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03-11-13 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 11, 2013 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Sundberg, and Woodruff; Attorney Keane; City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, Interim City Engineer Hornby Absent: Councilmember Siakel B. Review Agenda Woodruff moved, Sundberg seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 25, 2013 Hotvet moved, Sundberg seconded, Approving the City Council Special Meeting Minutes of February 25, 2013, as presented. Motion passed 31011 with Woodruff abstaining due to his absence at the meeting. B. City Council Regular Meeting Minutes, February 25, 2013 Sundberg moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of February 25, 2013, as presented. Motion passed 31011 with Woodruff abstaining due to his absence at the meeting. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Hotvet seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List Motion passed 4/0 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 2 of 15 None. 6. REPORTS AND PRESENTATIONS A. Report by Commissioner John Gunyou — Three Rivers Park District 4 Representative Mayor Zerby noted Three Rivers Park District (TRPD) Commissioner John Gunyou is present to give a report on TRPD activities. TRPD Board Chair Gunyou stated about one month ago he became Chair of the TRPD Board of Commissioners. He noted that he was the Minnetonka City Manager for twelve years. He retired from that position late in 2012. He stated the new Board is committed to doing a better job of reaching out to the communities the TRPD serves. He noted five of the seven members of the Board are new this year. Chair Gunyou commented the TRPD used to be known as Hennepin Parks which was formed to acquire and preserve many of the lands in Hennepin County with most of the land being in the exurban area. He noted there are 22 parks and approximately 27,000 acres in the TRPD. He explained he represents TRPD District 4. District 4 includes the Cities of Deephaven, Edina, Excelsior, Greenwood, Hopkins (except for precinct 2), Minnetonka, Orono (precinct 2), Richfield (except precincts 6 & 9), Shorewood, Tonka Bay and Woodland. Chair Gunyou stated a big part of what the TRPD does is environmental stewardship of lakes, creeks, forests and prairies. He then stated public safety is usually the top priority for residents. In Minnetonka, and he assumes in Shorewood, the natural environment is up near or at the top as well. Chair Gunyou explained there are seven Park Reserves in the TRPD with Carver Park being one. Park Reserves have in excess of 1,000 acres. The TRPD has an 80 / 20 policy; 80 percent of the acreage is preserved and up to 20 percent is developed for educational or recreational purposes. The Hyland -Bush- Anderson and Carver Park Reserves have very large natural resources nature centers and Highland has a fairly major ski area. There are eleven Regional Parks in the TRPD with the Lake Minnetonka Regional Park and the Minnetonka Islands being two of them. There are Parks with special recreational facilities in the TRPD — Gale Woods Farm (a working farm of crops and livestock), Noerenberg Gardens, Silverwood (an art related park) and The Landing (in Shakopee). He noted that in the Districts the Chair (him) and the Vice -Chair serve there are no TRPD parks in them. Chair Gunyou then explained the TRPD manages 16 regional trails (totaling 125 miles) it developed; one - half of the regional trails in the metro area. About three- fourths of the trails are used for biking. It is a multi -use trail system. Trails in the eastern part of District 4 are used by one -half a million people a year. Five regional trails come together near the depot in the City of Hopkins. Chair Gunyou stated the TRPD has a lot of the same challenges a local /regional government has. It has growing demand with a revenue base that is not growing at the same rate. The usage of the parks and trails has grown at an annual rate of 10 percent; it has doubled in the last six years. There is the challenge of the changing demographics. The baby boomers are turning to trails for recreation. He noted that one of the major things in the TRPD's mission is to connect people with nature. He stated that is easier to do in those areas in the TRPD that are close to parks and nature centers. It is more difficult to do in the first tier suburbs. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 3 of 15 Chair Gunyou noted the TRPD Board wants to do better outreach through partnerships with first tier communities. He explained connecting residents in those communities with nature will require bringing nature to them. The primary market focus will be children and seniors. The goal is to conduct a couple of pilot programs in 2013. The TRPD intends to visit some major senior housing facilities and, for example, take an owl to the site. There has been discussion about making a few site improvements, such as putting up a bird feeder in a courtyard, at a facility. He then explained the Adventure Book Club Educator fairs with the Hopkins / Minnetonka Recreation Department, the Ridgedale Library and TRPD are aimed at seniors. The fairs would be like a book club with an activity. For example, the book could be about canoeing and after reading the book the readers would take a canoe trip to connect with nature. Chair Gunyou stated there are a couple dozen educators on the TRPD staff that run the programs. The certified teachers on staff helped develop the State's graduation standards for natural resources science education. The TRPD believes it can do a better job of outreach to the schools and educators to let them know what resources the TRPD has. The TRPD has packaged curriculum. Chair Gunyou explained another area of connecting people is to inspire people to get active. The obesity crisis is something that many people are worried about and dealing with. The number of obese children and teenagers has tripped in the past 25 years. The TRPD is developing a program with a working title Active Kids Sampler. TRPD representatives are working with the Hopkins and Robbinsdale Recreation Departments to bring in activities such as rock climbing to a rec center on a Saturday to get children and teenagers active. Another working title Boomers and Beyond is the same idea but focused on seniors. Chair Gunyou stated the overpass for a safe crossing at the intersection of the Lake Minnetonka LRT Regional Trail and County Road 19 is slated to be constructed in 2014/2015. He has been told by TRPD staff that the project is going well. The expectation is there will be minimal disruption; the roadway and trail will remain open during most of the construction period. He noted he is aware of the issue about connecting the Trail to the overpass. TRPD staff has assured him that is being worked out. He stated he has always felt strongly, even as a City Manager, that the TRPD and communities need to work together more closely to make sure the trails connect. Chair Gunyou provided his contact information — jgunyou &threeriversparkdistrict.or (763) 694 -2033. He explained that prior to the five new Commissioners joining the Board there was no official way to contact commissioners. He stated the Commissioners feel strongly about being accessible. Chair Gunyou noted that he thinks the TRPD is a great organization. Councilmember Sundberg stated she has had the opportunity to live in a number of states and she finds the TRPD is among the best she has ever seen. She stated she liked the TRPD's mission. She commended the TRPD on the work that it is doing and on the trail system. She encouraged Chair Gunyou and the TRPD to let the City know how it can help through collaborative efforts. She asked how the TRPD works with other environmental groups. Does it collaborate with them? Chair Gunyou stated because it is somewhat of a close community agencies work hard not to duplicate efforts. Chair Gunyou stated there are a couple of city -owned nature centers (in Richfield and St. Louis Park). The TRPD has talked about providing instructors to augment what they do and vice versa. He then stated the TRPD has found young and old seniors have an interest in life -long learning. They are turning to things such as natural resource education because they may not have had time for it before. He went on to state when he was meeting with some of the cities he heard they did not have specialty instructors for things such as snowshoeing, cross country skiing, canoeing and so forth. He spoke with them about having TRPD staff come and teach things like that and develop micro partnerships. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 4 of 15 Councilmember Hotvet stated it would be great to have a working conversation with the TRPD about some of City's parks and planning future projects. She asked if the TRPD works closely with city -owned parks. She stated the LRT Trail goes through Shorewood but there is no TRPD facility in Shorewood. She then stated she thought it would be interesting to talk about how Shorewood parks can involve the TRPD. Chair Gunyou stated there is a tendency to think about trails as not being very integrated with the communities they pass through. One way to address that would be to do small things like putting up signage that gives a glimpse of what people can find in the cities to do and to let them know where they are. Councilmember Woodruff asked Chair Gunyou if he would stay for the next agenda item discussion Chair Gunyou stated he would. Mayor Zerby thanked Chair Gunyou for his presentation. He stated the City is willing to work with the TRPD in any way that makes sense. The area is one big community. The TRPD's parks and trails should connect to the cities. He then stated he had spoken with Wayzata Mayor Ken Wilcox earlier in the day about Wilcox's idea to create a Lake Minnetonka scenic highway. It would be a way to connect all of the trails and various roadways around the