02-9-15 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 9, 2015
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CLAMBERS
7.00 P.M.
Mayor Zerby called the meeting to order at 7.02 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadi.e, Siakel, and Sundberg; Attorney Keane; City
Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of
Public Works Brown; and City Engineer Hornby
Absent: Councilmember Woodruff
B. Review Agenda
Director Nielsen asked that Item 10.B Selection of Individuals for the Citizens Advisory Committee be
added to the agenda.
Labadie moved, Sundberg seconded, approving the agenda as amended. Motion passed 410.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, January 26, 2015
Sundberg moved, Siakel seconded, Approving the City Council Special Meeting Minutes of
January 26, 2015, as presented. Motion passed 410.
B. City Council Regular Meeting Minutes, January 26, 2015
Siakel moved, Labadic seconded, Approving the City Council Regular Meeting Minutes of January
26, 2015, as presented ". Motion passed 410.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Accepting a Donation of Drinking Glasses and Carafes
C. Adopting RESOLUTION NO. 15 -0121 "A Resolution Approving Change Order No.
I for Apple Road Ditch Restoration Project, City Project I1 -15."
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February 9, 2015
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D. Adopting RESOLUTION NO. 15-013, "A Resolution Accepting Improvements and
Authorizing Final Payment for Apple Road Ditch Restoration Project, City Project
11 -15."
E. Approve Change Order. No. 1 for Dump Trucks and Plow Equipment
Mayor Zerby explained Patricia Hauser, a resident, made a donation of four water carafes and a set of 12
drinking glasses to the City. She did so to save money by not purchasing bottled water, to help the planet
by not continuing to buy plastic containers, to keep employees healthy by having them use glass instead
of plastic, and to be a role model to other citizens. He thanked Ms. Hauser for her gift.
Motion passed 410.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
6. REPORTS AND PRESENTATIONS
7. PARKS
S. PLANNING
A. Report by Sue Davis on the February 3, 2015 Planning Commission Meeting
Planning Commissioner Davis reported on matters considered and actions taken at the February 3, 2015,
Planning Commission meeting (as detailed in the minutes of that meeting).
R. Request for Waiver of Engineering Fees for Sewer Relocation
Applicant: Kyle hunt and Partners, Inc. for Morgan
Location: 5580 Woodside Lane
Director Nielsen explained that during its January 26, 2015, meeting Council adopted a resolution
approving the vacation of a portion of the sanitary sewer easement on the property located at 5580
Woodside Lane. The City's sewer main had been constructed outside of the original easement and
interfered with building a new home for Bennett and Sharon Morgan. The Morgans agreed to move the
sewer main at their expense and create a new easement for the relocated sewer line. They spent. $33,600
to do that. On behalf of the Morgans, Kyle Hunt and Partners, Inc. has requested the City waive the City's
engineering fees (primarily inspection services) which amount to about $2,700. The City could have spent
more than that amount on. legal, surveying and engineering costs. Therefore, staff recommends approval
of the waiver of the fees.
Councilmember Siakel stated she thinks the request is reasonable. She asked if the City has ever done
something similar before. Director Nielsen stated that occasionally things are outside of the right -of -way.
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February 9, 2015
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Siakel moved, Sundberg seconded, waving the City's engineering fees for the relocation of the
City's sewer main for Kyle Hunt and Partners, Inc. on behalf of Bennett and Sharon Morgan, 5580
Woodside Lane. Motion passed in 4/0.
C. Pre - application. for Comprehensive Plan Amendment
Applicant: Mattamy I3omes
Location: 24575 Smithtown Road (Minnetonka Country Club property)
Director Nielsen explained that the developer for the Minnetonka Country Club (MCC) property
submitted a pre - application for a Comprehensive (Comp) Plan amendment before the City chose to hire a
planning consultant to study, in part, the land use for the MCC property and properties in the vicinity.
Staff and the Planning Commission discussed this and came to the conclusion that it is premature to deal
with the pre - application. The outcome of the planning study will somewhat become the pre - application
that will be considered later.
Mayor Zerby noted that the pre - application is informational only. He also noted that the MCC property
and the study were discussed during the recent Council and staff retreat.
9. ENGINEERING /PUBLIC WORDS
A. Approve Proposal for Professional Services for West Water Tower Rehabilitation
Project
Director Brown explained staff solicited proposals for the design, construction management and
construction observation services for the rehabilitation of the West Water Tower facility located on the
Minnewashta Elementary School property. Most municipalities do this type of project in the fall when
water consumption is lower. Shorewood has an interconnect with the City of Victoria and an ongoing
agreement with Victoria. Those have been needed in the past. The proposal for these services was
provided by KLM Engineering in the amount of $58,800. KLM specializes in this type of project. The
amount is 13 percent of the overall project cost and that is well below the industry standard of 1S — 20
percent. The project is slated to cost around $450,000. He noted that staff recommends Council accept the
proposal.
Councilmember Sundberg asked how many proposals the City received. Director Brown explained KLM
was the only firm invited to submit a proposal. The City uses KLM for these services for this type of
project. KLM specializes in this. The City could have found a firm that would be cheaper but he doubts
there quality would be near as good as KLM's.
