Loading...
09-24-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 24, 2012 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Deane; Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landim Absent: None. B. Review Agenda Mayor Lizee asked to move Item 8.13 to after Item 5.A because the two items are related. Zerby moved, Siakel seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, September 10, 2012 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of September 10, 2012, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, September 10, 2012 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of September 10, 2012, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Confirm Expenditure of Funds to Sod the Silver Lake Sediment Tank C. Adopting RESOLUTION NO. 12 -057 "A Resolution Authorizing Expenditure of Funds for Cathcart Park Resurfacing." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 2 of 14 D. Adopting RESOLUTION NO. 12 -058 "A Resolution Authorizing Filing of Application and Execution of Agreement to Develop Sport or Recreation Facilities under the Provisions of the Hennepin Youth Sports Program." Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING A. Ken Carlson — Vacation of Drainage and Utility Easement Mayor Lizee opened the Public Hearing at 7:03 P.M., noting the procedures utilized in a Public Hearing. Director Nielsen noted the vacation of drainage and utility easement for Ken Carlson goes hand and hand with Item 5.13 for a minor subdivision, combination and wetland buffer amendment for Mr. Carlson. He explained Mr. Carlson owns the properties located at 5725 and 5775 Ridge Road. He displayed the existing site location map and the proposed site location map. He explained Mr. Carlson proposes to rearrange the lot line between the two properties increasing the size of the 5725 property. Both of the lots are platted lots. There is a drainage and utility easement along the existing property line. This Public Hearing is about vacating that easement. As part of the subdivision proposed in the next item there will be new drainage and utility easements along the new lot line as well as a drainage and utility easement along the lot line of the 5725 property. Nielsen stated Council could continue the Public Hearing if it does not want to act on the vacation until the subdivision/combination is approved. Or, it could adopt the resolution for the vacation and then act on the subdivision/combination. Chris Meyer, 5770 Ridge Road noted that Mr. Carlson is out of the State this evening. He explained he is going to purchase the reconfigured 5775 property, which had been previously been in Mr. McCarthy's family since 1938. He stated he is here to speak on behalf of the minor division/combination and easements. Mayor Lizee noted the meeting packet contains a letter of support from Mr. Meyer and his wife and frorn Thomas Pohlad, the neighbor to the east. Seeing no one present wishing to comment on the case, mayor Lizee opened and closed the Public Testimony portion of the Public hearing at 7:07 P.M. Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 12- 059 "A Resolution Vacating Certain Drainage and Utility Easements the Property Located at 5725 Ridge Road." Motion passed 5/0. B. Minor Subdivision /Combination/Wetland Buffer Amendment Applicant: Kenneth Carlson Location: 5725/5755 Ridge Road Councilmember Woodruff commented it appears that a driveway easement has to be granted as part of the minor subdivision/combination. He noted he does not have a problem with that, but he does not like to have driveway easements. He asked if the easement is needed because of the terrain. Director Nielsen CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 3 of 14 noted it is, and explained that Mr. Carlson offered to grant the easement because he thought it was the right thing to do. It does allow for a flatter driveway to enter on to that property. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 12 -061 "A Resolution Approving a Subdivision and Combination of Real Property and Amending a Conservation Easement for Kenneth Carlson and Stephanie Venn Petersen for the properties located at 5275 and 5775 Ridge Road ", and approving an amendment to the wetland buffer easement for the property. Motion passed 5/0. Mayor Liz6e closed the Public Hearing at 7:10 P.M. 6. REPORTS AND PRESENTATIONS A. Mark Sylvester, Report on Lake Minnetonka Conservation District Activities Mr. Sylvester commented that one of the more senior members on the Lake Minnetonka Conservation District (LMCD) Board stated this has been one of the slower years for the LMCD. Mr. Sylvester explained the LMCD does a boat count every two years. This year's count indicated there were 10,691 total watercrafts on Lake Minnetonka (the Lake). That reflects an approximate 16 percent increase over the 2010 count. The 2012 count is more in line with the 2006 and 2008 counts. The count is done before July 4`" because the LMCD believes that is when the boats will be at maximum. The count takes about one week to do. The personal watercraft count (PWC) was 1,285 and that was in line with 2006. He noted when he queried LMCD Staff about the numbers they indicated it was not possible to deduce any trends until the next count is done. Mr. Sylvester