Lake. He noted he hoped the Shorewood Council could consider something like that in the future as well. Chair Gunyou stated a Lake Minnetonka Collaborative is being talked about. Director Brown stated Council has been provided with a copy of the feasibility report for the County Road 19 overpass trail crossing project. He explained he had spoken with the project managers earlier in the day and learned there are revisions to the feasibility report. Staff is in the process of downloading the revised report. It addresses the issues such as connecting with the trail. Chair Gunyou thanked Council for the opportunity. B. Report by Dick Osgood and Judd Brackett of the Lake Minnetonka Association on 2013 Milfoil Project and Funding Request Mayor Zerby welcomed Dick Osgood, Executive Director of the Lake Minnetonka Association (LMA), who is present to talk about the 2013 Eurasian Watermilfoil (milfoil) project and ask for funding. Mr. Osgood noted Jack Kimball and Judd Brackett, Bay Captains for Phelps Bay and Gideon Bay respectively, are present as well. Mr. Osgood stated six years ago large parts of Phelps Bay were not navigable because of milfoil. Three years ago a large part of Gideon Bay was not navigable for the same reason. They are navigable now. Because of that they feel the herbicide treatment of Milfoil has been successful. He noted there has been increased traffic in all five bays that were chemically treated. He stated this evening he will provide Council with an update and make a request on behalf of the Bay Captains for funding for treatment in 2013. He thanked the City for its funding support for the project for the last five years. Mr. Osgood explained the Herbicide Treatment Demonstration Project started in 2008 and it included three bays Carman, Grays and Phelps. In 2011 Gideon Bay and St. Alban's Bay were informally added to the treatment program for the final two years of the Project. The treatments were for milfoil and in some cases Curly -Leaf Pondweed (CLP). The treatments were done with selective herbicides and the problem plants were selectively targeted and native plants were not treated. The Project ended in 2012. He stated in 2012 a subset of the Lake Minnetonka Conservation District (LMCD) Aquatic Invasive Species (AIS) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 5 of 15 Task force drafted a Comprehensive Eurasian Watermilfoil and Curly -Leaf Pondweed Management Plan (the Plan). The Plan has not been adopted yet. He noted there is not a formal plan in place for 2013 herbicide treatments. He stated the hope is to continue the project pretty much as it has been in 2013. Fundraising efforts have begun. Bay Captains are approaching most of the cities in which the Bays are located for funding support. Mr. Osgood then explained for 2013 the anticipated costs are $79,000 and $42,000 for Gideon Bay and Phelps Bay respectively. The estimated income without any city contributions is $40,000 for Gideon Bay. That means $39,000 would have to be raised. The estimated income without any city contributions is $16,000 for Phelps Bay. That means $26,000 would have to be raised. Mound has committed $3,000 which brings it down to $23,000. He noted that for the first five years of the treatment program private funds have contributed 69 percent of the total funding. He stated the hope is that will decrease in the future because there is significant public benefit from the treatments; much more than the amount of public funding received. He noted the LMCD is not going to contribute toward the funding for the 2013 herbicide treatments. The Minnesota Department of Natural Resources (MN DNR) grant state wide has been reduced to approximately $125 per treated acre from approximately $150 per treated acre. City funding to Gideon Bay and Phelps Bay has decreased as well. Mr. Osgood stated the request to Shorewood is for $12,000 for 2013 to be split 70130 between Phelps and Gideon Bays. Councilmember Woodruff noted in 2012 Council approved a $7,000 ($6,000 for Phelps Bay and $1,000 for Gideon Bay) contribution toward the herbicide treatment of milfoil. The LMA only asked for $6,000. He stated he had spoken with the LMCD Executive Director earlier in the day and learned that the agenda for the Marcy 13, 2013, LMCD Board meeting includes consideration of the Plan Mr. Osgood referred to earlier. He explained the LMCD has not budgeted funding for herbicide treatment in 2013. After speaking with the Executive Director he believes there may be an opportunity to get some funds for that from the LMCD. He encouraged Mr. Osgood to submit a request to the LMCD. He stated the Herbicide Treatment Demonstration Project has been successful four of the five years. Although some could say the goals of the original plan for the project were not met that is a technicality. He then stated he thought herbicide treatment has some merit as well as some risk. Woodruff explained that only part of Phelps Bay was chemically treated during the five years of the Project; the