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09-10-12 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 10, 2012 MINUTES CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee called the meeting to order at 7:01 P.M. She noted that at the dais this evening there is a revised copy of the first page of the resolution for Item 3.B. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 27, 2012 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of August 27, 2012, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, subject to accepting the minor change to the resolution for the amendment to the Zoning Code. A. Approval of the Verified Claims List B. Approving ORDINANCE NO. 499 "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Accessory Structures." C. Authorize Expenditure of Funds for Sanitary Sewer Repairs D. Amendment to Capital Improvement Program and Authorization of Funds for Very High Frequency (VHF) Radio Narrow - banding E. Intent to Extend Agreement with Hennepin County for Assessment Services CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 2 of 10 F. Setting the Date for a Public Information Meeting on the Wellhead Protection Plan G. Ashland Woods Preliminary Plat (This was moved to Item 10.13 under General/New Business.) Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Commissioner Jan Callison, Hennepin County Update Mayor Liz& noted that Hennepin County Commissioner Jan Callison is present to provide Council with an update on current Hennepin County activities. Commissioner Callison explained property tax revenues have been fairly steady for the last three years. Federal revenue has been flat and state revenue has declined a little. Fee for service revenue is up in the 2012 budget and the other revenue sources are down in the 2012 budget. The County has held its levy flat when it could. At the same time revenues have remained flat or stagnant there has been an increase in the number of people seeking services from the County. The average number (January — June) of families seeking shelter at the County was approximately 250 per night in 2000 and approximately 150 in 2001. For a number of years after that the County was successful in keeping families out of shelters or moving them through shelters quickly. That has begun to change and the County's capacity to shelter families is close to the upper end now. That is a result of the impact of the economy. The largest growth is in medical and food support programs. The monthly average of open individuals on medical programs (January — May) increased 26 percent over four years. The monthly average open individuals on food support (i.e., food stamps) and MFIP food portion cases (January — May) increased 69 percent over four years. The monthly average number of calls to child protection (January — May) increased 28 percent over four years. The monthly average number of calls to adult protection (January — May) increased 13 percent over four years. The total long -term care consultations (January — May) which are required by Medicare for decisions families might make increased 26 percent over four years. The social worker staffing level declined 14 percent over four years. Commissioner Callison noted the County Board will set its maximum levy for 2013 on September 1l th . The County Administrator has directed departments to cut 2 percent from the budget. At a workshop the Administrator recommended a 1.3 percent increase for the general operating budget. She explained the State of Minnesota basically tests the County to see how accurate its workers are when assessing service requests. If the County is inaccurate beyond a certain band (i.e., if the County fails to quality people for support services or qualifies people who should not qualify too often) the State fines the County. There is beginning to be concern that the County's quality is not as good as it should because of the number of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 3 of 10 people it is serving. Therefore, the - Administrator is recommending the County hire more people in the human services department to administer the programs. County employees have not received a cost of living adjustment in several years per the contracts the County negotiated. There are concerns about health care costs. There is some skepticism about if the State will come through with the funding it promised the County for 2013. Commissioner Callison stated the Administrator will present to the County Board his proposed budget that on September 25'. Budget hearings will begin on October 10 t h. And the County's Truth In Taxation hearing will be on November 27 Final action on the 2013 budget will be taken on December l l t '. Commissioner Callison highlighted a couple of changes occurring at the County. County Administrator Richard Johnson is retiring at the end of December after about seven years in that position. The CEO of Hennepin County Medical Center moved to another position several weeks ago. The baby boomers employed by the County are starting to retire so there will likely be a number of changes in senior staff. Commissioner Callison stated the City of Excelsior gave its final approval for the design of the new library this fall. It does have to come back to the County Board for final approval on the budget. She displayed an image of what the design looks like. The new library will be close to double the size of the current library. Construction is expected to begin in 2013 and it's anticipated it will open late summer of 2014. The budget is $5.6 million. Commissioner Callison provided her contact information. Her email is Jan .callison(d%co.hennepin.mn.us and her phone number is (612) 348 -7886. Commissioner Callison stated the County Board is scheduled to have a briefing on September 13 about the dispatch study the County has undertaken. She noted she has not seen the results of the study and therefore does not know what the consultant is recommending. She stated she is fully aware that there is