
In response to a question from Mayor Zerby, Engineer Hornby explained the current roadway varies from
about 23 feet to 26 feet wide. The back of the two concrete drive -over style curbs will be 28 feet apart.
The actual bituminous width will be a little narrower than 26 feet. wide. That will be similar to
Meadowview and Sunnyvale Lane.
Councilmember Woodruff stated there was a neighborhood meeting on December 4 and there was about a
50 percent turnout. He did not sense a huge negative reaction to the roadway. He noted that when
reconstruction of these roadways was last considered there was a negative reaction to the proposed
increase in size for the cul -de -sac. He stated there were only five (out of thirteen) responses to the
neighborhood survey about watermain extension. He asked if a more thorough survey will be conducted
before Council has to make a decision about watermain extension. Engineer Hornby stated during the
meeting those in attendance were encouraged to talk to their neighbors not present and ask them to let the
City know what their thoughts are about that. Staff handed out additional comment cards to bring to their
neighbors. As of today no comment cards have been sent back. He has received one email expressing
support for the entire proposed project. He will work with the Communications Coordinator to do another
survey monkey survey. Woodruff stated the age of some of the residents in that neighborhood might not
make survey monkey the best way to survey them.
Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 14 -101 "A Resolution Receiving
Feasibility Report and Calling for Public Hearing on Proposed Improvements Star Lane and Star
Circle Improvements, City Project 14 -11." Motion passed 510.
C. Excelsior Boulevard Trail Extension Improvement Alternatives
Engineer Hornby explained that Council had previously been informed that Metropolitan Council
Environmental Services (MCES) had determined that the supporting soils where the retaining wall was to
be built as part of the Excelsior Boulevard trail segment between Manor Road and Barrington Way were
unsuitable to support the wall.
MCES had its geotechnical consultant perform supplemental soil investigation. It then had its design
consultant review alternatives to stabilize the embankment. Two alternatives that were deemed feasible
were reviewed; there was a third alternative identified that was a hybrid of the two reviewed. One
alternative reviewed was a modular retaining wall supported by aggregate piers. The wall would be
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December 8, 2414
Page 8 of 16
constructed on a pier system in the unsuitable soils. The other alternative reviewed was vegetated soil slope
reinforcement with a proprietary shallow slope soil reinforcement product. Anchors would be put into the side
slope and mesh would be put down that the plant life grows through and helps stabilize the soil.
The preliminary estimate for the modular block alternative is $95,000 — $105,000 plus the cost of the
planned retaining wall ($147,000). The total preliminary estimate for this alternative is $252,000 plus the
cost of constructing the trail. The preliminary estimate for the vegetated slope reinforcement alternative is
$85,000 — $95,000 plus the cost of turf establishment and restocking the one truck load of retaining wall
block that had been delivered to the site. The total preliminary estimate for this alternative is $110,000
plus the cost of constructing the trail. The second alternative is within the budget for the project. MCES
wanted staff to ensure Council knows that the estimates are very preliminary and that the Minnesota
Department of Transportation (MnDOT) has not approved either alternative. MCES wants to know what
the City's preference is before it pursues this more with MnDOT.
Councilmember Hotvet asked what the cost is for the construction of just the trail. Engineer Hornby
stated he does not have that infonnation with him but he thought the cost for the bituminous trail only was
in the $30,000 — $35,000 range.
Hotvet explained that during a meeting with MCES representatives a few weeks ago there was discussion
about what part MCES was going to play from a financial perspective. She asked if any funding from
MCES is included in the numbers presented. Engineer Hornby clarified that based on the information he
was given the costs included in his memorandum would be paid for by the City. Hornby explained that
MCES did the soil investigation and had its consultant work out the alternatives. MCES will also continue
to move forward with the design with its consultant.
Hotvet asked what plan MnDOT approved in the original trail design. Engineer Hornby explained it was a
modular block retaining wall about 2.5 — 4 feet high for the length of the trail. Hornby noted that MnDOT
had to approve the original design because the retaining wall and trail crept into its right -of -way (ROW).
Mayor Zerby asked if the Excelsior Boulevard trail segments located in the Cities of Excelsior and
Greenwood trail have a bituminous surface. Engineer Hornby responded the portion in Excelsior is a.
concrete walk and the portion in Greenwood is bituminous. Zerby noted he would like to be consistent
with the surface type for the portion in Shorewood. He asked that be looked at again.