eastern part was not treated. Property owners that front that part of the Bay would like to have it included. Before that could happen a study needs to be done. Funding would be needed to conduct that study. Because the Three Rivers Park District (TRPD) owns some islands that are in that area of the Bay, he asked TRPF Board Chair Gunyou, who was in the audience, if TRPD could contribute funding toward at least the study. Mr. Osgood noted a request for funding was submitted to the LMCD in January 2013 for the herbicide treatment in 2013. He has been told various times since the request was submitted that the General Fund and the Save the Lake Fund will not be funding herbicide treatments in 2013. He stated if the LMCD will reconsider funding that would be appreciated. He will follow up on that. He then stated the part of Phelps Bay (the little Phelps or southwesterly lobe of it) that has been involved in the Demonstration Project involved treating about 150 acres. He explained the Arms Corps of Engineers original plant survey drew a line at that point. The MN DNR chose not to include areas in the treatment program that did not have Army Corps involvement originally. He noted the draft Plan also includes the larger portion of Phelps Bay. He stated he has met with representatives from the expanded area and found out that they are interested in proceeding. He explained to get a treatment there needs to be a pre - season plant inventory. If that were to be done this year then hopefully the area could be treated in 2014. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES March 11, 2013 Page 6 of 15 Councilmember Sundberg stated she thought the herbicide treatments work is very important, and she would like there to be adequate funding to continue that. She asked Mr. Osgood when he anticipates getting a response back from the LMCD about the funding request. Mr. Osgood stated he has no idea. She then asked how quickly the LMA needs the funding for the treatments. Mr. Osgood responded before the first treatment which could be as early as mid -May. Mr. Osgood noted the Bay Captains start funding raising efforts about now. The LMA has received funding commitments around this time in the past and then the Captains have raised the rest of the funds needed. Councilmember Hotvet stated she grew up on property that fronts Gideon Bay and her parents still live there. She noted her father has been very involved in the fund raising efforts. She stated she has observed firsthand the significant changes herbicide treatments have made in Gideon Bay. She asked Mr. Osgood why the LMCD has not given the LMA an answer or committed to a funding amount. Mr. Osgood responded he does not know. Councilmember Sundberg asked if Council should take action on this request this evening. Mayor Zerby stated now would be the right time. Woodruff moved, Hotvet seconded, authorizing the release of $7,000 for the for the herbicide treatment of Eurasian Watermilfoil in Phelps Bay and Gideon Bay in 2013 with the Lake Minnetonka Association deciding how the funds should be allocated for the treatment of each Bay. Councilmember Sundberg asked if motion is to approve $7,000 now with the understanding that the LMA could possibly come back to ask for additional funding. Councilmember Woodruff stated he prefers not to include the guarantee of possibly more money in the motion, while noting coming back and requesting more money is always a possibility. Woodruff stated he does not want a motion that stipulates the LMA cannot come back; it can always come back and ask for more. Sundberg stated if that is the intent she will support the motion. Mayor Zerby expressed his disappointment that the LMCD has not stepped forward more formally considering the time it spent on drafting the Plan. He stated he agreed with Councilmember Woodruff that the chemical treatment efforts have been successful. He commented that any trial program is bound to have some missteps, and the missteps with the Demonstration Project have been minimal. He stated that he did not think the $12,000 request in unreasonable being Lake Minnetonka is a large amenity to all the residents in the area. Considering what the City spends on other amenities, such as City -owned parks, $12,000 is a small price for the Lake which he views as a community park. He noted lie will support the motion and he encouraged Mr. Osgood to make a request for additional funding if necessary. Motion passed 4/0. 