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01-12-15 CC Reg Mtg Min CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 12, 2015 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 6:22 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Siakel, Sundberg, and Woodruff; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, December 8, 2014 Woodruff moved, Siakel seconded, Approving the City Council Executive Session Minutes of December 8, 2014, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, December 8, 2014 Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of December 8, 2014, as presented. Motion passed 4/0. 3. ADJOURN TO CALL TO ORDER Mayor Zerby adjourned this portion of the meeting at 6:24 P.M. 4. CALL TO ORDER A. Oath of Office and Seating of the Council Administrator Joynes administered the Oath of Office to newly elected Mayor Scott Zerby, Councilmember Jennifer Labadie and Councilmember Debbie Siakel. Mayor Zerby called the meeting to order at 6:27 P.M. B. Roll Call CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 2 of 17 Present: Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg and Woodruff; Attorney Keane; City Administrator Joynes; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. C. Review Agenda There was consensus to approve the remainder of the agenda as presented. 5. RECESS TO RECEPTION FOR NEWLY ELECTED OFFICIALS Mayor Zerby recessed the meeting at 6:28 P.M. 6. RECONVENE REGULAR CITY COUNCIL MEETING Mayor Zerby reconvened the Regular City Council meeting at 7:00 P.M. 7. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 15-001, “A Resolution Setting the 2015 Regular Council Meeting Schedule for the City of Shorewood.” C. Travel Policy for Elected Officials D. Setting May 4 for the 2015 Open Book Meeting E. Accepting a Donation from Clarence Clofer Auxiliary Unit 259 Motion passed 5/0. 8. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 9. PUBLIC HEARING A. Proposed Improvements for Star Lane and Star Circle, City Project 14-11 Mayor Zerby opened the Public Hearing at 7:02 P.M. Engineer Hornby noted that this item relates to Item 13.C on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 3 of 17 Engineer Hornby explained this project as currently proposed includes the total reconstruction of Star Land and Star Circle with concrete curb and gutter, watermain extension and storm sewer improvements. The project location is north of Smithtown Road between Christopher Road and to the east of Fairway Drive. The roadways would be constructed to 28 feet wide measured back-of-curb to back-of-curb. Storm sewer will be installed to improve drainage. The City has received complaints about standing water, particularly at the intersection of Star Lane and Star Circle, but other areas as well. That standing water accelerated the deterioration of the roadways. Some inflow and infiltration (I&I) mitigation work will be done on the sanitary sewer system. It appears some improvements were made between 2007 and 2010. Watermain extension is being proposed from an existing stub at Smithtown Road under Star Lane and Star Circle. The 8-inch watermain would be extended to serve 13 properties in the project area that are currently served by private wells. Two properties in the project area adjacent to Smithtown Road already have water service available. New one-inch services would be installed to the right-of-way (ROW). Property owners would be responsible to connect to the system from their home to ROW. The total estimated project cost is $1,056,800. Of that $646,800 is for surface improvements; $50,800 is for sanitary sewer improvements; $178,400 is for watermain improvements; and, $180,800 is for storm sewer improvements. The surface improvements would be funded out of the Street Reconstruction Fund, the sanitary sewer improvements would be funded out of the Sanitary Sewer Fund; storm sewer improvements would be funded out of the Stormwater Management Fund; and the watermain extension would be 100 percent funded through assessments to the 13 benefitting parcels. The preliminary assessment estimate for each of the 13 properties is $13,723. Property owners of the fifteen properties in the project area were surveyed twice. The City sent a notice of Survey Monkey to the property owners. There were five responders; four of them wanted to know the assessment cost and one was not in favor of that. A resident mailer was then sent out and included a postage stamped return envelope and they were asked to complete a survey. Property owners were made aware that no response might be taken as being in favor of the project. There were seven responders; each wanted to know the assessment cost. The City received two comment cards from the handful of people who attended the resident meeting. The City had a neighborhood open house on December 4, 2014. Council received and accepted the Feasibility Report for the project and set the public hearing for tonight on December 8. Council will be asked to consider adopting one of two resolutions to order the project under Item 13.C on the agenda. One includes watermain extension as part of the project and the other does not. The intent is to complete the major part of the project by late summer or early fall of 2015. There will be an assessment hearing in September and the assessments will be certified to Hennepin County in November. Wear course and minor restoration items will likely be carried over into 2016. Hornby noted the next step in the process is for Council to adopt a resolution ordering the improvements and authorizing the preparation of plans and specifications under Item 13.C. Mayor Zerby explained that the City’s policy is to not assess for roadways and that is somewhat unique in the area. The cost of roadway improvements is borne by all Shorewood taxpayers. Many cities do assess for at least some portion of roadway reconstruction. The City’s policy is not to force water on any property owner but to ask them if they would like watermain extended when roadways are completely CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 4 of 17 