Sundberg asked staff to explain what construction observation entails. Director Brown stated that involves
looking at the contractor's operations for things like containment (there needs to be a curtain around the
Water Tower), safety, and weld inspections. KLM is specialized in. paint coatings and paint technologies
and will monitor that. The majority of the cost of this project is preparation of paint surfaces and the
application of the layers of paint. There will be about four layers. Coating the surfaces is very technical in
nature.
Mayor Zerby noted the $58,800 price tag concerns him because nothing is being built to require design
services.
Councilmember Siakel asked if KLM was involved in the rehabilitation of the East Water Tower facility.
Director Brown responded yes.
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February 9, 2015
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Director Brown noted that KLM is known. nationwide. Water towers are its specialty.
Mayor Zerby stated this is about designing and supervising a project. The cost does not make sense to
him. Director Brown stated it is no different than a roadway project where WSB & Associates does
inspections of the work but it does not build anything. Brown then stated the City is making a sizeable
investment in the reconditioning of the West Water Tower and if all the details are not dealt with correctly
the expenditure may not bring the desired results. This type of project is possibly the most technical of the
projects the City does.
Councilmember Labadie asked how many firers perform a similar caliber work. Director Brown
responded that in the Midwest area there are probably five qualified firms.
Councilmember Sundberg clarified that the price does not concern her because of the complexity of water
tower operations. She noted she is comfortable with the cost.
Councilmember Siakel stated this is a massive and expensive project and that she is comfortable with it as
well.
Councilmember Labadie expressed her discomfort with the words "proposed fees ". She questioned if the
cost for these services could triple. She asked Director Brown if he is comfortable with the fees. Brown
explained that KLM has done a peconstruction inspection.. Based on its inspection KLM submitted a
very tight cost proposal. He noted that the fees would not triple.
Councilmember Sundberg stated. given City's years of experience working with KLM she doubts the City
would have continued to use the firm if it overbilled the City for work performed.
Sandberg moved, Siakel seconded, accepting proposal for professional services for the West Water
Tower Rehabilitation Project from KLM Engineering for an amount of $58,000. Motion passed 410.
B. Approve Proposal for Professional Services for Star Lane and Star Circle
Director Brown stated the meeting packet contains a copy of a proposal from WSB & Associates for final
design and construction services for the Star Lane and Star Circle Reconstruction Project. The estimated
fee for final design and bidding services is $37,557 and the estimated fee for construction services is
$56,700. Staff recommends Council accept the proposal.
Siakel moved, Labadie seconded, accepting the proposal for final design and construction
professional services for the Star bane and Star Circle Reconstruction Project from WSB &
Associates as presented for an amount of $94,257. Motion passed 410.
10. GENERAL/NEW BUSINESS
A. Making Appointments to the Planning Commission
Mayor Zerby noted that .just prior to this meeting Council had a special meeting to interview four
applicants for two positions on the Planning Commission that will open up. All four were very qualified.
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February 9, 2015
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Labadie moved, Sundberg seconded, Adopting RESOLUTION NO 15 -014, "A Resolution Making
the Appointments of Robert Lean (March 1, 2015 - February 28, 2018) and Patrick Johnson
(March 1, 2015 - February 28, 2018) to the City of Shorewood Planning Commission."
Mayor Zerby noted there are other opportunities for the other two applicants to serve the City.
Councilmember Sundberg stated all four applicants were excellent.
Motion passed 4 /0.
B. Appointments to the Planning Advisory Committee
Mayor Zerby stated that during the January 29, 2015. Council and staff retreat Councilmembers were
asked to submit names of individuals they thought would be good members of a Planning Advisory
Committee (PAC) for the planning study that will be done for the Minnetonka Country Club property and
the surrounding vicinity. The list of submitted names was placed at the dais this evening. The names with
a checkmark in front of them are his reeommendations; he recommended six people. He thought the two
applicants that were not selected for the Planning Commission would also be good candidates. He
provided his recommendation to get the discussion going.
Councilmember Labadie stated residents she spoke with wanted to know when the PAC workshops
would be held. There had been discussion about possibly meeting after Planning Commission meetings.
Because there is no definite end time for those meetings she does not think that would be good. She
recommended having the workshops before the Commission's meetings and having a predetermined the
length. Director Nielsen agrees with having there before the Commission's meetings and suggested they
start at 5:30 P.M.
Councilmember Sundberg stated she would be comfortable recommending all twenty names on the list.
Councilmember Labadie asked how many people Council wants on the PAC.
Mayor Zerby stated he recommended six individuals. All five Planning Commissioners would also be on
PAC. Councilmember Sundberg stated 1 I people would not be enough.
Councilmember Siakel agreed with having Planning Commission applicants Brenna Rainy and Ken
Dallman on the PAC.
Councilmember Sundberg stated there is a need for a lot of voices to be heard in order to have a good
cross representation of residents. She noted that she would support having 20 people on the PAC.
