11-09-15 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, NOVEMBER 9, 2015 7:00 P.M.
MINUTES
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Mayor Zerby called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg, and Woodruff, Associate
Attorney Murphy; City Administrator Jaynes; City Clerk Panchyshyn; Finance Director
DeJong; Director of Public Works Brown; and City Engineer Homby
Absent: Planning Director Nielsen.
B. Review Agenda
Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, October 26, 2015
Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of
October 26, 2015, as presented. Motion passed 510.
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Mayor Zerby reviewed the items on the Consent Agenda.
Sundberg moved, Labadie seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. City Holiday Schedule and Office Hours
C. Adopting RESOLUTION NO. 15 -078, "A Resolution Approving Change Order No.
4 for 2013 Street Drainage and Utility Improvements — Valleywood Lane and
Valleywood Circle Improvements, City Project 13-01."
D. Adopting RESOLUTION NO. 15 -079, "A Resolution Accepting Improvements and
Authorizing Final Payment for 2013 Street Drainage and Utility Improvements —
Valleywood Lane and Valleywood Circle, City Project 13 -01."
E. Shorewood Ponds Homeowners Association Declaration Change
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2015
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Councilmember Woodruff asked if the City would have any involvement in enforcing the change to the
Shorewood Ponds Association Declaration (of Covenants) that would limit the number of units that could
be rented out in the development at any one time. Administrator Joynes responded no and explained the
City is only a signatory to the Declaration.
Mayor Zerby stated he applauded the Shorewood Ponds Homeowners Association for addressing the
changing environment by allowing for units to be rented out. He had spoken with representatives from the
Association a little and it seems that the Association is willing to make some exceptions. He encouraged
the Association to be flexible on those arrangements. He thought what is being changed is in regards to
when the owner of a unit passes away and the beneficiaries have to figure out what to do with the unit.
The Association has indicated that it would take into consideration the amount of time needed to deal
with the transition of ownership of the unit. The amended Declaration allows for latitude in that.
Motion passed 510.
Helen Thomas 6075 Pond View, thanked the City of Shorewood for the nice community gardens it
installed in Freeman Park, for the nice fence it installed around the gardens this year and for providing the
gardeners access to water for their gardens.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC NEARING
A. Continuation of Public Hearing from October 26 for Islandview Properties —
Vacation of Sanitary Sewer Easement
Mayor Zerby reopened the Public Hearing at 7:05 P.M. for a vacation of sanitary sewer easement for
Islandview Properties, noting it was continued from Council's October 26, 2015, meeting.
Engineer Hornby explained the Islandview Properties, LLC, is requesting vacation of a sanitary sewer
easement on the 27860 Island View Road property. The property is located at the end of Island View
Road. The sanitary sewer line would be relocated to a new easement on that parcel of land. He displayed
a graphic showing the location of the existing easement and the proposed location of the relocated
sanitary sewer and new easement. He noted staff recommends approval of the requested vacation subject
to the conditions of the City Engineer and the applicant recording the easement for the relocated sewer
line. He commented the City has done a similar thing a couple of other times this year. He stated there are
a few items that he needs to work with the applicant's engineer on providing. He noted he thinks the
proposed alignment modification is acceptable from an engineering standpoint.
Councilmember Woodruff stated the draft resolution included in the meeting packet does not stipulate any
of the City Engineer's conditions. Engineer Hornby suggested the motion also be subject to all conditions
recommended by the City Engineer.
Seeing no one present to comment on the case, Mayor Zerby opened and closed the public hearing at 7:08
P.M.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2015
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Woodruff moved, Adopting RESOLUTION NO. 15 -080, "A Resolution Vacating a Certain
Sanitary Sewer Easement for the Property Located at 27860 Island View Road ", subject to all
conditions recommended by the City Engineer.
Labadie seconded, subject to correcting the typographical error in the title on Exhibit B of the
Resolution.
Mayor Zerby asked how the switchover to the new sanitary sewer line is done and he asked how many
other properties would be affected. Engineer Hornby stated he thought only one other property is
connected to the line. Homby explained there are two ways it could be done. One is to bypass pump it
while the new sewer line is being constructed. The other is to leave the existing line live and make the
connection of the new line and then abandon the existing line. Zerby stated it sounds like there would be
little impact on other residents.
Motion passed 510.
Mayor Zerby closed the Public Hearing at 7:10 P.M.
7. PARKS
8. PLANNING
9. ENGINEERING /PUBLIC WORKS
10. GENERAL/NEW BUSINESS
A. Certification of Delinquent Charges
Director DeJong explained it is standard practice for the City to certify delinquent, unpaid utility charges
to Hennepin County to be levied against the respective properties for collection the next year. It is the
most efficient collection method for the City. The property owners were notified this past September that
they had outstanding water bills. The bills have to be paid before December 1, 2015, to avoid them being
placed on their property tax rolls for next year. The meeting packet contains a list of the delinquent
charges. There is approximately $38,000 in delinquent charges outstanding to the City.