reconstructed. That process involves removing the roadway surface, removing/replacing any bad soils, improving the foundation and then putting down the new roadway surface. That is the most cost efficient time to install watermain. That opportunity only comes every 30 – 50 years. It is Council’s responsibility to ask residents if they would like watermain extended at that time. He clarified that watermain extension is not necessarily a direct choice for property owners. Council has to take into consideration future owners of the properties in the project area. He stated from his perspective the City would like more users on its water system because it lowers the cost of infrastructure and ongoing maintenance of it. Zerby asked those who wish to speak to keep their comments to five minutes or less and to not repeat what has previously been said. Engineer Hornby reiterated the next step in this process is to order the improvements and authorize the preparation of plans and specifications. Councilmember Woodruff stated in April 2015 Council will be asked to approve plans; at that time Council can decide if it wants to authorize the advertisement for bids. At that time it can decide if it wants to solicit more input from the property owners. Engineer Hornby explained that once the final design work is complete there will be a better engineer’s estimate of what the watermain extension will cost and what the per property assessment will be. Mayor Zerby opened the Public Testimony portion of the Public Hearing at 7:12 P.M. Alan Vanderlinde, 5625 Star Lane, stated he had tried to find out what the average quarterly water utility bill is for City residents. He asked if anyone has that information. Director DeJong stated based on the most recent billing for the 1,336 connections in the City the average water usage is just less than 14,000 gallons per quarter per connection. That likely includes a few people that go south for the winter and that usage would likely be higher during the spring and summer months when there is more outdoor water usage. Mr. Vanderlinde asked for that to be converted to dollars and cents and noted that Engineer Hornby had provided him with the rates per gallon. Hornby stated he provided Mr. Vanderlinde with an example based on 27,000 gallons which is the amount that is used in permitting. Mr. Vanderlinde stated he had his well put in 24 years ago. He walked through the costs he incurred for doing that and how he calculated the costs for electricity to run his pump. Based on his calculations it has cost him $13.64 per month over the last 24 years for water. Director DeJong noted that the quarterly cost for City water at a consumption rate of 14,000 gallons per quarter is $44. Mayor Zerby noted that the City’s wells are inspected and tested annually. Most private wells are not tested annually. He explained that City water is not any softer than private well water. The City water does come from a deeper aquafer. It is certified as safe. He stated some residents in his neighborhood have found arsenic in their well water. He encouraged property owners served by private wells to have their water tested periodically. Mr. Vanderlinde stated that had been brought up and so he had his water tested; it is fine. He then stated that some people say being served municipal water improves the value of a property. Two properties in his neighborhood sold in what he thought was record time. He noted that he does not see the return on being served by municipal water. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 5 of 17 Mathew Tift, 5695 Star Lane, noted that his water bills are considerably more than Mr. Vanderlinde’s. He noted that when this was last considered in 2010 he supported extending watermain. He stated he had to replace his well two years ago for an approximate cost of $9,000. Yet, he continues to support watermain extension. He asked why watermain extension did not get done the last time it was considered and if it is seriously being considered again. Engineer Hornby explained that he has been told that there was quite a bit of opposition to the project in general the last time; both the roadway reconstruction and the extension of watermain. The roadways have come up again on the Capital Improvement Program (CIP) because of their deteriorated state. The roadways are rated annually and these two roadways are now classified as needing to be reconstructed. Director Brown stated there has been a shift in some residents’ attitudes west of Country Club Road. East of Country Club Road many of the areas are served by City water because that is how they were developed. When he first started with the City a number of people who lived to the west of Country Club Road who grew up with well water felt that having municipal water was not worth the expense. There has started to be a shift in demographics to the west and some people have moved in who had grown up with municipal water and want that amenity. He noted that it failed the last time because many of the property owners had lived there a long time and thought that well water was just fine. Mr. Tift asked if the survey nonresponses are be considered as being in favor of the extension. Councilmember Woodruff explained there are two components to this project (the same as the last time); one is the roadway reconstruction and the other is watermain extension. Last time a number of the residents in that area did not think the two roadways were in poor enough condition to reconstruct them. They thought patching them would be sufficient because of the low traffic volume. Watermain extension was not feasible if the roadways were not reconstructed. At that time there were a lot of property owners who were also not favor of watermain extension. It is his recollection that Council had told residents the project would be revisited in a few years. Milan Folkers, 5665 Star Circle, stated he has lived in his house since 1985. He noted this is his third attempt for water. He stated from his perspective it is not a matter of if watermain gets extended it is a matter