noted he would like Council feedback on bow fishing. He stated the popularity of bow fishing is increasing in the State of Minnesota. The Minnesota Department of Natural Resources (DNR) does not have a lot of restrictions on bow fishing. It does state it is subject to local firearms ordinances. He then stated the LMCD member cities have different firearms ordinances. Some of the ordinances apply on the water and some do not. Therefore, it is very confusing for bow fisher people. He noted the LMCD has not heard from Shorewood regarding this issue. Mayor Liz6e asked Council if this issue should be looked at by the Park Commission as recreation. She suggested the City's sister cities stance on this should be considered. Councilmember Woodruff stated bow fishing is on the agenda for the LMCD Board's September 26 ' meeting agenda. He commented there are people who bow fish on the Lake. He stated the DNR does permit bow fishing of certain types of fish (basically rough fish). He suggested Council give Mr. Sylvester direction to support allowing bow fishing on public waters in the Shorewood, including on Christmas Lake and others, as permitted by the DNR. It would open up the City's ordinance on the discharge to bow fishing. Mayor Lizee asked Councilmember Woodruff to explain his position. Woodruff stated bow fishing is a valid sport. It is a sport that is quite safe. It is not the same as shooting a bow in someone's yard. He explained that the arrows used for bow fishing are tethered; they are not free flying. He stated he does not see a reason for the City to confuse the issue with sportspersons by allowing them to bow fish in some places and not in others. He expressed his preference for it being consistent throughout the area. Mr. Sylvester explained the LMCD is considering drafting a model ordinance for the Lake. The ordinance would be a little more restrictive than the DNB's restrictions, but not a lot. For example, during the period between one hour before sunrise and two hours after sunset a bow fisherperson would have to be at Least CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 4 of 14 300 feet away from structures. The DNR has a decibel level restriction. The lights used for bow fishing are very bright and most often they require a generator in about which is very loud. The LMCD would have a restriction for how loud a generator can be. Councilmember Zerby expressed concern about the fact that there are fourteen LMCD member cities. The only enforcement he is aware of is provided by the Hennepin County Water Patrol (the Water Patrol), with an infrequent visit by the DNR. He did not think a law could be adequately enforced. He questioned how the law would be enforced. He stated he thought it should come from Hennepin County more than from the member cities. He then stated he is not aware of any other laws on the Lake that are exclusive to a community. He noted he thought it would be a bad precedent to start establishing ordinances regarding the Lake by member city. Mr. Sylvester stated it is his recollection that the City of Minnetonka has a fairly restrictive ordinance related to bow fishing. It does not allow firing a bow over open water. He explained if the LMCD were to adopt the model ordinance it would have to ask Minnetonka to amend its ordinance to accept the LMCD ordinance over the Lake. Councilmember Zerby commented that if everyone has a different ordinance the communities around the lake would have to be delineated by buoys. Councilmember Siakel asked Mr. Sylvester if anyone at the LMCD has solicited feedback from the Water Patrol. Mr. Sylvester stated he is not sure. Councilmember Woodruff reiterated the City's ordinance already prohibits bow fishing. He stated it is his understanding that some of the fourteen member cities do not prohibit the use of bows in their jurisdiction. He then stated the situation is one of patchwork jurisdiction. He commented that when a person is on the Lake it is difficult to determine the cities' borders. He stated bow fishing has been around for a while and he that he is appreciative that the LMCD is trying to clarify the regulations by having a consistent ordinance. Councilmember Siakel asked Mr. Sylvester if there was a situation that occurred that brought this to the forefront. Mr. Sylvester responded he is not aware of any specific incident that occurred. He stated the LMCD, which has the oversight responsibility for the Lake, sees this as an issue that is confusing. Siakel stated there needs to be consistency between the member cities. She then stated that ultimately the people who are going to have to enforce it are those who work for the Water Patrol. Mr. Sylvester explained a subcommittee of the LMCD Aquatic Invasive Species (AIS) Task Force is developing a Lake -wide Vegetation Management Plan. The rough draft of the Plan should be available for the LMCD Board to discuss during its October 17, 2012, meeting. Once the Plan has been approved by the LMCD Board it should be sent to the member cities. Mayor Liz6e stated she is pleased to hear that is moving forward because it has been a long time in coming. Mayor Lizde stated based on this discussion it seems that Council is interested in finding out how the LMCD could draft an ordinance that could be adopted