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11-13-12 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 13, 2012 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Liz& called the meeting to order at 7:17 P.M. A. Roll Call Present. Mayor Liz6e; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; biterim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; and Director of Public Works Brown Absent: None. B. Review Agenda Mayor Lizee asked that Item 9.0 be continued to the November 26, 2012, City Council regular meeting. Zerby moved, Siakel seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 22, 2012 Woodruff moved, Hotvet seconded, Approving the City Council Work Session Minutes of October 22, 2012, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 22, 2012 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of October 22, 2012, as presented. Motion passed 510. C. City Council Special Meeting Minutes, October 29, 2012 Woodruff moved, Siakel seconded, Approving the City Council Special Meeting Minutes of October 29, 2012, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz6e reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 2 of 9 B. Adopting RESOLUTION NO. 12 -070 f° A Resolution Authorizing Fund Equity Transfers." C. Prosecuting Attorney Contract D. Accept Donations for Arctic Fever Councilmember Woodruff stated in the verified claims there is a duplicate payment to Century Link in the amount of $131.22. He noted that lie had spoken with Director DeJong about removing it. 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 None. 7. PARKS None. 8. PLANNING A. Accepting the Smithtown Trail Feasibility Study Director Brown introduced Steve Gurney with WSB & Associates. He explained that Mr. Gurney is one of the lead consultants the City uses. The City commissioned Mr. Gurney to prepare a Feasibility Report for the trail segment from the Shorewood/Victoria border to the Minnewashta Elementary School (the Smithtown west segment) and then on to the LRT Trail at Eureka Road (the Smithtown east segment). Mr. Gurney explained WSB took a very straight forward approach in preparing the Feasibility Report per the Council's direction related to the trail's location and type. The trail will be a 6 -foot wide concrete sidewalk that matches the look of the sidewalk in Victoria, and there will be a curb on the south side of the road. There are some stormwater drainage issues that have to be addressed. There are also a few signs, mailboxes and watermain that will have to be dealt with. Mr. Gurney then explained that at the cross section the water currently drains off the roadway. After curb and gutter is installed the stormwater will be trapped. To address that stormwater will have to be directed off the road to the storm sewer. There is an area back behind the curb and the sidewalk that is lost for storage due to the fill from the trail. That storage loss is something that will have to be dealt with throughout the corridor. In most places it should be possible to contain the stormwater within the right-of- way (ROW), but there will be a need to obtain some drainage and utility easements. He noted that figures 3 — 13 in the Report identify the properties with the drainage and utility easements. He explained that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 3 of 9 there are some spots where ROW is needed. There is some question as to whether or not properties will have to have the ROW secured again if it was done before. During the process of obtaining easements the ROW status will be verified. With regard to cost, Mr. Gurney explained this type of construction (concrete sidewalk and curb and gutter) is relatively expensive. The approximate cost for both segments is $1.4 million. Replacing concrete with bituminous would save approximately $200,000. Placing a portion of the trail on the north side of Smithtown Road would save approximately $100,000. Councilmember Hotvet asked if it would be beneficial for property owners to hook up to watermain if/when the trail is constructed. Mr. Gurney explained that when watermain was installed service connections were also installed at the residential property borders. It is the property owner's responsibility to make the connection. He stated when the trail is being installed it would be a good time to make the connections because the City could probably restore the area at the property border when it restores the area being disturbed for the trail. Councilmember Woodruff stated the existing watermain will end up being under the concrete sidewalk. He asked if that is going to be an issue from a maintenance perspective. Director Brown stated he thought that warrants some consideration. Brown explained watermain breaks are complicated enough, and adding a concrete walk complicates it more. Councilmember Zerby stated concrete sidewalks are usually segmented, so only some segments would have to be replaced. Brown explained contractors aren't very interested in mobilizing