of when. He then stated it is his recollection that the first time this was considered the assessment would have been $5,000 and then there would be a $3,000 connection fee. The second time the assessment would have been $10,000 and the connection fee would have been $8.000. This time it is more yet. He encouraged the City to move forward with watermain extension. In response to a question from Mr. Folkers, Mayor Zerby explained that the City will install a stub at the ROW and it is up to the property owner to pay to extend a connection to their house. Councilmember Woodruff noted the City does not require a property owner to hook up to City water. Mr. Vanderlinde asked if the property owner has a say on which side of the property the stub will be installed in front of. Engineer Hornby stated the first thing that is done is to find out which side of the house the well is on because that is often where service goes into the house and each property owner is asked which side they would like it on. Mr. Vanderlinde then asked if the existing line into the house can be used. Hornby explained some of the lines going to the house may be smaller. For a modern house generally a one inch line is run into the house. Mr. Vanderlinde stated if there is a one inch line then the sidewalk and landscaping would not have to be taken up. Hornby stated today there are trenchless ways of doing things that would not require disturbing lots of landscaping. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 6 of 17 Patricia Hauser, 5805 Minnetonka Drive, stated they have a well and the water does have arsenic in it. They do have water service available to them but they have chosen not to hook up to municipal water. She hopes they will continue to have that choice. She then stated they have friends who live along Strawberry Lane that have arsenic in their well water. She also stated it is nice that other property owners may also get the choice she has. Mayor Zerby closed the Public Testimony portion of the Public Hearing and the Public Hearing itself at 7:30 P.M. Discussion moved to Item 13.C on the agenda. B. Vacate Utility Easements Applicant: Bennett and Sharon Morgan Location: 5580 Woodside Lane This was discussed after Item 13.C on the agenda. Mayor Zerby opened the Public Hearing at 7:43 P.M. Director Nielsen explained that in the summer of 2014 Council approved the vacation of an existing easement on the property owned by the Morgans located at 5580 Woodside Lane. The Morgans had discovered that the sewer line had been constructed in the 1970s outside of the described easement. A property owner to the north initially agreed to the vacation but later decided it was not in his best interest to approve that. The Morgans’ builder has relocated the line and they have requested that the old easement be vacated and a new easement be granted where the new sewer line is. The originally adopted vacation resolution has been amended and is included in the meeting packet. He noted that staff recommends approval of the vacation. Seeing no one present to comment on the case, Mayor Zerby opened and closed the Public Testimony portion of the Public Hearing at 7:45 P.M. In response to a question from Councilmember Labadie, Director Nielsen explained the property owner to the north who agreed with the original vacation later realized that what was a City-owned sewer line would become his personal sewer line and he would have much more sewer line to maintain. What is now being proposed will not impact that property owner at all. Siakel moved, Sundberg seconded, Adopting RESOLUTION NO. 15-002, “A Resolution Amending Resolution No. 14-064 Vacating Certain Drainage and Utility Easement.” Motion passed 5/0. Mayor Zerby closed the Public Hearing at 7:47 P.M. 10. REPORTS AND PRESENTATIONS A. Report from Patricia Hauser, Humming for Bees, for a Pollinator Event Patricia Hauser, with Humming for Bees, noted she was present to present Humming for Bees’ idea about having a 2015 West Metro Pollinator Party. The highlights of her presentation are as follows. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 7 of 17 Bees are important because they exist, they are part of the balance of nature, and their pollinating  services give beautiful flowers, food variety and food security. Shorewood was the first city in the State of Minnesota to pass bee-safe policies and procedures.  Shorewood banned the use of systemic pesticides including neonicotinoids. The systemic  pesticides cause the entire plant to become infected (the roots, the stem, the leaves and the nectar). Shorewood agreed to plant bee-favored flowers. Representatives from Humming for Bees planted  clover on a couple of public sites in Shorewood. Shorewood educated its residents about bees and other pollinators. Since last February the City  published eight bee-related articles in its newsletter. A pollinator party is another way to educate people on the importance of bees and other  pollinators. It is also fun. She displayed a number of pictures of exhibits at the pollinator party some members from  Humming for Bees attended in 2014 in the City of Minneapolis and described what they were. The concept of the pollinator party is: to have it in a park setting; to have it from 5:00 P.M. – 8:00  P.M. on a weekday (Tuesday – Thursday) during July; to have various teaching stations; to have music, prizes and food; and to have lots of fun learning. Humming for Bees would like Shorewood to become a sponsor. People could help with the  planning. The City could help by advertising on its website and/or newsletter. The City could donate money, person power or space. If it was a sponsor it would be named as a sponsor on the Humming for Bees website. Ms. Hauser noted Humming for Bees hopes Shorewood becomes a sponsor. Ms. Hauser stated representatives from Humming for Bees made a short presentation during the Excelsior City Council meeting on January 5, 2015. That Council expressed interested in helping with advertising on Excelsior’s website and in its newsletter. Ms. Hauser then stated she had met with the