by all of the LMCD member cities. She recommended Mr. Sylvester ask the LMCD Board how it would be enforced and to solicit the feedback from the Water Patrol. Mayor Liz& thanked Mr. Sylvester for coming this evening. B. Report on Lake Minnetonka Communications Commission (LMCC) Activities and 2013 LMCC Budget CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 5 of 14 Mayor Lizee noted that Tom Fletcher, the Chair of the Lake Minnetonka Communications Committee (LMCC) 2013 Budget Committee, is present this evening to highlight the proposed LMCC 2013 Budget. Tom Fletcher noted that he is a member of the Greenwood Council, and that he is the Chair of the LMCC Franchise Renewal Committee and also the LMCC Treasurer. He explained that from an operating perspective the 2012 Budget was $688,442. It is projected to be $696,176 for 2013. Those figures include capital expenditures as well. The plan is to put more money into capital for 2013, with over one half of being for the upgrade of recording equipment and cameras for things related to recording of government meetings. Councihnember Zerby explained the LMCC's budget is not funded through tax payer dollars. He also explained it is funded through franchise fees and PEG (public, education and government) fees for cable television subscribers. There are seventeen LMCC member cities. A majority of them must approve a budget. Mr. Fletcher stated that in affect the residents in Shorewood pay approximately $90,000 total (from an approximately 5 percent franchise fee and the PEG fee) on their cable television bills to the LMCC. The PEG fee is proposed to be increased to $1.20 from the current rate of $0.85 per month. Revenues are projected to increase from approximately $644,000 to approximately $696,000. Councimember Zerby stated the increases for technology were considered a priority for city government communications. Mr. Fletcher explained another thing that is driving the increase in the budget is the fact that agenda parsing was implemented in 2011 and that required the addition of a part-time employee. That is one of the reasons the 2012 Budget is operating at a deficit. He noted the LMCC paid off its contract for deed on its building in 2012.14c explained it's estimated the 2012 year -end fund balance will be in the ball park of $400,000. The balance includes accounts receivable from Mediacom which is about $200,000 of that. It results in the LMCC having around $200,000 in the bank. The LMCC receives one key check each quarter and that is from Mediacom, and the LMCC's expenses are about $175,000 per quarter. Therefore, he thought it prudent to have about a $200,000 balance at the end of each quarter. In response to a comment from Councimember Woodruff, Mr. Fletcher explained the LMCC installed new studio fighting at the end of 2011. CouncIlmember Woodruff stated the City's representative to the LMCC had mentioned to Council that it appears that there is starting to be an erosion in the Mediacom cable television subscriber base. He asked if that is really going to become an issue. Mr. Fletcher stated the LMCC is concerned about that because it appears things have flattened off. He noted the LMCC does not get any revenues from people downloading things from or viewing things on the LMCC's website. He explained there used to be a 3 — 5 percent increase in revenues from franchise and PEG fees. He stated it appears that nationwide cable companies are selling fewer people on cable. He noted that it will be likely to see an increase in the franchise fee which is based on the cable bill. CouncIlmember Zerby stated there seems to be some interest from a few other cities in using the LMCC's services. Councimember Hotvet asked if live streaming of meetings anticipated for 2014. Mr. Fletcher stated that is very speculative at best. He noted that would require a city to have internet bandwidth to the LMCC. Mayor Lizee asked Mr. Fletcher if the LMCC is looking for the City to approve the expenses and equipment budget as presented in the amount of $696,176. Mr. Fletcher noted that a 10 percent CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 6 of 14 contingency is not part of those expenses. Liz& then asked if that means it would be the $696,176 plus the $69,617 contingency. Mr. Fletcher responded that is correct. Councilmember Hotvet stated that adds up to be $765,793. Liz6e also asked if the LMCC Executive Director will come and present a more detailed budget if Council approves the budget this evening. Mr. Fletcher clarified this is the only presentation. Woodruff moved, Zerby seconded, approving the 2013 Lake Minnetonka Communications Commission 2013 Budget as presented in the amount of $696,176 plus a 10 percent contingency in the amount of $69,617. Motion passed 5 /0. Mr. Fletcher noted the LMCC's franchise agreement with Mediacom is up at the end of 2013. He explained the LMCC has hired consultants to assist with that renewal process. One consultant is doing audits on the condition of the Mediacom system. The other consultant is assessing the various needs so they can be addressed as part of the negotiation. He noted that the representatives to the LMCC are appointed by their respective member City Council. Mr. Pletcher stated Mediacom has made mention to some