Mayor Zerby stated he thought it was good news that the total delinquent amount to be certified is over
$8,000 less than last year's. He asked why. Director DeJong stated there is nothing he can specifically
point to. DeJong then stated it is possible that being able to pay the bills by credit card may have helped.
Councilmember Labadie asked if the customers have received a notice recently that they have until the
end of November to pay their accounts. Director DeJong stated that in addition to the notice in September
a notice was sent with the other utility bills sent out the beginning of October.
Woodruff moved, Siakel seconded, Adopting RESOLUTION NO 15 -081, "A Resolution Directing
Delinquent Charges be Placed on the 2015 Property Tax Rolls Payable in 2016" for a total amount
of $37,940.96. Motion passed 5/0.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2015
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B. Lake Minnetonka Communications Commission AN Support Program Options
Administrator Joynes explained that during its October 26, 2015, meeting Council asked staff to research
options for using the $22,800 the City could receive from the Lake Minnetonka Communications
Commission (LMCC) from PEG (public, educational, and governmental) fees Shorewood Mediacom
cable subscribers paid. Representatives from the LMCC have explained that money can be used to
upgrade the AN equipment for the Council Chamber to high definition (HD), to add monitors within City
Hall to watch LMCC television channels, or purchase mobile equipment (e.g., cameras) for use offsite or
at the Southshore Center. If the Council Chamber AN equipment is not upgraded to HD standard
definition video recordings of Council meetings would be broadcast on Channel 20 instead of Channel 8,
the government channel. The other LMCC member cities have used the reimbursement money received to
record their meetings in HD and their meetings will continue to be broadcast on Channel 8.
Councilmember Woodruff asked what Council is being asked to do this evening. Administrator Joynes
clarified Council is not being asked to do anything. Joynes stated he does not know if Council is ready to
make a decision yet on how to use its reimbursement.
Woodruff stated he would like Council to accept the money from the LMCC and noted he would not be
comfortable approving the upgrade to HD at this time because he does not know what it would cost.
Councilmember Siakel stated it was her recollection that during the October 26 meeting Council was told
upgrading to HD would cost approximately $22,000. Administrator Joynes stated the City has an old
quote of about $21,000.
Woodruff stated if Council needs to approve accepting the $22,800 Council should do so now. He
requested that staff solicit a quote to upgrade to HD and bring that back to Council.
Mayor Zerby noted that he has been a proponent of upgrading to HD so that the City does not get left
behind. He stated the LMCC has the mobile equipment needed to record large community meetings held
in the Southshore Center. He cautioned against spending money on improving the recording options for
the Center until the ownership situation is resolved.
Councilmember Sundberg stated she does not think there is a strong need to upgrade to HD other than the
fact that the other communities are doing so. That would leave Shorewood as the only one not on the
government channel.
Councilmember Siakel asked what the need for upgrading to HD is.
Mayor Zerby clarified the Council Chamber equipment would be upgraded to digital from analog. Digital
is what people are used to viewing. He hoped that better quality video recordings would attract more
people to view recordings of Council meetings. Councilmember Sundberg noted that the clarification was
helpful for her.
Administrator Joynes stated staff will solicit a current quote for upgrading to digital.
Woodruff moved, Zerby seconded, directing staff to inform the Lake Minnetonka Communications
Commission that the City would like to receive the $22,800 reimbursement of public, educational,
and governmental fees and that the City will inform the LMCC in a short period of time of how it
would like to use the money. Motion passed 5/0.
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November 9, 2015
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A. Administrator and Staff
1. Trail Schedule
Mayor Zerby noted the meeting packet contains a copy of the up -to -date Trail Schedule. Engineer Homby
stated the contractor wanted to wait until the leaves were down before it started to remove trees for the
Smithtown Road east sidewalk extension. He will have a timeline from the contractor for the next
meeting.
2. Monthly Budget Report
Mayor Zerby noted the meeting packet contains a copy of the September 2015 Monthly Budget Report.
3. Quarterly Investment Report
Mayor Zerby noted the meeting packet contains a copy of the September 2015 quarterly investment
report.
4. Property Valuation and Tax Review
Director DeJong stated it appears that about 57 percent of property owners in Shorewood will not see an
increase in their property tax based off of preliminary information. He clarified that does not include the
school referendum that was just passed.