Shorewood Communication/Recycling Coordinator and the Park & Recreation Coordinator the previous week regarding the parks in Shorewood. They all agreed the parks in Shorewood are not easy to find or well known. The Commons in Excelsior is. That is why Excelsior was approached. If it does not work out to use the Commons then one of the Shorewood parks, such as Badger Park, could be used. Councilmember Sundberg stated because Shorewood was the first city in the State of Minnesota to pass bee-safe policies and procedures she thought it was prudent to do something very interesting. She commented that she thought the Commons would be the better location for the event if the main purpose is to educate people. She asked if Humming for Bees could attract enough participants to make the pollinator party interesting. Ms. Hauser responded yes because the decline of pollinator bees is a serious problem. She stated she thought other cities would take action similar to Shorewood’s. She noted that some members of Humming for Bees belong to an organization called Minnesota Pollinators so they have a lot of connections. The Minnesota Landscape Arboretum is getting ready to open a bee center and maybe it would like to participate. She thought more people would want to participate than not. Councilmember Sundberg asked when people will know about the availability of the Commons. Ms. Hauser stated the information was left off at Excelsior City Hall earlier in the day. Humming for Bees asked Excelsior to consider waiving its rental fee because the group is a small, educational group. And, if CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 8 of 17 it can’t drop it entirely maybe reduce it to $30 which is what the Minnetonka School District pays for events it holds there. Councilmember Siakel stated Ms. Hauser’s tenacity, organization and passion for this makes her smile. She then stated what she hears Ms. Hauser say is if the Commons is not available then she would like Shorewood to make Badger Park and the Southshore Community Center available. She asked if City staff has been asked about the availability of those facilities. And if not, she encouraged them to do so as at least a back up site. Councilmember Woodruff expressed his support for doing something. Councilmember Labadie noted her preference is to hold the pollinator party in Shorewood. But, if it were to be held at the Commons then maybe having the event at a time when a children’s band is performing at the Commons may be good idea. That might draw more people to the party. Mayor Zerby stated he supports doing this and would like the City to possibly make a financial donation once more of the specifics about cost are known. He encouraged Ms. Hauser to reach out to the Lake Minnetonka Communications Commission (LMCC); he thought it would be an event the LMCC would like to video record and broadcast. That would be another way to further educate the public about the issue. Councilmember Sundberg stated she would like Shorewood to have display boards at the event about what has been happening in the City. 11. PARKS A. Report on the December 9, 2014 Park Commission Meeting Park Commissioner Sawtell reported on matters considered and actions taken at the December 9, 2015, Park Commission meeting (as detailed in the minutes of that meeting). B. Amendment to City Code for Park Dedication Fees Director Nielsen explained that during its December 9, 2014, meeting the Park Commission unanimously recommended an increase in the flat fee for park dedication fees. The City has the authority to require park dedication fees when a small property is developed or subdivided (three or fewer lots) to cover the cost of acquisition and development of the Park System. The City has not increased that flat fee for about six years. An increase from $5,000 to $6,500 is being recommended. That would put Shorewood’s fee on the high side of average. No change is proposed for the percentage of land that is required for larger development projects or cash in lieu of land. That land dedication amount will remain at 8 percent. The meeting packet contains a copy of an ordinance to that effect. Councilmember Siakel stated she can support an increase but she questioned the need for a 30 percent increase. Attorney Keane explained the Minnesota Supreme Court has addressed the issue of park dedication fees numerous times over many, many years. The Court concluded that a land dedication percentage of 10 percent is not unreasonable and that has been upheld. The City’s land dedication percentage of 8 percent is below market. The $5,000 flat fee per lot is also below what other developing communities are doing. What appears to be a 30 percent jump is from a base substantially below market to bring Shorewood’s fee CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 9 of 17 to roughly the median of what other communities are doing. The size of the increase is in large part because it has not been increased for a very long time. Director Nielsen stated it is prudent to reevaluate the flat fee every couple of years. Attorney Keane stated at $6,500 and if the land / cash dedication benchmark percentage were 10 percent that would put the value of an acre of land at $65,000. Land values are substantially higher than that in this community. The increase is quite defensible. Mayor Zerby asked if it would be simpler to go with a percentage rather than a flat fee so it does not have to be revisited every couple of years. Director Nielsen responded no. Nielsen explained a percentage is typically used on a development basis because the percentage is based on the raw land before any improvements have been made. The City has more minor subdivisions of two or three lots. In those instances the raw value is deceiving because there are streets in front of the property and the utilities have been put in. That makes it difficult to determine the raw market value of the land and the 8 percent is based on that value. With large developments the developer is putting in the improvements. It is simpler to go with a flat fee for minor subdivisions. Woodruff moved, Sundberg seconded, Adopting ORDINANCE NO. 518 “An Ordinance Titled License, Permit, Service Charges and Miscellaneous Fees” changing the flat rate park dedication fee to $6,500. Motion passed 5/0. 