7. PARKS A. Report on the Joint Cities Park Commission Summit Meeting of February 26, 2013 Director Nielsen reported on the joint South Lake Cities Park Commission Summit meeting of February 26, 2013 (as detailed in the minutes of that meeting). He noted another meeting is scheduled for May 21s` Mayor Zerby noted he attended the meeting as did Councilmember Siakel. He stated he was impressed by the number of opportunities for collaboration that were discussed. There was discussion about creating a map showing all the parks in the South Lake area and a common website for parks in the area and possibly centralizing the reservation system. He clarified a lot of what was discussed was brainstorming. He stated the group as a whole was eager to find efficiencies. He then stated the South Lake Cities have a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 7 of 15 variety of amenities that somewhat dovetail together; each City brings something different to the table. He explained Excelsior representatives noted there are five music in the park events scheduled in 2013 at the Commons and Excelsior is hoping to have the series break -even by charging some small admission fee. Excelsior is estimating the total cost to be close to $10,000. Excelsior representatives indicated it would like a little financial support from the other South Lake cities. He stated that he would personally be willing to help share in that. He suggested that be placed on a future Council meeting agenda. Councilmember Sundberg stated she is delighted to hear about collaboration discussions, noting she is very supportive of that. She then stated she is inclined to support Excelsior in its efforts as part of the momentum to build collaboration between the communities in the South Lake area. Councilmember Hotvet stated she is pleased with this effort. In response to a question from Hotvet, Mayor Zerby clarified that the only thing Shorewood staff is committed to doing at this time is creating a map showing all of the parks in the South Lake area. Anything else would come before Council for discussion. B. Community Gardens — Enlarged Garden Plots Director Nielsen explained in 2012 Council decided to include $5,000 in the Park Capital Improvement Program (CIP) for fencing for the community garden at the Southshore Skate Park. After that budget was adopted, the Park Commission has discussed and recommended enlarging the size of the garden plots to 10 feet by 15 feet from the current 8 feet by 10 feet based on feedback from the community gardeners. The Commission has not recommended increasing the number of plots. The cost for the additional fencing to accommodate the enlarged plots is approximately $1,500. The total cost for fencing would be approximately $6,500. The Commission is asking Council to amend the Park CIP to cover the additional cost. He noted there has been a request for a community garden at Freeman Park. Councilmember Woodruff summarized the history of the community gardens. First discussions four to five years ago were about having community gardens in each of the City's parks. What was agreed to was having one large garden divided into plots at the Skate Park. It has been that way for four years. He noted he is somewhat pleased that there is interest in having a community garden at Freeman. He stated that location was considered in the past but was rejected for esoteric reasons, and that he thought it is still a viable opportunity. Woodruff stated it is his impression that the demand for the current garden plots has been fairly low over the last four years, noting that most years that have all been used. He noted that he thought expanding the size of the plots would be a reasonable thing to do. He asked Staff to estimate what it would cost to get the ground ready. He recollected the City spent about $4,000 to install water at the Skate Park near the garden. He stated from his perspective fencing is a nice to have thing, it's not a need to have. It would be pretty. He suggested holding off on making a decision about fencing until the City has a better understanding of what it is going to totally commit to the herbicide treatment of Eurasian Watermilfoil in Lake Minnetonka and how much it will cost to subsidize the Southshore Community Center. He noted that if a community garden is created in Freeman Park there is no access to water. He then noted he will not support a $5,000 or $6,500 expense for fencing at the Skate Park. Councilmember Sundberg asked how solid the feedback was from community gardeners that they would like the garden plots to be larger. Director Nielsen responded the Park Commission was confident the demand was there. The 10 foot by 15 foot proposed plot size would still be a little smaller than the size of the City of Excelsior's garden plots yet Excelsior's plots are cheaper. Nielsen stated a community garden at Freeman Park is on the Park Commission's March 12, 2013, meeting agenda. Some hesitancy has been expressed about the possibility of gardens at Freeman Park taking away some of the demand for the plots CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 8 of 15 at the Skate Park. There are a couple of gardeners who use the plots at the Skate Park who are interested in the Freeman Park site because of proximity. Staff is pretty convinced the plots will all be asked for. Councilmember Sundberg asked if any concern about water accessibility was expressed with regard to garden plots at Freeman Park. Director Nielsen stated the Park Commission has only had a cursory discussion