of the cities about having their own franchise agreement with Mediacom. He then stated he thought it would be to the member cities' benefits to have the LMCC represent them as a group and negotiate the renewal with the help of an attorney. He noted that typically communications commission organizations represent much larger subscriber bases than the LMCC does with its approximate 12,000 subscribers. He explained there are five LMCC member cities that are not well served. That will be a key point of negotiation with Mediacom. He encouraged Council to think about what types of services it wants from the LMCC. As a side comment, Mr. Fletcher noted that Greenwood is going to host a GTS government training session on January 12, 2013, at the Southshore Community Center. He noted that is something that Shorewood has done in the past and he attended a session hosted by Shorewood. 7. PARKS A. Report on the September 11, 2012, Park Commission Meeting Commissioner Gooch Hartmann reported on matters considered and actions taken at the September 11, 2012, Park Commission meeting (as detailed in the minutes of that meeting). Mayor Liz& stated the Park Commission has a music in the park series and there have been a number of music events at the Commons in the City of Excelsior. She asked if the Shorewood Park Commission has spoken with the Excelsior Park Commission about working together to build the music series. She stated that could possibly generate more financial support, and that it could be a good joint program. Commissioner Gooch Hartmann stated in 2011 the Park Commission tried to generate interest in having a joint meeting of the various park commissions in the community. She noted the Shorewood Park Commission believes working collectively would be of benefit. She stated she thought it would be fabulous to have music in the various parks in this area. She then stated a process has to be developed to encourage communication between the various commissions so people understand what each commission is doing and planning to do and achieve. Mayor Liz6e suggested bringing the topic up during the GTS Government Training session that will be hosted by the City of Greenwood in January 2013. CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 7 of 14 Councilmember Siakel asked why Shorewood could not host a joint meeting of the park commissions. Commissioner Gooch Hartmann stated the Commission has never able to reach consensus with the other commissions about a date. B. Authorize Expenditure of Funds for Freeman Park Fencing Councilmember Hotvet asked Director Brown if consideration has been given to reusing some of the fencing at Freeman Park Ball Field No. 2. Brown responded that a lot of the fabric is warped because it is not secured at the bottom. Councilmember Woodruff stated he participated in the 2011 and 2012 Park Commission park tours of Freeman Park when the fencing was looked at. The fencing was in worse shape this year. Therefore, he agrees it needs to get done. He noted he does not want the funding to come out of the Park Capital Fund since the Parks Commission worked really hard on that. He suggested it come out of the Community Infrastructure Fund (CIF). Councilmember Siakel stated it is her understanding that there are funds remaining in the Park Capital Fund. Therefore, she does not recommend funding this out of the CIF. Director Brown stated it is his understanding that there are funds remaining in the Park Capital. Fund. Director DeJong stated he is not sure if there is. DeJong then stated there was an item on the consent agenda to increase a budgeted line item in the Park Capital Improvement Program (CIP) and in the Park Capital Fund by $300. Siakel reiterated it is her understanding there is funding available. Park Commissioner Gooch Hartmann stated that is her understanding, noting that Badger Park improvements have been pushed back to 2014 and some other things were pushed into this year. Director Brown noted that have number of park improvements projects have been pushed out. Therefore, the long -term impact on the budgets can be addressed at a later date. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 12 -060 "A Resolution Authorizing Expenditure of Funds for Freeman Park Fencing" for an amount not to exceed $10,000. Motion passed 510. A. Report on the September 18, 2012, Planning Commission Meeting Director Nielsen highlighted the items discussed during the September 18, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). Most of them are on this evening's agenda. B. Minor Subdivision /Combination/Wetland Buffer Amendment Applicant: Kenneth Carlson Location: 5725/5755 Ridge Road This was moved to Item 5.13 on the agenda. C. Water Policy — Connections of New Developments Mayor Liz& noted the meeting packet includes a clarification memorandum from Staff regarding the Water Policy for connection of homes in new developments. There had been a question raised during Council's September 10, 2012, meeting about that. The Policy requires homes in new developments to connect to the municipal water system. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 8 of 14 D. Proposed Comprehensive Plant Amendment — Gideon Glen Director Nielsen explained that during this year's toms of the Shorewood parks the Park Commission visited the Gideon Glen Conservation Open Space property located near County Road 19. During that visit a question was raised about who is responsible for the oversight of that property. This open space property is somewhat unique when compared to others in the City in that it has been improved to attract visitors. The Park Commission thought it would best fit under its oversight and has recommended that to the City Council. The Commission was asked how to best assign responsibility for the property to it. Staff suggested a very simple amendment to the Comprehensive Plan (Comp Plan) to clarify that. He noted the meeting packet contains a copy of a resolution amending the Comp Plan to assign oversight to the Commission. Councilmember Zerby expressed his support for doing this and his excitement about the Park Commission wanting to take this on. He asked where the funding for improvements to Gideon Glen have come from in the past and how much has been spent. IIe stated he assumes Public Works has done maintenance periodically. He recommended that funding be transferred to the Park budget so it can be properly maintained. Director Nielsen stated the Park Commission hopes the funding for this will be separate from its funding for other park related things. Nielsen then stated the money spent to date other than for the acquisition of the property has primarily been for maintenance done by Public Works. Zerby stated it should at least be maintained to the level that Public Works has done in the past. Zerby moved, Hotvet seconded, Adopting RESOLUTION NO. 12 -062 "A Resolution Adopting an Amendment to the Shorewood Comprehensive Plan 2009 Pertaining to Gideon Glen." Mayor Lizee stated Gideon Glen was built as a partnership. Therefore, she suggested sharing the resolution with Hennepin County, the Metropolitan Council and the Mimiehaha Creek Watershed District (MCWD). She noted the MCWD is interested in helping erect signage and she suggested Staff get in contact with the MCWD. Director Nielsen stated when Gideon Glen was built there was discussion about signage acknowledging the joint efforts of the various parties; primarily the MCWD and Shorewood. Nielsen related that the Park Commission would like the signage to be consistent with the monument signage installed in the City's parks. Motion passed 5/0. 9. ENGINEERING /PUBLIC WORKS A. Authorize Expenditure of Fund for Landscape Design of Silver Lake Engineer Landini explained that during its September 10, 2012, meeting Council directed Staff to have a landscape plan prepared for the Silver Lake Sediment Trap site and to have the landscaping done this year. He met with Candace Amberg, a Senior Landscape Architect with WSB & Associates, and Ms. Amberg came up with a proposed fee of $3,200 to create a landscape plan, collect bids and recommend a landscaping firm. He noted that Ms. Amberg stated that it may not be in the City's best financial interest to plant this year because the City would pay a premium. He stated that he explained to Ms. Amberg the direction Staff had been given. He noted that Staff is seeking direction from Council on what to do. Councilmember Zerby stated the proposal from Ms. Amberg talks about construction. He asked Engineer Landini to comment on that. Landini explained the plans and specifications would be considered construction documents. Zerby stated that sometimes a landscape plan is provided for free by the company the plantings will be purchased from. He commented that he thought $3,200 is lot of money just to be told where to put the plantings. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 9 of 14 Engineer Landini noted Council directed Staff to get this done quickly. Landini explained if he is given more time he can solicit some design/build quotes. Councilmember Woodruff stated because it would be difficult for the plantings to survive if they were planted this fall he agrees with waiting until the spring of 2013 to plant them. Then stated he thought Councilmember Zerby's comment about the cost is reasonable. He explained he thought a landscape plan would be a little more technical than a plan for a residential back yard because it should address erosion control and low maintenance plants. He expressed his willingness to defer this to another meeting so Staff can obtain other quotes. He stated it's important to understand the purpose of the landscaping; it is not just decorative. Mayor Lizee asked Staff if this could be a project for Metro Blooms. Engineer Landini noted the Waterford Pond project is being coordinated by Metro Blooms (a non -profit organization). Landini stated Metro Blooms does have some landscape architects on its Staff, but he does not think they are registered landscape architects. Councilmember Siakel stated she understands Engineer Landini to be telling Council that he could use more time. Because the planting will not be done this year, she suggested giving Landini the time he needs to come up with a couple of options that will work for the City and for the residents in that area. Landini stated he would appreciate having more time to work on this. Landini asked Council to provide him direction on the design/build option with Metro Blooms or with some other for -profit landscape