Zerby stated he support going with the cheapest alternative; the vegetated slope reinforcement alternative.
He thought that alternative would look nice and serve the purpose.
Councilmember Siakel asked Engineer Hornby to clarify what a vegetative slope is. Hornby explained
there is a proprietary product that appears to have the strength to support the types of soils there. A
geotextile fabric or soil reinforcement mat is anchored into stable soil that could be as far as four or six
feet down. The plants grow though the fabric or soil reinforcement mat.
Engineer Hornby asked for Council's direction on what its alternative preference is so he can relay that to
MCES.
In response to a comment from Mayor Zerby, Engineer Hornby stated the original cost of the wall
Council approved was about $147,000.
In response to a question from Councilmember Siakel, Engineer Hornby explained the subcontractor had
staged one truck load of retaining wall blocks, which are quite large, to the site. Heavy equipment is
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December 8, 2014
Page 9 of 16
required to remove them from a truck. The subcontractor will have to bring a truck and heavy equipment
to the site to remove the block and return it to the manufacturer.
Councilmember Sundberg stated she thought the vegetated slope reinforcement alternative is cost
effective and it sounds as if it would be visually appealing.
Councilmember Siakel asked if there is an extra cost to upgrade the trail surface to concrete. Engineer
Homby guessed concrete costs about $45 — $50 dollars a square yard and bituminous costs about $7 —
$10 a square yard.
In response to a comment from Councilmember Hotvet about the restocking costs, Engineer Homby
explained that the contractor had to spend money to have shop drawings prepared for MnDOT. He
assumes MCES may make a claim for the City to pay for some /all of those costs. Hotvet asked if there
will be strategic negotiation about who pays for what. Hornby responded there will be some of that and
noted that MCES has made an investment into this City project. He encouraged Council not to think that
MCES is just trying to have the City bear all of the costs.
Hotvet moved, Sundberg seconded, authorizing staff to move forward with the vegetated slope
reinforcement alternative for the area alongside of the Excelsior Boulevard trail segment and
concrete trail surface. Motion passed 4/1 with Woodruff dissenting.
10. GENERAL /NEW BUSINESS
A. Appeal — Zoning Violation Order
Appellant: James Keefer
Location: 20925 Forest Drive
Director Nielsen explained that on October 29, 2014, the City sent James Keefer a zoning violation. letter
for four violations. The violations were: 1) two boats and trailers, expired licenses, located within the
required side yard setback; 2) a camper /pop -up trailer, located within the required side yard setback; 3)
cement mixer; and, 4) two tarp structures. The Keefers have asked for additional time to comply citing
health reasons as well as a need to keep their vehicles under cover for at least the winter after which they
may consider building some type of storage area.
Nielsen stated if Council is agreeable to granting an extension of time to bring the violations into
compliance staff suggests the following: 1) the recreational equipment should be moved to comply with
setbacks by December 12, 2014; 2) the camper, if not licensed, should be removed from the site by the
end of the month; 3) the boats should be licensed by January 6, 2015 (watercraft licenses are good for
three years); and, 4) the vinyl tent structures should be removed by April 1, 2015.
Councilmember Siakel asked about the April 1, 2015, date. Director Nielsen stated the Keefers asked to
be able to use the vinyl structures until spring and staff thought winter should be over by April 1.
Councilmember Sundberg asked if the Keefers' neighbors have continued to express concerns. Director
Nielsen stated he has not heard from the neighbor who filed the original complaint.
Councilmember Woodruff noted he is sensitive to the Mr. Keefer's difficulties in bringing the violations
into compliance. He expressed concern about the portable shelters. He stated that using them cannot
continue to be used next winter. Director Nielsen noted that staff has made that well known to Mr.
Keefer.
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December 8, 2014
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Woodruff stated he sees a lot of vinyl tent structures around the City. He noted he is aware that staff does
not drive around. the City looking for zoning violations. He suggested publishing that the use of the tarp
structures is a violation in the City newsletter. Director Nielsen noted the Planning Commission discussed
that very thing early this year.
Woodruff moved, Sundberg seconded, granting James Keefer an extension of time to bring his
violations into compliance according to the timeline recommended by staff which is as follows: 1)
the recreational equipment should be moved to comply with setbacks by December 12, 2014; 2) the
camper, if not licensed, should be removed from the site by the end of December 2014; 3) the boats
should be licensed by January 6, 2015; and, 4) the vinyl tent structures should be removed by April
1, 2015. Motion passed 510.