to deal with small sections of concrete sidewalks and curbs and gutters. Councilmember Hotvet asked if a watermain break would also affect part of the roadway. Brown explained a break in the existing 16 -inch watermain would take out the roadway from just beyond the center line to almost the ROW line. Brown noted that when the South East Water Tower was emptied out 450,000 gallons of water came out in 13 minutes. Councilmember Zerby stated he thinks the feasibility study is very thorough. He thinks it is a great design and it will match the trail in Victoria that ends at the Shorewood border. He explained the City already has 2 feet to build the trail in the existing striped area. Therefore, the City only needs an additional 4 feet of width. That is minimally invasive to the community as a whole. He stated the City's bituminous trails seem to suffer more than concrete sidewalks in Minnesota winters and from tree roots. He then stated curbing is a nice feature from the perspective of stormwater control and safety to some degree. He went on to state the City has been waiting for a long for a safe path to get out of the cul -de -sacs. He noted that Councilmember Woodruff has discussed biking on trails. He stated the tails are very suitable for amateur bicyclists, noting the "professional" bicyclists won't bike on them. He expressed his enthusiasm for presenting the plan for these trail segments to the community during the open house that will be held at the Minnewashta Elementary School on November 15"'. Councilmember Hotvet encouraged everyone to be creative about the approach to funding. She stated the resident survey results indicate people are looking for more safe walkways. She then stated doing this would also help mitigate the stormwater drainage issues along that route. She noted she is very enthusiastic and supportive for the design and plan presented. Councilmember Woodruff extended his thanks to Mr. Gurney for his usual good job, noting it is a good Report. Councilmember Siakel stated it is nice to have a comprehensive plan about what needs to be done. She noted there are several cities that have sidewalks that end at the Shorewood border. She stated she supports doing this. It should have been done a long time ago. It is time the City moves forward with it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 4 of 9 She noted she is looking forward to the open house on November 15 " She thanked Mr. Gurney for his work. Mayor Lizde stated she anticipates there will be a lot of comment and participation at the open house. Mr. Gurney noted he intends to have a number of visuals for the open house. Mayor Liz& noted that a great visual is Victoria's sidewalk along Smithtown Road. Mayor Liz6e stated this has been in the making for more than a decade. She noted that Mr. Gurney was involved in doing the analysis of drainage problem areas in the City; therefore, he is well aware of the drainage issues in this area. She stated the resident survey confirms the community wants walkability in the neighborhoods. It is not walkable along Smithtown Road. She explained she lived along Smithtown Road for 13 years and raised two children and they were not allowed to ride their bicycles to Minnewashta Elementary School. She stated representatives in the School District are asking for people to walk or ride bicycles to school. That can't happen at the Elementary School. There is the same issue at the elementary school located in the City of Excelsior. She then stated that when Victoria built its sidewalk she started to receive phone calls from residents in Shorewood asking when the City was going to build a sidewalk. She expressed her appreciation for the quick turnaround by Staff and WSB on the feasibility study and Report. Councilmember Hotvet noted the open house will be held in the Media Center in the Minnewashta Elementary School from 6:30 P.M. — 8:00 P.M. and that it is being held in partnership with the School. Parking will be limited so she encouraged residents to carpool. Zerby moved, Hotvet seconded, accepting the feasibility report for the Smithtown West and Smithtown East trail segments, pursuing edge control and concrete trail surface, using the Trail Fund supplemented with Minnesota Department of Transportation Minnesota State Aid funds and Storm Water Funds, and directing Staff to aggressively apply for grants. Motion passed 510. Mayor Liz6e thanked Mr. Gurney for coming this evening. 