concern in the communities she represents about the County potentially charging for dispatch services. She noted she is skeptic about that. She also noted that the City and other cities who receive dispatch services from the County have expressed their concern about that. She stated she is fully aware of how important that is to cities' budgets that the current arrangement of not charging for those services does not change. She noted the County is in the process of building a new dispatch facility in the City of Plymouth. She stated there are people who are wondering why the County is going to build a new facility and then possibly change the structure so that some cities and agencies quit using the County's dispatch services. Commissioner Callison thanked Council for inviting her this evening. She congratulated Mayor Lizee who will be finishing her years of service to the City. Councilmember Woodruff stated he understands the challenge for the County of more cities and agencies wanting to use the County's dispatch services. He strongly encouraged Commissioner Callison and the County Board to continue with the current practice of not charging for dispatch services. He then stated the City is a member of two joint powers organizations and they are funded based on specific funding formulas. From his vantage point they are less than perfect in some cases. For the Excelsior Fire District (EFD) joint powers organization Shorewood will have to pay $26,000 of the $16,000 2013 EFD budget increase. He suggested possibly charging cities and agencies an entry fee to opt in. He stated he thought it should be shred across the entire County. Commissioner Callison explained the issue is some cities have their own dispatching services yet they pay the County tax that supports the County's dispatch operations. There is concern that all of the cities are not treated fairly. Those cities (e.g., Bloomington, Eden Prairie, Golden Valley, Minneapolis, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 4 of 10 Minnetonka and St. Louis Park) are not asking to come into the County's dispatch system. The current dispatch system does not have the capacity to provide dispatch services to the City of Minneapolis. Therefore, the County could never say to Minneapolis if it does not want to pay for dispatch services twice it should use the County's dispatch system. The challenge is to determine how to make if fair for Minneapolis if it wants to come in without making it unfair for those cities that currently get dispatch services from the County or punishing them for things the County cannot control. She noted she will convey the message heard this evening during the September 11 briefing. Councilmember Zerby noted he echoes the same concern. He stated he had an opportunity to tour the County's dispatch facility located in the Golden Valley. He found the level of service provided out of that facility is outstanding. He expressed appreciation for what the individuals who work there are doing. He stated he thought the facility in Golden Valley is well past its time. It is good news that the new facility has been approved. Zerby thanked Hennepin County for sponsoring the pedestrian workshop. He noted the consultants stated that the turnout in this area was the highest turnout they had seen. He stated County Road 19 is somewhat of the corridor that connects many of the cities around Lake Minnetonka together. He then stated there is strong support for improving pedestrian and bicyclist access along that roadway. Mayor Lizee noted that all five Councilmembers, the City's Planning Director, the City's Communications Coordinator, and a couple of Park Commissioners attended the workshop. She stated she thought it was a worthwhile workshop. She was pleased that it appears there will be partnerships and collaboration encouraged through the process. Councilmember Woodruff stated he also thought the workshop was very good. He suggested Hennepin County consider biking as well as walking. He stated the project was presented as a walkability project and it absolutely is something that needs to be done. But, biking is very important also. Commissioner Callison stated she will follow up on the biking aspect. She noted that she would have expected biking would have been included. Councilmember Siakel stated she thought the focus was about making certain areas near County roads safer. She then stated maybe movability is a better word than walkability. She went on to state there is a real need to improve safety along the County Road 19 corridor from Navarre to County Road 7. Mayor Lizee thanked Commissioner Callison for her time, her newsletters and her accessibility by email and phone. . 1 1 fi. None. 8. PLANNING A. Pedestrian Trail Feasibility Cost Estimate Director Nielsen explained Council had directed Staff to obtain a cost for a feasibility study for a trail segment on the west end of Shorewood. There are two parts to that segment. One part extends from the City of Victoria/Shorewood border to the Minnewashta Elementary School. The other part is from the School to the LRT Trail. Staff asked WSB & Associates to provide an estimate for the feasibility studies. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 5 of 10 The cost to do the part between Victoria and the School is $6,100. The cost to do the part between the School and the LRT Trail is $3,300. The cost to do them both at the same time would be $8,500. He commented WSB's estimate is relatively low because of their knowledge of the area and because of other work it has done on Smithtown Road. He stated if Council has any interest in considering constructing that segment of trail in 2013, Staff recommends having the feasibility study conducted this fall. If Council authorizes Staff to move forward with the feasibility study this evening the next meeting agenda will include an item regarding wetland delineation independent of which side of Smithtown Road the trail would be constructed on. Nielsen noted right of way (ROW) acquisition is very time consuming and takes a great deal of time. Regardless of which side of the roadway the trail is constructed on easements will be needed. He also noted Staff recommends moving forward with a feasibility study for a cost of $8,500 for both parts of that trail segment. Councilmember Hotvet thanked Staff for obtaining the feasibility cost estimates. She asked about the possibility of doing some type of engineering study and skipping the feasibility study because of the tight timeline. Director Nielsen stated the feasibility study will provide some insight into which side of Smithtown Road the trail should be constructed on, what the width should be, how many ROW acquisitions are needed, the cost to construct the trail and so forth. It is possible that the cost to construct the trail would be so high that Council may not want to move forward with it. He thought it prudent to start do the feasibility study and start the ROWs acquisition process as soon as possible. He noted Staff recommends outside resources be used to help with the acquisition process because Staff does not have expertise in that process. Councilmember Zerby stated having been involved in trail discussions for a long time he recommended using the design for the Victoria trail as somewhat of a template for the feasibility study. Based on his experience sometimes when there are too many choices it is difficult to reach consensus. The way Vitoria's is designed it appears to work well and he thought it would work well in Shorewood. Councilmember Hotvet noted she agrees with Councilmember Zerby's recommendation to have a trail similar to the trail segment in Victoria. Director Nielsen stated it makes sense to him to start the new trail segment at the Victoria border on the same side of roadway as the trail in Victoria. He noted that ROWS and physical issues may necessitate having some portion of that trail segment on the other side of the roadway at some point, and that crisscrossing may have to occur more than once. There will automatically be one crossing if the trail is started on the same side of the roadway as Victoria's is on in order to have the trail go along the side where the School is. Councilmember Zerby stated the crossing at the School is more visible because there is a crossing there already. He then stated he thinks there is an opportunity for a natural crossing at the LRT Trail. He reiterated he thought it would make sense to follow Victoria's design as the primary design. Councilmember Siakel stated she thought it prudent to have a well thought out feasibility study before taking any action. Director Nielsen stated if the City is to at least start the trail using Victoria's design he asked if that means the initial part of the trail will be concrete. He noted that historically residents have reacted negatively to concrete even when it came to curb and gutter. Councilmember Zerby stated resident feedback can be CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 6 of 10 gathered during the public hearing process. Yet, Council has to decide what it thinks is best for the long term. Mayor Lizee noted that a lot of those comments are 10 —15 years old. Mayor Lizee related that she has received numerous phone calls from residents asking when a similar looking trail will be extended from the Victoria border along Smithtown Road in the City. Councilmember Zerby stated he thought it would be beneficial to have something specific in this case. Director Nielsen stated in the past some of the problems had to do having too many choices and not having a definite plan. Hotvet moved, Siakel seconded, directing Staff to move forward with a feasibility study for a trail segment along Smithtown Road from the Shorewood/ Victoria border to the LRT Trail. Motion passed 510. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Excelsior Fire District 2013 Capital Improvement Program and Operating Budget Interim Administrator Joynes stated the meeting packet contains a copy of the recommended Excelsior Fire District (EFD) 2013 Capital Improvement Program (CIP) and the 2013 Operating Budget (the Budget). He noted Council has had copies of the documents for quite some time. He explained the member cities' 2012 contribution amount of $1,532,895 reflects a 1.09 percent (or $16,603) increase when compared to the 2012 contribution. The overall 2013 Budget amount of $1,576,922 reflects a 3.3 percent overall increase over the 2012 adopted budget. The City's share of the municipal contribution for 2013 is $608,800. The EFD Board discussed the budget a number of times. There was a joint work session for the member City Councils held on August 8, 2012, to provide people the opportunity to ask questions and express concerns. Other than EFD Boardmembers no other members of the member City Councils attended the work session. He noted EFD Chief Gerber is not present this evening because it was assumed there were no questions that had to be answered. The City's share of the cost is what is included in the City's draft 2013 Operating Budget. Councilmember Woodruff noted that he did not attend the joint work session. He stated the funding formula is based primarily on taxable market value in the five EFD member cities. He noted that earlier in the evening he stated the City's share of the 2013 cost increased $26,000 when compared to the 2012 cost. He clarified it is going up approximately $23,000 on a $16,600 overall increase. He noted that for two member cities their 2013 share of the cost is going down in part because the taxable market value of properties in them went down. He stated the 2013 budget includes a required contribution to the Excelsior Firefighters Relief Association's fund for pensions. He then stated he thought the Budget is a reasonable budget, but it is unfortunate that Shorewood will pay a big chunk of it next year. Councilmember Zerby stated another way to look at things is that it is fortunate that property values in the City have maintained better than