B. Professional Auditing Services Interview Committee Appointment
Director Nielsen explained that during its November 24, 2014, meeting Council authorized a request for
proposal (RFP) for auditing services. Each of the six firms he sent the RFP to have responded that they
are interested. Staff is asking Council to appoint one or two members of Council to review the proposals
and interview selected firms.
Councilmember Siakel recommended Mayor Zerby and Councilmember Woodruff participate in that
effort.
Siakel moved, Sundberg seconded, appointing Mayor Zerby and Councilmember Woodruff to the
Auditor Selection Committee. Motion passed 510.
C. Accept the 2015 — 2019 Capital Improvement Program and 2015 Enterprise Budgets
Administrator Joynes explained the summary memorandum included in the meeting packet lists all of the
changes Council asked to be made to the 2015 — 2019 Capital Improvement Program (CIP) and 2015
Enterprise budgets during discussions about these items last summer and fall. Changes included, for
example, delaying some projects and assigning the cost of equipment to various funds. He stated that
unless Council wants to make additional changes staff recommends approval of the CIP and Enterprise
Budgets.
Councilmember Woodruff thanked staff for making the adjustments. He stated Council had discussed the
possibility of upgrading the Council Chamber recording equipment to high definition. That is not
included in the CIP. He asked if should be added or be dealt with at a later time. Mayor Zerby stated he
would prefer to add it later and noted that the hopes the Lake Minnetonka Communication Commission
(LMCC) will contribute some amount of money toward that upgrade. Councilmember Siakel asked if the
upgrade is necessary. Zerby stated that is a good question. Siakel stated she views it as a nice to have
upgrade. Woodruff stated he spoke with someone at the LMCC about the upgrade and learned that if the
City stays with standard definition equipment the showing of the video recordings of Council's meetings
will likely get moved to a different Mediacom cable channel. Woodruff then stated this item can be put
off until there is more information available.
Woodruff explained the Trail Construction Fund document indicates there will be a major deficit in 2015.
Earlier in the day Director DeJong pointed out that Council needs to determine where to get the money
from to fund the trails identified in the Trail CIP. He clarified the City is not going to construct a trail
without there being adequate funding. He noted there are a number of funding alternatives and a decision
about them will not be made until early in 2015.
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December 8, 2014
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Mayor Zerby commented that he thought the South Lake Minnetonka Police Department (SLMPD) has
completed upgrading its radios to 800 megahertz (MHz). He stated the summary memo and Equipment
Replacement CIP shows that 800 MHz replacement radios have been added to the CIP in 2019. He asked
how many radios the City has and when they will all be upgraded. Director Brown noted public safety
officials have been using 800 MHz radios for about the last eight years. He explained that Public Works
has six 800 MHz radios. Motorola has indicated that in two years it will no longer provide parts for the
portable radios Public Works has. He had previously forgotten to have upgrades added to the CIP. The
intent is to replace one or two of the portable radios at a time.
Siakel moved, Hotvet seconded, Adopting RESOLUTION NO. 14 -103, "A Resolution Adopting the
2015 — 2019 Capital Improvement Program, Capital Project Fund Budgets, and 2015 Enterprise
Budgets." Motion passed 5/0.
D. Council Discussion and Selection of Renewable Energy Alternatives Consultant
Administrator Jaynes stated during its December 1, 2014, work session Council interviewed three firms
to conduct a study about renewable energy alternatives for the City. The firms were Barr Engineering
Company, CR Planning, Inc., and Solarstone Partners, LLC. Council did receive copies of their full
proposals. There was some flexibility in the costs for the services based on the emphasis the City wants to
put on wind energy. He noted that the three firms each had different perspectives.
Councilmember Siakel noted that she learned a lot from that work session and she found the discussions
interesting. She explained that one firm wanted to build it, one wanted to plan it and one wanted to help
the City figure out how to pay for it. She liked CR Planning's approach to the study. Its representatives
considered the city globally and they are planners. They were prepared. She was impressed with their
knowledge. Creating a good plan is the right place to start and she chose CR Planning to do that. She
noted that if the City were to implement it she would choose Barr Engineering.