Councilmember Siakel suggested having the six names Mayor Zerby recommended plus Brenna Rainy,
Ken Dallrnan, Steve Charbonnet and Linda Murrell. Those 10 plus the five Planning Commissioners
makes 15. Whoever is selected needs to be committed to attending the PAC workshops. She stated that
maybe a few slots can be left open for a few more people who feel strongly about participating.
Councilmember Sundberg reiterated her desire to have broad cross section of residents in addition to the
Planning Commissioners. She stated what gets people in trouble in planning situations is when residents
think they have not been heard.
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February 9, 2015
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Councilmember Siakei asked. Councilmember Sundberg if she thought there is a need to identify 20
people tonight. Councilmember Sundberg stated the names on the list were put there because people
thought they would be solid contributors. She then stated she is not sure the three names she submitted
would be interested.
Councilmember Labadie stated out of the eight names she submitted some indicated a strong desire to
participate but it depends on the time of the workshops.
Mayor Zerby stated that to move this forward he suggested sending the individuals a letter inviting the
people on the list and the two Planning Commission applicants to participate on the PAC and asking for a
response and clarifying that to participate they must be committed to coming to the workshops. Council
could review the responses during its February 23 meeting and then officially appoint the participants.
Councilmember Sundberg liked that suggestion. Councilmember Siakel concurred.
Councilmember Labadie suggested publishing something in the City's newsletter. Mayor Zerby noted the
timeframe for getting this going does not allow for that. Labadie then suggested having something on the
City's website.
Director Nielsen stated that Stantec Consulting Services, Inc. which is going to drive the study has a tool
called MindMixer where people can register to access the site, get information about what is going on,
and provide input and ask questions. It is a way to beep residents informed and allow them to provide
input.
Director Nielsen stated that the invitation would ask the individuals if they could meet on February 24.
Mayor Zerby suggested it explain what the PAC is all about.
11. OLD BUSINESS
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
`frail Schedule
Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule.
Engineer Homby noted the land acquisition phase for the Smithtown Road east sidewalk extension has
began. There will be a kickoff meeting on February 11. He stated he updated the Trail Schedule to more
closely match the information on the City's website.
2. Quarterly Investment Report
Mayor Zerby noted a copy of the Quarterly Investment Report was found at the dais this evening.
Director De3ong stated that under Stem AC Rosemont Illinois Bonds he put the information on the wrong
one. The one that was due on December. 1, 2014, was called. He will swap the information on the two
lines. The corrected copy will be included in the meeting packet that is electronically stored.
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February 9, 2015
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Other
Director Brown stated that Public Works was visited by Hennepin County Environmental Services for a
surprise inspection on how it handles hazardous waste generated on site. That was closed out today and
everything was found to be satisfactory.
Engineer Hornby stated he is seeking quotes to re- televise the sanitary sewer system in the Star Lane and
Star Circle area. The televising should be done in the next couple of weeks. It is being done a part of the
final design for the Star Lane Star Circle reconstruction project.
Director DeJong stated that he, Attorney Keane and Director Nielsen met with two representatives from
Springsted Inc. They are working on timing mid background materials for a possible tax increment
financing or tax abatement project to finance amenities around the Minnetonka Country Club
redevelopment area.
B. Mayor and City Council
Councilmernber Siakel stated she attended an Excelsior Fire District (EFD) Board meeting on January 28.
Boardmember Fletcher was appointed chair and she was appointed vice - chair. Board meeting dates were
set for the year. There is a work session scheduled for the Board and the EFD Alternate Staffing Task
Force for February 25.
Councilrnember Labadie stated she attended a two -day seminar for newly elected officials on January 30
and 31. She commented she represented Shorewood well. She noted that many cities give their elected
officials business cards. Some attendees wore shirts with their City's logos on them.
Labadie explained that a large part of day two focused on things related to the open meeting law. She
gave Clerk Panchyshyn a copy of the materials she received about that topic to copy and provide to the
Planning Commissioners and Park Commissioners. She highlighted things she learned about how to
comply with open meeting law regulations.
Mayor Zerby noted he worked with the City's Communications Coordinator to get an embroidery design
for the Shorewood logo. He had the design embroidered on two shirts he purchased. The embroidering
service was paid for by the City. He also noted there are also some enameled pins.
Mayor Zerby stated the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee is
scheduled to have its first official quarterly meeting of the year on February 11. He noted the new Interim
Chief of Police is Mike Siitari. The Committee will discuss a couple of technology replacement items.
The SLMPD's network server is 1.1 years old. There is a proposal to purchase a server that will be shared
with the EFD. The EFD Board has already approved that purchase. He has been involved in consulting
with the two vendors the SLMPD has been working with and he recommends approval of the proposal the
Committee will consider and that the Board considered. The SLMPI] has to replace its aged video
surveillance system. All of the existing cameras are analog and the monitors are old CRT monitors that
have degraded a great deal over the years. The new system will have many new features and it help with
complying with interrogation regulations.
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13. ADJOURN
Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of February 9,
2015, at 7:50 P.M. Motion passed 410.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
ATTEST:
Sco y, yo
JcAi Panchyshyn, City ler