in the other member cities. He noted that Chief Gerber prepares a budget reflecting what the EFD's real needs are; he does not inflate the budget. He stated he thought the 2013 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 7 of 10 Budget is very sensible, and it will maintain the high level of service the member cities are fortunate to receive. He noted that he wholeheartedly endorses the Budget. Siakel moved, Zerby seconded, approving the final recommended Excelsior Fire District 2013 — 2033 Capital Improvement Program dated August 2012 and the 2012 Operating Budget dated August 9, 2012. Motion passed 5/0. Mayor Lizee thanked Councilmember Zerby for being the City's representative on the EFD Board. B. Ashland Woods Preliminary Plat This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff recommended changing the wording in Item 2.b in the resolution from "The final plat should include the documents establishing a homeowner's association..." to "The final plat must include the documents establishing a homeowner's association... ". He stated Item 2.d talks about the developer paying basically into escrow $70,000 for water connection charges and once water main is installed the developer will be refunded up to $10,000 per lot. He expressed concern that the developer could end up not paying any connection fee. He stated when this was discussed during the last Council meeting he expressed his desire to require the seven lots to hook up to the City's water system and not have the option to get water service from a private well. He stated from his vantage point the resolution does not deal with that. Also, the City's Water Policy does not deal with that. He suggested Council address that. Director Nielsen explained the resolution approving the preliminary plat is consistent with the Water Policy. The Policy states that for new developments of three or more lots the developer is required to put in City water provided it is feasible (i.e., the Policy defines feasible as costing no more than the $10,000 current connection charge). Nielsen then explained if it were to cost $70,000 to install city water for this development the developer will get nothing back. If it were to cost $76,000 the City will have to decide if it wants to make the City water feasible by contributing $6,000. The $10,000 connection charge is set up for that purpose. There have been times when it has cost less than $10,000 to install city water. The difference between the actual cost and $10,000 is intended to help fund those developments that are not feasible. If the cost were to be $100,000 the City will have to consider if it would want to contribute the $30,000 needed more heavily. Nielsen noted that requiring a property to connect to city water would require a change to the Water Policy. To date the City has not required anyone to connect to City water. Nor has it encountered any problem because if people are going to pay the $10,000 fee they would likely want to hook up to city water. Councilmember Woodruff asked if a change to the Water Policy to require people to hook up could be done before the final plat is approved. Mayor Lizee stated the requirement to connect should be for a development such as Ashland Woods. Councilmember Zerby asked if it is appropriate to change the rules during the middle of a project. Director Nielsen responded he thought the Water Policy could be changed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 8 of 10 Director Nielsen stated the bigger problem is if the City is willing to contribute toward the cost to install city water if it is more than $70,000 in order to make it feasible. Councilmember Woodruff asked when the cost to install city water will be known. Nielsen stated the developer wants to submit the final plat this year and at that time the cost to install city water will be known. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 12 -056 "A Resolution Granting Preliminary Plat Approval for Ashland Woods" subject to changing Item 2.b "The final plat should include the documents establishing a homeowner's association..." to "The final plat must include the documents establishing a homeowner's association... ". Motion passed 510. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Hall Landscaping Maintenance Interim Administrator Joynes stated that Councilmember Woodruff asked him to look into the possibility of entering into a maintenance contract for the landscaping around City Hall. There may be other parts of the City that could also come under such a maintenance contract. He noted Staff will explore that in the offseason and come back with a recommendation for 2013 for Council to discuss. He also noted there is nothing budgeted to do that. 2. Silver Lake Outlet Project Update Director Brown stated that Staff believes Parrot Contracting has completed the work the City contracted for related to the stormwater improvement project near Silver Lake. The plans included seeding and some erosion control blanket. He explained Staff assessed concerns related to erosion and decided not to have seeding done. That was pulled out of the contract with Parrot. Staff negotiated with a different contractor to sod the entire construction area to minimize erosion and better stabilize the area. The assumption is Public Works will be responsible for the maintenance for the sod after it was laid down. He expressed concern that residents in the area will expect the sod to be a well - manicured lawn. Public Works does not view that as an area that has to be manicured. Brown noted he has kept Council abreast about issues raised about a berm and trees. He explained the plans approved for this project do not include any additional tree plantings. If Council wants to have additional trees planted he asked that Staff be given that direction. He stated the project is entering the maintenance phase. He noted that the meeting agenda for Council's September 24, 2012, meeting will include a change order for sodding versus seeding for