firm. Councilmember Woodruff stated Metro Blooms has a fair amount of experience with installing erosion control rain gardens and so forth. He then stated Metro Blooms has to decide if it could meet the requirements the City has for this site. He suggested Staff think about this and bring it back to Council during a not -to- distant future meeting. Councilmember Zerby stated he supports doing this but he had a bit of sticker shock with the $3,200 cost for a plan. He noted he has read the various entails from one resident who suggested purchasing plantings from Home Depot. There is a big price gap between that and the $3,200 which does not include the plants or planting them. Councilmember Woodruff stated the resident Councilmember Zerby referred to has some idea of what she would like to see. But, he is not sure that is all that is needed. He suggested staff contact the Riley Purgatory Bluff Creek Watershed District (RPBCWD) to find out if it would be willing to participate in the funding for the landscaping if it can be shown that it will help manage some of the erosion control for the site. Engineer Landim noted the RPBCWD has a grant procedure for projects. B. Metropolitan Council Force Main Cooperative Project Mayor Lizde stated the meeting packet contains a draft resolution regarding five possible cooperative projects that could be included in the Metropolitan Council's (Met Council's) Force Main Upgrade Project. Engineer Landini explained that during its September 10, 2012, work session Council had Met Council do a presentation about its Force Main Upgrade Project. As part of that discussion Staff presented five possible cooperative projects. The resolution allows Council to select any of or all of the five projects for inclusion. The projects include: 1) a separation of Lift Station 11's force main pipe completely from Met Council's force main (Lift Station 11 would then discharge directly to the gravity flow system); 2) a water interconnect with the City of Excelsior; 3) a redundant Highway 7 watermain crossing; 4) a trail extension from Manor Road to Barrington Way along Excelsior Boulevard; and, 5) some storm sewer to help drain CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 10 of 14 Excelsior Boulevard. There are cost implications for each of the projects that would have to be included in the Capital Improvement Program. He noted high level estimates are included in the Staff memorandum. Mayor Lizde stated a Met Council representative discussed its Force Main Upgrade Project thoroughly during the September 10 work session. She expressed her appreciation for Staff providing the information and for the format of the draft resolution. Lizee moved, Zerby seconded, Adopting RESOLUTION NO., 12 -063 "A Resolution Authorizing the Mayor and City Administrator to Negotiate a Cooperative Agreement with the Metropolitan Council for Projects to be Included in Their Force Main Upgrade Project" and recommending all five projects identified by Staff be included. Councilmember Woodruff stated there are two alternatives identified for the Lift Station separation project. He asked what the reason would be for wanting to do the more expensive of the two. Engineer Landini explained if the force main were separated entirely and the City's pipe from Lift Station I 1 to the gravity system were replaced it would cost the sum of the two options. Woodruff asked what the advantage would be of replacing the pipe. Landini explained that currently the sewage is being pumped through a 41- year -old ductile iron pipe. The condition of that pipe is not known because it is not possible to televise that short of a segment of pipe. Once that area is excavated open cuts could be taken of that pipe to assess the condition of the pipe. Councilmember Siakel noted the City will have the option to opt out of doing any or all of the recommended projects at a later day. Engineer Landini noted the agreement with the Met Council will contain an out clause at the time of bid opening. Councilmember Woodruff commented it is his recollection that the City needed to tell the Met Council what projects it wanted to potentially include by the end of this month. He noted he is comfortable with what is being proposed. He also noted that the Storm Sewer Fund is going to run out of money pretty quick. He stated he thought the storm sewer drainage project needs to be done no matter what. Councilmember Zerby noted that adopting this resolution is not authorizing the expenditure of funds Motion passed 510. C. Smithtown Trail Engineer Landini explained Council approved a feasibility study for the trail segment from the Shorewood /Victoria boarder to the LRT Trail. There are some critical path items for that project that must be addressed. One is the wetland delineation on the south side of Smithtown Road at the Boulder Bridge Drive intersection. Wetlands need to be delineated during the growing season which is quickly coming to an end. He noted that Staff is asking Council for authorization to work with W SB & Associates to obtain an approved wetland delineation for an amount not to exceed $1,341. He stated another critical path item is easement acquisition and that will be brought to Council at a later date. Staff recommends holding a public information meeting about the proposed trail segment on Thursday, November 15, 2012. Woodruff moved, Siakel seconded, directing Staff to work with WSB & Associates for wetland delineation for an amount not to exceed $1,341 and to save the date of Thursday, November 15, 2012, for a trail public information meeting. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 11 of 14 10. GENERAL /NEW BUSINESS Mayor Lizee stated a resident who lives along Galpin Lake Road is present this evening to talk about interest he and some of his neighbors have in the City's Trail Plan. Andrew Morrow, 5935 Galpin Lake Road stated he has four daughters, three of which who attend Excelsior Elementary School. He noted they cannot walk or bike anywhere from their home without being on a roadway that has a 25 miles per hour (MPH) posted speed limit. Drivers tend to travel at a speed of around 40 mph. He expressed interest in seeing that trail connected. He stated he thought that trail segment project could be broken into two parts. One is the Highway 7 segment from Oak Street to Galpin Lake Road and that would be a Minnesota Department of Transportation (MnDOT) project. The second is the segment from the City of Chanhassen border to Highway 7. He thought the first component would add a lot of value because it would enable people who are already in the area to cross Highway 7, noting they cannot do that today. He noted there is already a push button and a light because of the college point extension in Galpin Lake. To utilize that for anyone coming up from Galpin Lake Road would enable that piece. He asked Council to consider doing that one segment before 2015 which is the timetable in the Trail Plan for when the entire segment may come up for consideration. Mayor Lizee stated the Galpin Lake Road neighborhood has expressed interest in the past. Councilmember Hotvet asked Mr. Morrow if he has looked at the Trail Plan. Mr. Morrow stated he briefly looked at it this evening for the first time. Hotvet stated the Trail Plan Committee is aware that a lot of residents in that neighborhood are interested in trails. Mr. Morrow noted a lot of young children live in that area. Councilmember Woodruff asked Mr. Morrow if he is suggesting that something be done with the crossing area at Highway 7 sooner than it is planned for consideration. Mr. Morrow noted there is already a sufficient crossing there. Mr. Morrow explained he is asking for the piece that takes a person from Oak Street to Galpin Lake Road along IIighway 7. Woodruff stated he thought it would be useful to have Staff contact MnDOT to find out what it would take to get something done. He concurred with Mr. Morrow that it would be a MnDOT project because it would be in the Highway 7 right of way. He stated he was not sure if MnDOT would expect Shorewood to participate in the funding. Park Commissioner Gooch Hartmann stated it was her recollection that having an overpass in that area had been discussed at one time. Councilmember Siakel stated she thought an underpass had been discussed. Mayor Lizee stated an underpass would have to be from the west because of the water tables in that area, and that overpasses are extremely expensive. Mayor Lizee stated she thought this is a great opportunity to work more with Mr. Morrow and his neighbors as well as with the City of Excelsior because children attend the elementary school there. It would be a wonderful community collaboration effort. She asked Mr. Morrow to provide Staff with his contact information. Mr. Morrow noted he has given Director Nielsen that information. Mr. Morrow stated each fall there is somewhat of annual push to get people who five in Excelsior to walk more. Councilmember Hotvet stated the hope is to approach the Smithtown West trail segment in partnership with the Minnewashta Elementary School. Maybe that could set a precedent for working with the elementary school in Excelsior. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 12 of 14 Mr. Morrow offered to try and bring other residents and/or other entities to the table. Councilmember Hotvet encouraged Mr. Morrow to attend the November 15, 2012, meeting about trails. Councilmember Siakel encouraged Mr. Morrow and his neighbors to give some thought to what type of trail he and his residents envision. Mr. Morrow noted that Chanhassen has a trail that ends at the border with the City. Il. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Financial Report Director DeJong stated the meeting packet contains a copy of the August 2012 Monthly Budget Report. The budget is about normal for this time of the year. The packet contains a copy of snapshots of other operating funds. He noted the Southshore Community Center (SSCC) budget is under in revenues year - to -date and it is likely to finish the year below budget. Through August revenues were approximately $39,000 and for the same period in 2010 and 2011 they were approximately $44,000. It is likely the SSCC will end up over budget in expenditures because the budget was not amended to reflect the increase in the SSCC coordinator's contract approved in January 2012. DeJong then stated the certification letters have been mailed out to residents whose utility bills are three or more months delinquent. DeJong went on to state a property owner has