9. ENGINEERING/PUBLIC WORKS A. Review Draft Report for Lake Minnetonka Regional Trail Crossing Director Brown explained Three Rivers Park District (TRPD) commissioned a draft feasibility report to investigate options for improving the trail crossing of the Lake Minnetonka Light Rail Trail (LRT) at County State Aid Highway (CSAH) 19 (also known as Manitou Road). A copy of the Grade Separated Trail Crossing Feasibility Study Report (the Report) is included in the meeting packet. He noted that the agencies that have a direct interest in the project are TRPD, the Cities of Shorewood and Tonka Bay, and the Hennepin County Regional Rail Authority (HCRRA). Brown then explained the preferred option is a grade separate crossing (or overpass) as a steel truss bridge. He noted that a few years ago the City of Shorewood along with Hennepin County talked about an underpass for this particular crossing. But, because of the high water table and the number of utilities that would be impacted that option was determined not to be feasible from a technical perspective. He explained the overall bridge length between the spans is 635 feet. The approaches are approximately 405 feet. The main span will have a minimum clearance height of 17 feet 4 inches above the existing grade of County Road 19. The feasibility report indicates TRPD wants to stay with a uniform grade for the ramps without creating landings to make it ADA accessible. The proposed structure would be constructed to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 5 of 9 withstand the load of maintenance equipment. Representatives from TRPD have indicated a single -axel dump truck could be driven across that bridge. Brown noted that he had asked TRPD representatives what is the expected participation of the two Cities. TRPD stated they were to approve the project. The project would be funded with federal funds and funds from TRPD's capital improvement fund. The two Cities are not expected to participate financially. He also noted that he had asked what the two Cities maintenance responsibilities would be. TRPD stated it would be solely responsible for maintenance. Brown displayed an image of the proposed truss bridge. He explained it would be largely a metal bridge. TRPD terms it a south painting structure (also referred to as rust colored) but that will be finalized during the design process. Brown explained Hennepin County proposes there be a detour route that would merge with the LRT and go through Manitou Park and cross at County Road 19. He noted he expressed to TRPD and Hennepin County representatives that during construction he would still like there to be a refuge for people using that temporary crossing during construction. He stated the current center island that was constructed a few years ago has proven to be very worthwhile when people using the LRT try to cross both lanes of County Road 19. Brown stated the cost for the preferred option ranges between approximately $2.8 million and $3.1 million. The proposed schedule indicates the project would be in the design phase in 2013 and the first half of 2014 and in the construction phase the second half of 2014 and the first half of 2015. A July 2015 opening is anticipated. Brown noted that no Council action is required this evening. He asked Council to submit any comments they have to Staff. He explained Council will be asked to consider adopting a resolution accepting the Report and stating the City supports the project during its November 26, 2012, meeting. Mayor Lizde suggested Councilmembers submit their comments about the Report to Staff via email. Councilmember Woodruff stated he thought this is great, and noted that it has been talked about for four years. He mentioned that on pages 4 and 8 of the Report there is a comment that "No sidewalks or trails run along CSAH 19 ... that would require a more direct connection ". He recommended the language in those two areas be adjusted because the City intends to construct a segment of trail in that area. Councilmember Siakel asked where the City's proposed trail segment (sidewalk) would connect with the crossing. She agreed that the crossing needs to be constructed. She stated the look of the metal "cage" has somewhat of a boxy look. She questioned if there could be an opportunity for a local artist to contribute to improving the appearance of bridge. Maybe a little creativity could be used to make it more aesthetically appealing. She clarified she did not want to come across as being ungrateful. Councilmember Zerby asked for clarification that there are no spiral ramps at the ends. Director Brown responded that is correct. Brown noted TRPD did consider a couple of alternatives with one being a spiral ramp and determined that there is not enough right -of -way (ROW) to be able to do that. Director Brown explained TRPD considered whether or not the crossing should be located to one side of the ROW for the LRT in order to leave room for any future installation of light rail transit. TRPD decided to leave the location as proposed in the center of the ROW and if light rail ever came to fruition the bridge would have to be moved. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 6 of 9 Councilmember Zerby asked if the traffic calming island will remain. Director Brown responded it would. Brown explained the reason for that is because it is difficult for pedestrians to negotiate both lanes of a roadway at once on roadways where the speed of vehicles approaches 40 miles per hour. Being able to stop at the center island allows them time to assess the situation. Councilmember Woodruff stated he did not think there should be any pedestrians crossing at the street level after the bridge is built, and that leaving the island in would encourage that and he does not think that should be encouraged. Director Nielsen noted the Report states that some people will still cross under the bridge and therefore leaving the island in would be a good idea. Nielsen agreed with Councilmember Siakel that Staff has to talk with TRPD about how to get from the proposed sidewalk (trail segment along County Road 19) to the ramp. Councilmember Woodruff stated there is an underpass at State Highway 7 for the Dakota Trail. He commented that there are people who do not like to cross in that tunnel so they cross at the roadway level which can be dangerous. He recommended the City do everything it can do discourage people from crossing at grade level after the bridge is built. He commented that the City of Mound has reconstructed the crossing of the Dakota Trail at County Road 15 in Mound. It requires people to go down the sidewalk parallel to County Road 15 for a while before they can cross. He recommended something similar be done for the crossing at County Road 19. He stated from his perspective leaving the island in place would be a mistake. Councilmember Zerby stated he assumed the clearance height of the bridge is standard and would allow semi- trailer trucks to pass underneath it. Director Brown stated because it is a County State Aid Highway it has to comply with State Aid Standards for bridge crossings. B. Coal Tar -Based Driveway Seal Ordinance Director Brown noted that James Landini, the former engineer for the City, prepared the information in the meeting packet for the discussion about banning the use of coal tar -based sealants in the City. He explained coal tar -based sealant products have been proven to be carcinogenic. A number of agencies have implemented regulations to prohibit the use or sale of them. He then explained if the City adopts an ordinance to ban those products it would enable the City to apply for the polycyclic aromatic hydrocarbons (PAH) contaminated sediment cleanup grant. He noted the meeting packet contains a copy of such a draft ordinance that needs to be put into final form. Mayor Lizde noted this was discussed by the then council a few years ago. She then noted a number of cities in Minnesota have adopted such an ordinance. She also noted that there was an article in the November 9, 2012, edition of the Star Tribune Newspaper that talked about the extensive costs to remove contaminated sludge from stormwater ponds. She stated adopting an ordinance that bans coal tar -based sealants is very timely. It would enable the City to be considered for funding to cleanup stormwater ponds. Councilmember Siakel stated she agrees that it is timely. Councilmember Woodruff stated he understands the hazards of using coal tar -based sealants. He expressed his disappointment that this is not addressed at the State level. It should be a state law similar to the state law that bans the use of fertilizer that contains phosphorous. He expressed concern about the City adopting an ordinance that it cannot effectively enforce. He clarified he is not opposed to adopting such an ordinance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 7 of 9 Mayor Liz6e noted that the City of Shorewood took a stand and banned the use and sale of fertilizers that contained phosphorous in the City. Other communities and fertilizer companies were not supportive of the stand the City took at that time. She stated the City could enforce a ban on the sale of sealants in hardware stores located in the City. When the City issues blacktopping or sealant licenses it can enforce the ban on coal tar -based sealants. She then stated that maybe if enough cities adopt such ordinances the State may decide to make it a state law. Councilmember Woodruff noted the draft ordinance only bans the use of coal tar -based sealants. It does not ban the sale of them. That needs to be added. Councilmember Siakel stated she thought banning the use and sale of coal tar -based sealants is a good thing to do. Councilmember Woodruff commented that any water body in the City that the City has to maintain likely has PAHs in it. Siakel moved, Hotvet seconded, directing Staff to finalize an ordinance prohibiting the use and sale of coal tar -based sealant products within the City of Shorewood and to place it on the November 26, 2012, Council meeting agenda for consideration. Motion passed 510. C. Easement Acquisition — Smithtown Trail This item was continued to the November 26, 2012, City Council meeting. 