12. PLANNING A. Report on the January 6, 2015 Planning Commission Meeting Planning Commissioner Maddy reported on matters considered and actions taken at the January 6, 2015, Planning Commission meeting (as detailed in the minutes of that meeting). 13. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Plow Equipment Skid Steer Director Brown explained the purchase of the plow and snow kit for the City’s skid steer is a routine purchase. Staff had intended to buy both from one vendor until it found out that it was cheaper to purchase the snow kit from Westside Tire. The plow will be purchased from Titan Equipment. The total purchase price for both items will be $6,481. There is $7,500 programed into the Capital Equipment Program for this purchase. Sundberg moved Siakel seconded, authorizing the purchase of a plow blade and snow kit for the City’s skid steer for an amount not to exceed $6,481. Motion passed 5/0. B. Consulting Engineer Services 2015 Rate Proposal Administrator Joynes explained the City received a letter from WSB & Associates Vice President Municipal Services Joe Kennedy asking the City to consider a 2.66 percent rate increase for 2015 for engineering services. WSB is having difficulty finding skilled helped in the vastly increased, intense construction climate. He noted he thought the 2.66 percent increase is reasonable and appears to be accepted by other communities that are served by WSB. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 10 of 17 Engineer Hornby clarified that the increase does not impact WSB’s current retainer fee of $4,000 per month; it remains the same. Councilmember Woodruff asked if there was an increase for 2014. Engineer Hornby stated he did not think so. Woodruff commented if there had been he would have had a small problem with the amount of the increase. Siakel moved, Labadie seconded, approving the consulting engineer services 2015 rate schedule as proposed. Motion passed 5.0. Discussion moved to Item 14.A on the agenda. C. Authorize Preparation of Plans and Specifications for Star Lane and Star Circle, City Project 14-11 This was discussed after Item 9.A on the agenda. Councilmember Woodruff stated he did not think the City had conducted a valid survey because some of the questions did not solicit hard yes/no answers. Even if hard yes/no questions had been asked the assessment estimate was not known. He suggested the City do another survey with very carefully worded questions and let people know the current assessment estimate. He stated he is not comfortable that property owners did not have an idea of what the assessment would be when they responded to the survey. Councilmember Siakel noted this project came before the property owners five years ago and based on their feedback the then Council decided not to move forward with it. She stated from her perspective the City needs to move forward with watermain extension as part of this project. She noted she is not in favor of continuing to reconstruct roads without extending watermain when it does not exist. She stated she thought it prudent to take a stance and extend watermain. She then stated she thought the assessment amount would not be significantly more after bid amounts are known. She questioned if doing another survey will influence Council’s decision about extending watermain. Engineer Hornby stated with 15 properties in the area the best return of surveys was seven. And that was for the second solicitation of feedback from property owners and it included a stamped envelope to return their feedback. Only five owners responded to the Survey Monkey survey. He explained the questions did not specifically ask if property owners wanted access to the City’s water system intentionally. Doing that does not give them a number to choose from. He noted that he cannot make people respond to a survey and he does not know if the response would be any better for another survey. He expressed his disappointment at the limited responders to the last few surveys independent of if they are for or against something. Councilmember Siakel stated that property owner Mr. Milan Folkers noted that this is the third time watermain extension has been considered for the Star Lane and Star Circle area and each time the cost to do so has increased substantially. She noted that she has a well and when she has the opportunity to connect to the City’s water system she will do so because she thought there would be value in doing so. In response to Mr. Alan Vanderlinde’s comments she stated she is amazed his well has lasted 24 years. She has had a lot of work done to her well. She noted that she does not favor doing another survey. She also noted she supports extending water main as part of the Star Lane and Star Circle reconstruction project as presented by staff. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 11 of 17 Councilmember Labadie noted she agrees with Councilmember Siakel. She stated she also does not think doing another survey would be of value. The responses and responders would likely be the same. She noted she supports moving forward with watermain extension. Councilmember Sundberg stated out of the seven responders there was one definite no and one maybe depending on the cost. The rest of the responders were a very clear yes from her vantage point. She thought the majority in the neighborhood want access to the City’s water system. She noted that she supports moving forward with the watermain extension. Councilmember Woodruff stated that based on the Survey Monkey results four of the five responders wanted to know what their assessment would be to extend watermain. And, all resident mailer responders wanted to know that also. From his perspective the responders did not say yes or know because they did not have enough information. He clarified that his reason for doing another survey is not to