Council's consideration. Mayor Lizee stated if the sod is well manicured and additional trees planted it may appear to be more of a park and thereby require more maintenance. She then stated from her perspective sod and some natural plantings that maintain themselves would make the most sense. Councilmember Woodruff stated he had hoped Ms. Bobby Arnold, the neighbor to the east and the person making some of the requests, would be present this evening but she is not. He explained Ms. Arnold has been very active for almost three years in trying to get the City to take action on various things that were CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 9 of 10 going on next to her property. He stated he thinks putting down sod is a good idea, and he thinks the City should at least maintain the part near the street similar to how it was maintained when it was privately owned. It was kept free of weeds and mowed weekly. He noted it is a pretty residential area with high valued homes. Woodruff then stated that Ms. Arnold has stated in various emails that she would like to discuss landscaping with Staff. Ms. Arnold has indicated that she would be willing to donate some landscaping for the berm that was installed. He wants Staff to have some discussions with Ms. Arnold related to landscaping. He related that Ms. Arnold has expressed great concern about whether or not the mature box elder trees in the area are maintaining their root structures. Ms. Arnold has spoken with an arborist who believes the trees are probably already dead because of the amount of soil piled up on the roots during the installation of the containment structure. He asked Staff to bring a landscaping plan to Council for its review including the replacement of the box elder trees. Woodruff went on to state he told Interim Administrator Joynes that the City needs to look at the whole Silver Lake situation. Whether or not it is really a lake is a point of contention. There are a number of questions that need to be answered. What is its use supposed to be? What is the City's obligation? What is the Riley Purgatory Bluff Creek Watershed District's ( RPBCWD) obligation? What is the Minnesota Department of Natural Resources (DNR) obligation? He suggested the City and the RPBCWD take on a joint effort with some of the neighbors and possibly the DNR for a plan for Silver Lake. He stated Silver Lake has filled in due to erosion and the runoff off of Ridge Road. He noted some of the issues have been addressed such as the outlet structure. He stated Staff is supposed to develop a plan on how that can be maintained. Woodruff noted he does not want to see the Silver Lake effort end. From his vantage point it needs to be continued. He stated he thought there needs to be a long -range plan for Silver Lake. Mayor Lizee stated Silver Lake has been in the City's purview for a long time. She noted Council has seen emails going back and forth between the City and the residents for many years. She stated it is her recollection that Mr. Arnold volunteered to become the representative going to the RPBCWD meetings for quite some time. Therefore, he may have some input regarding his discussions with RPBCWD. She noted the Minnehaha Creek Watershed District has participated in projects in the City. She stated she thought there would be value for people to understand the full cycle that Silver Lake has gone through as well as its future. She then stated that investing time and coming up with a long -range plan is important in determining how Silver Lake is going to serve the community for stormwater drainage. Councilmember Hotvet stated she agrees with what is being said. She noted there are also several other smaller lakes in the City. She asked if they are going through the same natural evolution. She stated it may be prudent that whatever is done for Silver Lake be considered as a template for the other six or so small lakes in the City. She then stated she would like to know more from the watershed districts about how those lakes have evolved. Councilmember Woodruff recommended developing a holistic, multi -year plan for Silver Lake first. He noted there is a new administrator at RPBCWD who he met a few weeks ago. Director Brown stated he understands Council to be asking Staff to come back with a landscape plan for that area. Staff will return with a plan in the near future. He explained that developing a long -term plan for Silver Lake will involve a number of agencies and possibly a number of consultants. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 10, 2012 Page 10 of 10 Mayor Liz6e stated based on history there needs to be a maintenance plan for landscape donations. She then stated the planting plan has to be one that can be easily maintained. She commented that she thought everyone wants to complete this project by the end of the 2012 planting season. B. Mayor and City Council Councilmember Zerby stated he attended Apple Day in the City of Excelsior on September 8 It was a great event and the weather was wonderful. The attendance was spectacular. Mayor Liz6e stated it was another great community event. Mayor Liz6e stated she received an email from South Lake Minnetonka Police Department (SLMPD) Chief Litsey stating the next Citizen Police Academy is scheduled to start on September 13 She noted there are still a few openings for residents to sign up. The SLMPD's phone number (952) 474 -3261. Councilmember Zerby stated he attended the Academy in 2011 and that he wholeheartedly recommends people attend it. Mayor Liz6e thanked Director DeJong for successfully bringing a worker's compensation issue that plagued a staff member for quite some time to resolution. She stated she thought it would clear the path for other worker's comp issues in the future. 13. ADJOURN Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of September 10, 2012, at 7:55 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATT ST: C � P A� e z'� Christine Liz6e, Mayor S. J,6yn4, IAterim City Administrator /Clerk