Councilmember Sundberg stated she thought all three firms would do a good job. She noted she thought
Councilmember Siakel summed it up quite well. She stated she likes CR Planning's approach. She
thought representatives for CR Planning brought a couple of interesting other facets to it. One was the
recognition of the issues and opportunities that might arise as part of the redevelopment of the
Minnetonka Country Club (MCC). She thought CR's approach was more in Iine with what Council wants
to do. Right now is not the time for engineering input; that need will come up later in the process. The
same is true for financing options. She noted that CR has worked with city governments before and it has
by far the most experience in that area.
Councilmember Hotvet stated she supports Councilmember Siakel's recommendation. She thought they
were all very competent. She noted she had to leave before Solarstone Partners presentation during the
December 1 work session.
Councilmember Woodruff stated he thought Barr Engineering's approach was quite comprehensive. But,
if the City decides not to build anything the City may end up with something it does not need from Barr.
He thought all three proposals were good. He has some concern that CR Planning's approach is more high
level than he thought it should be. He recommended staff work with CR representatives on that. He noted
he thought CR will be the least expensive alternative. He stated if Council is comfortable with having a
more generalist approach that is not really actionable without doing more work then choosing CR is okay.
Councilmember Siakel stated she does not view the CR Planning approach as generalist. She views the
approach as a planning approach. They would help with building a business plan and a business rationale.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 8, 2014
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They would help the City develop a vision for what it wants to do. She then stated that the City often
approaches many things from an engineering perspective; at times it does not do enough planning first.
She views what will come out of the study as being a very solid blueprint for something the City may
want to implement. She thought it will help Council understand things such as what will make sense and
what is cost effective. She noted that spending money on planning will not be a waste.
Mayor Zerby noted he agreed with Councilmember Siakel's perspective and comments. He stated he
thought CR Planning representatives did a good job. The firm has a lot of experience with other
intergovernmental organizations. He noted he is comfortable with choosing CR Planning. He also noted
that he thought Barr Engineering's engineering skills were outstanding.
Councilmember Hotvet stated this is a brand new concept. Approaching this with a plan will make it
easier to communicate what is going on.
Sundberg moved, Siakel seconded, selecting CR Planning, Inc., to conduct Shorewood's Renewable
Alternative Energy Study.
Councilmember Woodruff asked if there were options in CR Planning's proposal that Council needs to
pick. Administrator Joynes stated it is his recollection that CR Planning representatives did make a
comment about how much work the City wanted done on wind energy. There is an opportunity to
renegotiate the contract based on feedback from the City on the scope of study for wind energy.
Administrator Joynes noted that wind energy potential for the City is very low.
Councilmember Woodruff asked if Council is approving all of the options in the proposal.
Mayor Zerby stated he does not see wind energy in CR Planning's proposal. It was not one of the four
options.
Councilmember Woodruff suggested approving the base study cost of $18,482. Councilmember Sundberg
noted that she does not support doing that; she wants to keep the four additional options in there for now.
When staff begins to work with CR Planning those options can be eliminated if appropriate. Woodruff
stated the City is telling CR to start work. Sundberg stated staff is going to get involved with CR and help
to lay out the plan for moving forward. Staff can make recommendations on the additional options and
then Council can decide if it wants the option(s) removed from the scope of effort. Administrator Joynes
suggested that Council select CR to do the study as the motion on the table does. Staff can scope out a
work plan and come back to Council with costs.
Without objection from the seconder, the maker amended the motion to include directing staff to
prepare a work plan and bring it to Council for review and acceptance. Motion passed 5/0.
E. Proposed 2015 Contract for Public Works, AFSCME Local 224
Administrator Joynes stated formally on Thursday morning, December 4, 2014, a tentative agreement was
reached for the 2015 contract for Public Works AFSCME (American Federation of State, County and
Municipal Employees) Local 224.
He reviewed the agreements that were reached. They are as follows.
➢ The contract will be effective from January 1, 2015, through December 31, 2016.
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December 8, 2014
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➢ The wage scale will be adjusted upward by 2 percent on January 1, 2015, and again by 2 percent
on January 1, 2016.
➢ The City's per -month contribution toward regular full -time employees' dependent health
insurance will be increased to $950 from $900 in 2015. Some employees experienced an
approximate 28 increase in their portion of the cost for 2015. It is recommended that there be a
contract re- opener for this item only for 2016 given the volatility of the insurance market.
➢ The maximum amount of compensatory (comp) time that can be accumulated was increased to 80
hours from 64 hours. The employee and the City can agree to let an employee earn comp time in
place of overtime pay. Any amount over 80 hours gets cashed out.