solicit more input; it is to give the property owners in the project area more facts and allow them to respond to the facts. He does not want the property owners to later complain that they did not know the cost. He questioned how Councilmember Sundberg arrived at her numbers. In response to a question from Councilmember Labadie, Engineer Hornby explained that there would still be an opportunity to revisit including watermain at the time Council decides to award the bid. He then explained that Council accepted the Feasibility Report and that is a public document. This evening’s public hearing was advertised. The property owners were noticed. That information included the assessment estimate. Hornby noted that some property owners have chosen not to participate in the public process. Mayor Zerby noted that at this step in the process he is comfortable with including watermain extension as part of the project. He stated there will be another opportunity to revisit watermain extension after bids are received. He then stated it has been the City’s policy to listen to residents. But deciding on watermain extension is not a democratic process. It is up to Council to make that decision. He noted that he thought extending watermain is the responsible thing to do. He also noted he is hearing more support for this project than there has been for other watermain extension projects. Councilmember Sundberg clarified that one survey responder indicated yes if it was affordable and one was maybe depending on the cost. There was one definitive no. She stated she thought the cost is affordable. She noted her support to move forward with watermain extension at this time. Councilmember Woodruff clarified that he supports including watermain extension in the final design that goes out for bids. He stated he wants to ensure property owners know the cost and have another opportunity to convey their perspective on watermain extension. He noted that he thought the property owners were generally in favor of that. He stated he does not want to have property owners in a future meeting say that the City forced the watermain extension on them without them knowing the cost. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 15-003, “A Resolution Ordering the Project and Authorizing the Preparation of Plans and Specifications for Star Lane and Star Circle Improvements Including the Extension of Watermain, City Project No. 14-11.” Motion passed 5/0. Discussion returned to Item 9.B on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 12 of 17 14. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for 2015 Mayor Zerby identified seven appointments he would like to change for 2015 when compared to 2014. There was Council consensus to accept those changes. Zerby moved, Woodruff seconded, adopting RESOLUTION NO. 15-004, “Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2015.” 1. The following persons are appointed to the following offices and positions: a) Acting Mayor: Debbie Siakel Council Representatives to: b) Park Commission Liaison: January – June 2015: Kristine Sundberg July – December 2015: Debbie Siakel c) Planning Commission Liaison: January – June 2015: Jennifer Labadie July – December 2015: Dick Woodruff d) Metro Cities (AMM) and League of Minnesota Cities (LMC): Dick Woodruff e) Alternate Metro Cities (AMM & LMC): City Administrator f) Lake Minnetonka Communications Commission: Scott Zerby g) Alternate Lake Minnetonka Communications Commission: Debbie Siakel h) Minnetonka Family Collaborative Council: Jennifer Labadie i) Coordinating Committee South Lake Minnetonka Police Department: Mayor j) Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Jennifer Labadie k) Excelsior Fire District Board Member: Debbie Siakel l) Alternate Excelsior Fire District Board Member: Dick Woodruff m) Investment Committee: None n) Personnel Committee: Debbie Siakel and Dick Woodruff o) Weed Inspector: Mayor p) Assistant Weed Inspector: Joe Lugowski 2. That the following other appointments are made: a) City Attorney: Timothy J. Keane, Kutak Rock LLP b) City Prosecutor: Ken Potts c) Emergency Preparedness Director: Per Police Board Decision 3. Official Depositories: Beacon Bank, 4M Fund & other Depositories as necessary 4. Official Newspaper: Sun Sailor. Notices may also be published in the Laker. 5. That the Blanket Bond (Official Bonds) is approved. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 13 of 17 B. Deer Management Plan 2014 Summary Report Director Nielsen explained that during the 2014 Deer Management Program a total of 18 deer were harvested over four weekends. The count was down substantially when compared to previous years. The February 2014 aerial survey showed there were fewer dear in the City. The most of the deer were harvested on the Minnetonka Country Club property. Last year it was from sites 8 and 9. He noted that Three Rivers Park District is waiting for a little more snow to do the aerial survey this year. C. Selection of Auditor Firm Administrator Joynes explained the Auditor Selection Committee interviewed four firms that submitted Audit Proposals for Fiscal Years 2014, 2015 and 2016 on January 7, 2015. The Committee decided two firms should be considered by the full Council. The firms are: Abdo, Eick and Meyers (the City’s current auditing firm) and Clifton Larson Allen. The Committee thought both firms could provide the services the City needs. Over the three-year contract period the cost for services from Abdo, Eick and Meyers would be about $14,000 more. Council needs to decide if the cost difference is enough to quit using the firm the City has used for over 20 years. Councilmember Woodruff stated the reason the City put out requests for proposals (RFPs) is it had not done so for six years. He then stated that he and Mayor Zerby were the two Council representatives who interviewed the four firms. He noted that he has no issue with the work Abdo, Eick and Meyers has provided to the City. He stated the question before Council is if the $14,000 price premium is worth the comfort of working with a firm that knows how