10. GENERAL/NEW BUSINESS A. Certification of Delinquent Charges Director DeJong explained it is standard practice for the City to certify delinquent, unpaid charges to Hennepin County to be levied against the respective properties for collection the next year. The meeting packet contains a list of the delinquent charges. This year there is approximately $46,500 in delinquent, unpaid charges. That amount compares favorably with the $40,000 - $49,000 range of past years. If customers pay their delinquent charges off prior to the end of the year their charges can be removed from the certification files with Hennepin County. Those certified to the County will be collected as other taxes and assessments along with the other 2013 taxes. Councilmember Hotvet asked if the two properties that receive water service from the City of Chanhassen are delinquent for the first time. Director DeJong noted they are the same two properties that were certified last year. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO 12 -071 "A Resolution Directing Delinquent Sanitary Sewer Charges, Water Charges, Storm Water Management Utility Charges, Recycling Charges, Dry Hydrant Charges, and Other Delinquent Charges for City Services be Placed on the 2013 Property Tax Rolls ". Motion passed 510. 11. OLD BUSINESS None. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 8 of 9 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Quarterly Investment Report Director DeJong noted that he distributed a copy of the quarterly investment report this evening. It had inadvertently been left out of the meeting packet. He explained that in some instances where there is a large loss it is really an investment that was purchased with accrued interest. That gets paid out at the time the interest comes out; it washes itself out in the accounting system. He noted the City does not have dramatic losses in any of its investments. 2. Uncollectible Accounts Receivable Director DeJong stated Staff has been able to collect a fair amount of the outstanding accounts receivables identified earlier in the year, There is still some work left to do. He noted Staff will be asking to write off those that are uncollectable in March of 2013 prior to the 2012 audit. 3. Status Report on City Administrator Applications Interim Administrator Joynes noted that to date the City has received 19 applications for the open city administrator position. The acceptance of applications will close on November 20` He explained that 10 of the applicants are Minnesota residents. All of the applicants have at least a bachelor's degree, and 14 of them have a master's degree or higher. Eleven of them have administrative experience in communities. The average amount of experience is 10 —11 years. Mayor Lizee suggested the Personnel Committee (Lizee, Siakel and Joynes) meet the following week to review the applications. Other Director Nielsen stated he received a message from a representative with the Metro Bowhunters Resource Base (MBRB) about this year's Deer Management Program. After four weekends 33 deer have been harvested. That amount is either equal to or one more than in 2011. A fifth harvesting weekend is tentatively scheduled. He then stated Hennepin County has asked if the City wants to again participate in the deer aerial survey. He assumes that is the case unless told otherwise. Mayor Lizee noted her yard is one of the harvesting sites. She stated a MBRB representative has been in contact with her to find out what time of day the deer tend to be in her yard and how many of them. The harvesters have been very responsive to her neighbors. To date a few deer have been harvested in her neighborhood. But, she has not seen any bowhunters. She expressed her appreciation for the great job they are doing. She commended Council form implementing the Program a few years ago. A. Mayor and City Council Councilmember Woodruff thanked Deputy Clerk Panchyshyn for her hard work on the election. Mayor Lizee stated has not heard one complaint about the election process. She thanked Deputy Clerk Panchyshyn and the election judges for their efforts, including the outstanding training that Panchyshyn provided. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 13, 2012 Page 9 of 9 In response to a comment from Councilmember Siakel, Deputy Clerk Panchyshyn stated there were about 765 absentee voters this year and that was consistent with other years. Mayor Lizde stated the number of people registering to vote was amazing. Mayor Lizde noted that Councilmember Hotvet received the 2012 Public Service Award from the Recycling Association of Minnesota for all of her efforts in Shorewood with regard to recycling. She stated it also reflects on Hotvet's personal responsibility that she brings to the public and the community. Hotvet initiated projects in the Minnetonka School system; projects at the high school, middle schools and elementary schools. She congratulated Flotvet for being the recipient of the award. Councilmember Hotvet thanked Staff and the residents for engaging in the projects. 13. ADJOURN Hotvet moved, Woodruff seconded, Adjourning the City Council Regular Meeting of November 13, 2012, at 8:07 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: � a r Christine Lizde, Mayor S. Jo /nesilpffrim City Administrator /Clerk