➢ The City will maintain a stock of eight, knee -high rubber boots for general worksite use.
➢ The distribution of the winter gear uniform allowance will be distributed on or as near as January
1 as possible.
➢ The City will provide, as an option, a lump sum payout of all unused, earned vacation pay at
retirement. It is cheaper for the City to offer the lump sum option than have the employee extend
their formal retirement date at the end by using vacation because the City does not have to pay
benefits on that time.
➢ A great deal of time was spent negotiating a change to Appendix A Section 4. The City will now
have the ability to move a new employee up a maximum of two steps within the first 18 months
of their service with notification and reasons provided to the union. That action taken under this
section is not subject to grievance or arbitration. This is a first step toward a pay -for- performance
system.
➢ Everything else that was in place for 2014 remains in place.
Joynes recommended Council approve the contract settlement contingent on receiving written notice of
approval from AFSCME.
Mayor Zerby expressed his appreciation for all of the time spent on negotiations. He encouraged
employees to take their vacation time for a variety of reasons.
Councilmember Woodruff expressed concern that based on his interpretation on Appendix A Section 4
the City can only hire a Public Works employee at the lowest pay range for that position. That puts the
City in a position of not being able to attract experienced people.
Councilmember Siakel stated she does not view starting everyone at the lowest pay range as punitive. The
City can immediately move them up a step or two. Administrator Joynes concurred with the second
statement. Councilmember Woodruff asked staff if it believes it will make the City competitive in the
market place. Joynes responded it will and stated that based on his experience two -step flexibility covers
just about everyone in the candidate pool. A person with experience above the next two steps would not
likely apply for a position the City has open.
Councilmember Hotvet stated she supports what has been negotiated.
Sundberg moved, Hotvet seconded, approving the two -year execution of the contract with Public
Works American Federation of State, County and Municipal Employees (AFSCME) Local 224 as
presented subject to changing in Appendix A, Section 4 "Anytime within the employee's first year of
service ..." to "Anytime within the employee's.first eighteen months of service ..." and contingent
upon notice from AFSCME of its acceptance of the contract. Motion passed 510.
F. 2015 Staff Compensation
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 8, 2014 .
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Administrator Joynes explained that based on the wage settlement for Public Works union personnel he is
recommending the same 2 percent increase across the board salary adjustment and the same $50 per -
month increase to $950 in the City's contribution toward dependent health insurance coverage for non-
union employees. He then explained that the last two years money was set aside for merit increases for
individuals that demonstrated exceptional performance in certain areas or on certain projects. For 2015
the amount that would be available for merit increases would be $1,656. He recommended that merit pool
be distributed in equal amounts to Public Works employees. Although that bonus is very small, yet
heartfelt, it is a gesture of appreciation for the service they provided during the worst year of weather
people can remember. They provided service during the very harsh winter this past year, the flooding this
past spring and the very cold late. November. Those employees performed very well. He noted that he and
Director Brown are very proud of how they performed.
Mayor Zerby stated he thinks allocating the merit pool to Public Works employees is the right thing to do.
Zerby then stated it is his recollection that for 2014 the cost of employee insurance decreased significantly
yet the City's contribution stayed the same. He asked if it is necessary to have a $50 increase in the City's
contribution for 2015. Administrator Joynes explained the decrease for employees was about 18 percent
for 2014 and for 2015 the increase will be about 28 percent on average. The increase will depend on each
individual's situation. Individuals who do not seek dependent coverage will not see much of an increase
in their contribution. Joynes noted that he thought the increase is reasonable.
Llotvet moved, Sundberg seconded, Adopting RESOLUTION NO. 14 -104, "A Resolution Adopting
the 2015 Wage Adjustments."
Councilmember Woodruff stated he supports the merit increase for Public Works employees and the
insurance contribution increase. He express concern that it will be the third year in a row that that the
City's pay for performance compensation policy has not been followed. He noted that he has discussed
that concern with Administrator Joynes and staff. He stated if that approach is going to continue then the
City's compensation policy needs to be modified.
Mayor Zerby suggested that be discussed during the January 29, 2015, Council and staff retreat. The rest
of Council agreed with that.
Motion passed 5/0.