about a community garden at Freeman Park. He then stated if that were to move forward it would be done on a trial basis and if the demand is there improvements could be made in the future. The Commission did talk about rain barrels at Freeman Park and having Public Works fill them. He noted rain barrels worked fine at the Skate Park the first couple of years of community gardening. Director Brown explained the irrigation systems at Freeman Park would not reach the area proposed for a community garden. Councilmember Woodruff stated at Freeman Park there is a hose for gardeners to run water to the garden plots. Councilmember Sundberg asked if keeping deer out of the gardens is driving the need for fencing. Director Nielsen stated it is to some degree and explained it is not difficult for a deer to jump a five -foot- high fence. The fence would keep other critters out and it would dress the area up a little. Currently gardeners put up their own fences and it does not look very nice. Nielsen explained what is being talked about is a black vinyl fence around the perimeter of the garden. Councilmember Hotvet stated the community garden is a wonderful example of expanding the use of the City's parks. It reaches out to residents who may not have the yard space to have a garden. She commented she thought it involves a very large demographic and age group. She noted she supports continuing on with the budgeted CIP and that she supports the Park Commission's request. She suggested reconsidering the five foot height for the fence because deer can decimate a garden extremely fast. Councilmember Sundberg asked if the garden plots could be expanded without installing fencing. Director Nielsen responded yes. Councilmember Hotvet stated one of the reasons Excelsior installed fencing around its community garden was to help keep deer out. Mayor Zerby stated he has a neighbor who gardens in the Excelsior community garden plots. He never saw a more unhappy man than the day his neighbor came home after finding out a deer ate all of his plantings and destroyed his garden the first year Excelsior had garden plots without fencing. He noted that having the fence in place there has helped keep deer out. He then stated Excelsior puts Shorewood to shame when it comes to community gardens. There seems to be people there most of time during daylight hours during the growing season. He noted the City has a goal of sustainability in community and a community garden is one piece of that. He stated he has heard concern expressed about the soil so maybe that should be looked into. He expressed his support for installing fencing around the community garden at the Skate Park and enlarging the plots. Councilmember Woodruff clarified he has no problem enlarging the plots at the Skate Park and that he is cautiously supportive of creating a community garden at Freeman Park. He noted he does have a big problem with installing fencing at the Skate Park. He commented that deer will look at a five -foot -high fence and laugh at the challenge of jumping over it. The fence won't keep them out. He stated that he does not support the notion that the fencing will make the garden at the Skate Park visually acceptable. The garden basically can't be seen from Highway 7 or Excelsior [Boulevard] when the trees have leaves on them. He then stated he has trouble spending $5,000 on a fence in support of 15 — 16 gardeners. For four years the gardeners have been doing just fine with their own fencing. He noted fencing at Freeman CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES March 11, 2013 Page 9 of 15 Park around a community garden may be a different situation because the garden would be very visible to those who come to the Park. Sundberg moved, Hotvet seconded, approving the enlargement of the community garden plots at the Southshore Skate Park and increasing the $5,000 budgeted in the Parks Capital Improvement Program to $6,500 for fencing around the perimeter of the garden. Councilmember Sundberg stated from her perspective visibility of the community garden is second to usability. She then stated the fact that so many gardeners expressed interest in the fencing it fits in with the City's community mission. She asked if increasing the height of the fence to six feet would be better. Director Nielsen stated the Park Commission discussed that initially. He explained the more effective way to keep deer out is to have some sort of cross members. He stated Staff can look into doing something like that. Motion passed 311 with Woodruff dissenting. 