contacted the City who is possibly interested in connecting to the municipal water system. That resident wondered how long the connection fee could be assessed for and what the interest rate would be for the assessment levy. He explained some municipalities assess for 5 — 10 years for things such as private utilities (e.g., from the house to the sewer system). The interest rates vary significantly. He then explained that typically when special assessments are levied in conjunction with a construction project where funding was from bonding the rule of thumb has been about 2 percent over the long -term interest rate for the bond issue. Ile stated the only interest rate he could share with the property owner is the 8 percent rate levied on the certification of delinquent utilities. The property owner indicated that is not much of an incentive to connect to municipal water when he refinanced his mortgage on his home at an interest rate less than 3 percent on a 10 -year basis. That individual asked if the City could come up with a better interest rate. Mayor Lizee expressed her hope that Council could agree to a more attractive interest rate. She noted the City has moved away from the applicant coming to the Council when it would like the connection charge assessed. She commented that she thought it had been a low rate. She asked Staff to come up with some options for Council to consider. Councilmember Zerby suggested having an interest rate that is tied things such as the prune rate or prime rate plus some percent. That would make the rate competitive. Councilmember Woodruff commented there is also a municipal bond interest rate that could be used. He stated a previous council discussed various financing options some years ago. It is his recollection that the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 13 of 14 City provided the financing for some property owners. He asked Staff to research what precedent there may be. He commented that the previous finance director had indicated there were multiple options; assess for it on the property tax bill with Hennepin County; the City could provide the financing; or, finance it through a financial lending institution. He noted he thought it would be okay for the City to provide financing because there is a lot of money in the Water Fund that could be applied to this. 2. October 3, 2012, Shorewood Candidate Forum and Absentee Voting Mayor Lizde noted that the meeting packet contains a memorandum from Deputy Clerk Panchyshyn about the South Tonka League of Women Voters sponsoring a Shorewood City Council Candidate Forum on October 3, 2012, at 7:00 P.M. in the Council Chamber. The Forum will be recorded by the Lake Minnetonka Communications Commission and played on Mediacom cable television. Councilmember Siakel noted the Candidate Forum for the Excelsior City Council is scheduled for October 9 at the Southshore Center and immediately following that Forum there will be discussion about an amendment to Excelsior's Charter. She stated Excelsior does have an impact on the Shorewood residents' quality of life. She encouraged interested residents to attend. Other Director Nielsen stated Steven Kircher, an Eagle Scout candidate, has completed his project to build and install message boards in the City-owned parks and to build a Little Free Library (LFL) that is located near the message board in Badger Park. He noted that Mr. Kircher constructed signs for each of the seven parks; the original plan was to build boards for maybe one half of the parks. He explained the boards are built to spec and built very efficiently. Mr. Kircher came in under budget. He noted the City had budgeted approximately $4,000 for park message boards, and it appears that will have been done for just under $900. He stated Mr. Kircher solicited donations to register the LFL and one person volunteered to cover what donations did not. He then stated Mr. Kircher was an absolute pleasure to work with. Councilmember Hotvet asked if something will be published in the Shore Report. Director Nielsen stated it will be. Councilmember Zerby commented that there was an article published the past weekend in the Star Tribune Newspaper about LFLs. Councilmember Woodruff suggested the Eagle Scout candidates and their families who did projects for the City be invited to the recognition event hosted by Council in December. B. Mayor and City Council Councilmember Hmvet stated she attended the third and final meeting of the League of Minnesota Cities Improving Service Delivery Policy Committee. She noted she will be distributing the recommendations the Committee will make to the State Legislature. Councilmember Zerby stated he attended the movie in the park event put on by the City's Park Commission. The event was well attended and the movie was great. He then stated he attended a Metropolitan Council workshop regarding the Force Main Upgrade Project. He thanked Met Council for hosting that workshop and for the informative presentation. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 24, 2012 Page 14 of 14 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of September 24, 2012, at 8:36 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder 1 Christine Lizee, Mayor S. Joynds,lIntirim City Administrator /Clerk