G. Consideration of Nominations to the Minnehaha Creels Watershed District Board —
Mayor Zerby Discussion
Mayor Zerby explained that the Hennepin County Board of Commissioners will appoint two people to the
Minnehaha Creek Watershed District (MCWD) Board in 2015. There is a 60 -day window for cities or
mayors to make a list of names for the County Board to reach out to. Those individuals would have to go
through an application process. He has spoken with a few members of the community about this
opportunity. He provided Council with the names of the following individuals he has heard suggested for
Council to consider suggesting to the County Board — Tom Geng, Woody Love, Kris Sundberg and
Debbie Siakel. He asked Council to authorize sending a letter to the County Board suggesting those
individuals be considered for vetting.
Councilmember Siakel noted that if there are a few people to suggest she prefers that she not be included
on that list.
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December 8, 2014
Page 15 of 16
Attorney Keane noted that if the City wants to suggest anyone it must suggest three individuals.
Councilmember Woodruff asked if the residents of Shorewood have been made aware of this opportunity.
Mayor Zerby explained the Hennepin County Board advertises for the position and it is open to all
residents in the hydrological district. Zerby stated he is open to advertising for the opportunity. He noted
when recommendations come from a City in the MCWD jurisdiction that carries more weight. He
clarified it does not stop anyone from applying nor does it stop any member of Council from writing a
personal letter of recommendation for someone else.
Zerby moved, Siakel seconded, authorizing a letter be sent to the Hennepin County Board of
Commissioners recommending that 'Thomas Geng, Woody Love and Kristine Sundberg be
considered for vetting to become a member of the Minnehaha Creek Watershed District Hoard.
Councilmember Sundberg stated she would be interested in doing that. The MCWD is a very important
Watershed. It has done excellent work in the past and she would like to see it continue. She thanked
someone for bringing her name forward. She encouraged Council to be open to other individuals who
may want to be considered.
Councilmember Woodruff asked what the timeline is for the County Board to make a selection. Attorney
Keane stated he thought the term of office starts March 1, 2015, and the appointment is customarily made
in February.
Motion passed 4/1 with Woodruff dissenting.
11. OLD BUSINESS
1 ! !'
A. Administrator and Staff
1. Trail Schedule
Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule.
Engineer Hornby noted that it has not changed since the last time.
2. Report on 2014 Deer Management Program
Director Nielsen stated he had intended to forward a copy of a map showing which sites deer were
harvested from this season. He did not have the background material for that and he will provide it to
Council for its first meeting in January 2015.
3. Report on Southshore Center Response
Administrator Joynes explained the meeting packet contains copies of letters received from the
Deephaven, Greenwood and Tonka Bay City Council's in response to the request letter from the
Shorewood Council regarding financial participation with the Southshore Community Center (SSCC).
The three responses were different. They all conveyed their Cities do not want to participate financially;
at least in operations and capital improvements. The Excelsior City Council has not responded. He and
Attorney Keane would like Council to consider having an executive session to review the City's legal
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 8, 2014
Page 16 of 16
options and to provide Council with a proposed action plan. He asked if the session should be scheduled
before or after the first of the year.
Councilmember Siakel suggested scheduling an executive session prior to the January 12 or January 26,
2015, Council meetings.
Administrator Joynes suggested scheduling a short executive session for after the January 12 meeting
because Councilmember elect Labadie will be sworn in that evening.
There was Council consensus to schedule a short executive session for after the January 12 meeting.
Director DeJong noted that because Council is not scheduled to meet again until January 12, 2015, staff
will pay bills at the end of December per the City's policy. Administrator Joynes will authorize the
payment of the bills. Those verifieds will be provided to Council in its January 12 meeting packet.
B. Mayor and City Council
Councilmember Hotvet again thanked Council and staff.
Councilmember Sundberg stated she and Mayor Zerby stopped by the annual meeting of the Riley
Purgatory Bluff Creek Watershed District. (RPBCWD) last week. She noted that she was not able to stay
for the presentations. She stated she thought that Watershed really turned itself around and is now doing
very good work. She stated she had the opportunity to express her thanks.
Mayor Zerby stated he thought the presentations were good. He learned a lot about carp removal. He
noted there was discussion about the aquatic invasive species prevention efforts at Christmas Lake.
People are looking at the techniques being used and there was a presentation by representatives from the
Minnehaha Creek Watershed District.
t � 1 i1iT: ►1
Hotvet moved, Siakel seconded, Adjourning the City Council Regular Meeting of December 8,
2014, at 8:56 P.M. Motion passed 5/0.