the City operates. Mayor Zerby commented that the interview process took four hours. He stated he agrees both firms were well qualified. He noted that he does not think there is a reason to change firms; Abdo, Eick and Meyers has served the City well. It is very familiar with the City, the City’s practices and City staff. He does not think this is an area where a decision should be expense driven. Councilmember Siakel stated the $14,000 price difference over a three-year period is a nominal expense. She noted that Abdo, Eick and Meyers is the same firm that is used by the Excelsior Fire District and the Excelsior Firefighters Relief Association. She also noted she supports staying with the current firm. Councilmember Sundberg stated she can support staying with Abdo, Eick and Meyers and noted that Clifton Larson Allen is also well regarded. Councilmember Labadie stated that although she thinks $14,000 is a lot of money she does not think that being spread out over three years is enough reason to drop Abdo, Eick and Meyers knowing how familiar they are with the City. Siakel moved, Woodruff seconded, selecting Abdo, Eick and Meyers to provide audit services for Fiscal Years 2014, 2015 and 2016. Motion passed 5/0. D. Planning Consulting Services Administrator Joynes explained that Mayor Zerby, Councilmember Sundberg, Attorney Keane and Director Nielsen interviewed two firms, HKgi/SRF and Stantec Consulting Services, Inc., for consideration in providing planning consulting services for the Minnetonka Country Club (MCC) residential development project and the environment around it. Both firms are extremely qualified and well thought of in the Twin Cities area. The four interviewers have unanimously recommended moving CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 14 of 17 forward with Stantec and Senior Principal John Shardlow to provide those services for a fee of $79,445. Stantec’s bid was significantly higher than the other firms. The component in the proposal dealing with a possible EAW (Environmental Assessment Worksheet) and communications activities were eliminated and that reduced the cost. Mr. Shardlow brings a wealth of experience in this area and he had used him on a number of major contentious land use issues. Councilmember Sundberg stated she thought both firms were good. She then stated that Mr. Shardlow convinced her that he could manage a difficult process and this project could turn into a difficult process. She thought he could manage it from the citizen point of view and the developer point of view. She noted she has heard nothing but rave reviews about Mr. Shardlow and good reviews about the other firm as well. Councilmember Woodruff stated he would be okay with Stantec. He asked what items in the proposal will not be done if Stantec is selected to do the work. Administrator Joynes explained the EAW work was removed and the cost for that ranged from $15,000 to $30,000 and the website communications services component (basically maintaining a website) at a cost of $7,000 was removed. Joynes stated there are different ways an EAW could be done and one may not be needed. Attorney Keane it could be done by the developer’s consultant and then reviewed by the City’s. Woodruff noted that the City of Orono had to do an EAW for one of its golf course redevelopment projects. Councilmember Labadie stated the Planning Commission wants to meet with the consultant at least a few times throughout the project. Attorney Keane noted the proposal suggests a range of meetings and he stated he thought there is enough give in the schedule to make that doable. Director Nielsen noted that the Planning Commission has asked to meet with the consultant about the preapplication stage of the Comprehensive Plan amendment and that cost could be covered through that application process. Labadie noted that the Commissioners are very serious about looking at every angle of the project. Councilmember Sundberg noted that the proposal specifically talks about the role of the Planning Commission. Councilmember Woodruff concurred. Administrator Joynes noted that he and Attorney Keane are in the process of writing an agreement for the developer that would reimburse the City for the majority of its costs associated with the project including the majority of the consultant’s costs. Joynes noted that this is a very fluid process. He stated the outline the consultant put down for the meeting schedule is subject to revision. There is an urgency to start meeting sooner than anticipated because of some recent and upcoming events. He noted that the proposal is a form that Mr. Shardlow had. Yet, it is well understood that things will change as the work moves forward. There is flexibility in having more meetings and doing more work. Councilmember Siakel expressed her appreciation for people taking the time to interview the firms. Siakel moved, Woodruff seconded, authorizing the hiring of Stantec Consultant Services Inc. and Senior Principal John Shardlow to provide planning consulting services for the upcoming Minnetonka Country Club residential development project for an amount not to exceed $79,500. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 15 of 17 E. Alternate Energy Project Work Plan Engineer Hornby explained that during its December 8, 2014, meeting Council directed staff to work with the CR Planning/Orange Environmental team and prepare a work plan summary for the for the renewable energy alternatives study. There was not a clear understanding if Council wanted to do only what was covered by the base fee of $18,482 or also purchase some of the optional services identified. The meeting packet contains a copy of a work plan summary and it indicates that the first task for CR Planning is to prepare a work plan summary and define the scope of the study. The proposal has identified about $4,000 of in-kind services and those services are included in the base fee. The optional additional tasks would cost $7,900 bringing the total cost to $26,382. The City can wait on the optional services or address them as they came up in