5. Water System Leak Detection Survey
Director Brown stated the City's water system is leak free as of today. He then stated there had been a
couple of watermain breaks over the last week or so. The valve leak at Smithtown Road and Cajed Lane
was repaired; it required excavation. The hydrant leak at 5780 Smithtown Way was repaired; it did not
require excavation. Councilmember Woodruff asked if the survey would be done annually. Brown
responded yes. Brown noted it is not unusual for communities to have leaks go undetected for years.
Some detected leaks are not worth fixing.
6. Sign Inventory Program Update
Director Brown explained the meeting packet contains a copy of a report showing the number and types
of signs that have been replaced. The focus has been on signs that did not meet the federal government
retroreflectivity standards. The regulatory stop signs and speed limit signs have been the top priority for
replacing. An order has been placed for the remaining stop signs and a good portion of the speed limit
signs that still need to be replaced. There should be some remaining capital funds for sign replacement
this year so his next priority would the street name plate guide signs. In response to a question from
Councilmember Woodruff, Brown stated the replacement of the regulatory signs should be completed in
2016.
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November 9, 2015
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Other
Director Brown stated Public Works personnel are just about done flushing the watermain on the east side
of Shorewood. That staff is working with the cellular vendors on getting their equipment back up on the
West Water Tower. Street sweeping is almost complete.
Engineer Homby stated the Metropolitan Council Environmental Services (MCES) forcemain project is
done and the construction of the Excelsior Boulevard trail segment is done. The roadway has been striped.
He thought the City should receive a document from MCES by the end of the year identifying what the
City's owes for the trail per the cooperative agreement. He then stated there are a number of property
owners along Star Lane and Star Circle who want to connect to the newly installed watermain. The
watermain has to be flushed out first. Before the watermain can be flushed the turf and ditch have to be
established along Smithtown Road. That should be sodded in the very near future.
Mayor Zerby stated some residents have put their leaves onto roadways with the expectation that the City
will dispose of them. He asked if the City provides that service. Director Brown noted it is against
regulation to put leaves out onto the street; the same applies to snow.
Director DeJong stated the City is moving forward with the refunding of bonds for the public safety
facility. A competitive analysis has been done and Northland Securities has been selected to be the
underwriter for the bonds.
Administrator Joynes noted there is a meeting scheduled on November 17 with representatives from the
Three Rivers Park District (TRPD) to discuss a possible overpass for the Lake Minnetonka LRT Regional
Trail at County Road 19.
Councilmember Sundberg stated it is her understanding that Administrator Joynes and Attorney Keane
are preparing a "hold harmless" agreement that would allow the City of Shorewood to plow the short
segment of the LRT Trail that is located in Tonka Bay. Hopefully the Tonka Bay City Council will
approve that. If it does, it would make some residents very happy this winter. She then stated there was a
car and bicyclist accident at the intersection of Smithtown Road and Eureka Road where the trail crosses
earlier in the day. She asked to get a copy of the police report for that. Mayor Zerby noted that in the past
he has asked the police chief to send those types of reports to the City. Administrator Joynes stated the
chief has been very good about doing that.
Mayor Zerby stated Tonka Bay has put a Tonka Bay sign on the light pole near the shopping center at the
intersection of Country Road 19 and Smithtown Road. He finds that interesting being Tonka Bay only
controls one -half of Country Road 19 in that area. That sign implies Shorewood City Hall is in Tonka
Bay, Director Brown stated staff will review that with Tonka Bay staff.
B. Mayor and City Council
Southshore Center and City of Excelsior Proposal
Administrator Joynes explained that he and Mayor Zerby met earlier in the day with Excelsior Mayor
Gaylord and City Manager Luger to have the second negotiating session concerning the Southshore
Center proposal and the proposal Excelsior made regarding the proposed senior housing project The
Waters of Excelsior. Gaylord and Luger will present what was discussed to the Excelsior City Council to
find out if there is interest in discussing things further. The Excelsior representatives indicted they were
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2015
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not very optimistic about what was proposed. Joynes noted he thought Zerby outlined what he thought
was a fair distribution of tax revenues and the economic impact of the proposals that have been discussed.
Mayor Zerby explained that he made the point to Gaylord and Luger that he thought their report was
shortsighted. No consideration was given to what the property would be worth over a twenty -year period
or the amount of tax revenue Shorewood would forgo if Shorewood exchanged the land for what was
offered up. There was discussion about flowing the tax revenues through to Shorewood after acquiring the
land. He then explained that Administrator Joynes had pointed out that there are ways to build a project
that crosses the Cities' boundaries and Joynes is aware of a couple of commercial examples that cross city
boundaries. He noted that Excelsior would like to take control of the property so the senior housing would
only be located in Excelsior.
12. ADJOURN
Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November
9, 2015, at 7:32 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Scott rby, M _y r
Jea Panchyshyn, City Cle c