the study. Or they could be approved at this time. The packet includes a description of each of the tasks and associated options. He noted staff is seeking Council direction. Councilmember Sundberg stated the City is having this study done once. Therefore, she would like to move forward with Option 1 and Option 2 for Task 2 City Facility Energy Analysis. She wants the study to be complete. She noted that greenhouse gases and carbon emissions are a growing concern. Councilmember Woodruff concurred. Councilmember Woodruff stated he has concern about doing Task 3 Assess Private Sector (Residential and Commercial) Renewable Energy Options. He thought it would be interesting to read about the findings but he questioned what the City would do about it because it affects private property and private users. He clarified that he is not saying he will not vote in favor of what is being proposed if that Task is included. Engineer Hornby explained the purpose of Task 3 is to target some areas where the properties could be used in partnership with the property owner as a renewable energy source. Woodruff stated the proposal states “The team will assess the private sector (commercial / residential) energy use within the City including utility (electric and natural gas) usage by sector and measurements of non-utility energy use.” He interprets that to mean they will assess the use on private property. Hornby clarified he does not think they will physically inspect the property. Councilmember Sundberg stated there are many community energy programs being done and some of them do entail private properties. Sundberg stated she wants to leave that in and noted she is not sure they would find any good prospects. Sundberg moved, Siakel seconded, approving the renewable energy alternatives study work plan with the proposed tasks and optional services. Motion passed 5/0. Mayor Zerby recessed the meeting at 8:49 P.M. Mayor Zerby reconvened the meeting at 8:52 P.M. 15. OLD BUSINESS 16. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Engineer Hornby noted the meeting packet contains a copy of the Trail Schedule. 2. November 2014 Monthly Budget Report CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 16 of 17 Director DeJong noted the meeting packet contains a copy of the November 2014 Monthly Budget report. 3. January 29, 2015, Retreat Administrator Joynes explained that after extensive discussion amongst staff, with Attorney Keane and with Planning Consultant John Shardlow staff is recommending that the first two to three hours at the beginning of the January 29 Council and staff retreat be dedicated to discussing the Minnetonka Country Club (MCC) project in order to attempt to get everyone in sync. But, doing that will limit the discussion about other topics. He had provided a list seven other topics that could hopefully be discussed to some extent during the retreat. They were not listed in any order of priority. Those topics that are not time sensitive could be discussed during work sessions this coming spring. Other Director Brown stated there had been electrical issues at Cathcart Park and there had been a watermain break. He noted the Arctic Fever event will be held this weekend. Information about the schedule and location of events can be found on the City’s website. Mayor Zerby noted it is a multi-city event. Engineer Hornby reminded people that during the design phase of the Star Lane and Star Circle roadway improvements project there will be another open house to engage property owners again. Councilmember Woodruff asked about the status of discussions with the Minnehaha Creek Watershed District (MCWD) about Enchanted Lane. Director Brown explained the MCWD has a plan and site to do flood mitigation. He thought there will be a cooperative agreement between the MCWD, Shorewood, the City of Minnetrista and either the Minnesota Department of Transportation or Hennepin County. Engineer Hornby stated that Metropolitan Council Environmental Services (MCES) representatives have indicated that the soil investigation at the proposed Excelsior Boulevard trail retaining wall site has been completed. He noted that from this point on MCES wants the City to drive that project if it wants to continue with the proposed slope design. MCES is willing to include it as a change order in its project. The City can obtain a price from MCES’ contractor and if the City does not like the bid it can obtain a bid from other contractors. He noted that MCES is reaching the upper end of its finance limit and therefore it prefers the City provide the design service. He stated that will on the agenda for the next Council meeting or the one after that. Director DeJong stated that staff is doing year-end conversion activities and payroll related activities on the financial system that was installed in 2014. Utility bills will be mailed out this week. The credit card payment capability will be made available to residents at the end of this week. Director Nielsen noted there is a Park Commission meeting scheduled for January 13 and a Planning Commission meeting is scheduled for January 20. Administrator Joynes noted that the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee will meet on January 14 to interview two candidates for the SLMPD interim chief of police position. The SLMPD member City Administrators/Manager vetted a number of candidates and narrowed the selection down to two. After interviewing the candidates the Committee will open up a formal meeting and make a final selection. That individual should be on board by the end of January. That individual will start the process of conducting an organizational audit and assessing what qualities the SLMPD member cities want in the next chief. Both meetings are open meetings. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 12, 2015 Page 17 of 17 B. Mayor and City Council 17. ADJOURN Sundberg moved, Woodruff seconded, Adjourning the City Council Regular Meeting of January 12, 2015, at 9:01 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder VIN]"WW" erby, M4yw Jean Panchyshyn, City Clerk