8. PLANNING A. Report on the March 5, 2013, Planning Commission Meeting Planning Commissioner Davis reported on matters considered and actions taken at the March 5, 2013, Planning Commission meeting (as detailed in the minutes of that meeting). Director Nielsen added that Tom Geng was selected Chair and Sue Davis Vice -Chair of the Planning Commission for 2013. . B. Smithtown (west) Trail Project Tree Replacement Policy Director Nielsen stated one of the main questions from the affected property owners of the Smithtown (west) Trail Project is regarding what the City is going to be doing about replacing trees. He explained the easiest of the options in dealing with that is when the City is acquiring new right -of -way (ROW). In that circumstance the value of the property being taken (the new ROW) takes into account the number of trees that will be taken as well and the property owner is compensated for that. Where the City already has ROW or easements the questions is what does the City want to do about replacing trees that will be lost. He noted that the City is not obligated to replace trees in existing ROW. If someone has planted a tree in the ROW that is a public tree and the City is not obligated to replace it. He stated Council has expressed some interest in replacing trees in instances where they had to be removed. Nielsen reviewed options Staff identified regarding to tree replacement. They are as follows. 1. Do nothing. 2. Adopt a one -to -one, in kind (relative to species not size) replacement policy. 3. Adopt a one -to -one replacement policy with a limit as to the number of trees to be replaced. For example, no more than one tree per twenty -five feet of frontage up to six trees per property. Nielsen noted the approximate cost to replace a deciduous tree is $425 and $300 for a coniferous tree. He asked Council if the City or the owner would be responsible for replacing trees. If the owner is responsible there would be a reimbursement program of up to $425 per tree based on an in kind tree. Nielsen stated Staff is recommending option 3 above. He then stated that whatever approach is taken property owners would be advised to account for growth when they plant trees. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES March 11, 2013 Page 10 of 15 Mayor Zerby stated he has heard more questions about shrubbery than trees. Property owners may have on an arborvitae or lilac hedge. He asked how the City would deal with shrubbery. Director Nielsen noted Staff has not proposed anything for that mainly because they may be easier to replace, noting that large arborvitae are hard to replace. He stated that the first choice during this project is to avoid taking out or damaging trees and shrubbery. He explained that earlier in the day Staff spoke with a property owner who has 30- year -old arborvitae on his property and it appears there may be an opportunity to minimize the damage to them. Those are considered to be trees and not shrubs. He commented that if shrubbery is located in the ROW it does not belong there, yet it is fairly easily replaced. Councilmember Woodruff stated he likes the idea of replacing trees. He then stated his inclination is for the City to be responsible for planting replacement trees and for making sure they grow. He expressed concern about property owners being given a stipend for replacing a tree and then perhaps not taking care of it. He noted if people plant on easements they do that at their own risk. He questioned if the in kind species replacement means replacing an ash tree with an ash tree or an oak tree with an oak tree. He stated that does not work for him. He then stated he does like the idea of replacing one tree per twenty -five feet of frontage. He expressed concern that if a property owner plants a tree they may put it too close to the sidewalk. He suggested the language be tuned. Councilmember Sundberg asked how many trees could potentially have to be taken out. Director Nielsen responded he does not know. Sundberg stated she prefers the City be responsible for having replacement trees planted. She then stated option 3 looks appropriate to her. Director Nielsen clarified that in kind was referring to deciduous for deciduous or coniferous for coniferous. Mayor Zerby stated lie is grappling with how not to change the characteristics of Smithtown. Road dramatically. He would like the street surroundings to look similar to the way it now. For example, if there is a tree in the ROW and it is the only tree in a residential property owner's yard and it is removed and not replaced it could change the look in that area. He clarified he does not want to replace 10,000 trees. He stated he thought it prudent to be selective in some areas. Councilmember Woodruff suggested Staff prepare a landscape plan identifying what trees will be impacted and the cost to replace them. He stated from his perspective there is no rush to decide on a course of action. Director Nielsen stated residents want to know what the tree replacement policy is. Woodruff moved, approving the City be responsible for the planting of any replacement trees. Councilmember Hotvet asked what other cities have done when retrofitting a trail /sidewalk into an older environment. Director Nielsen responded it is all over the board. Sundberg seconded the motion. Mayor Zerby stated he does not think it's time for a motion. It is just one piece of the plan. He noted he agrees with that being part of the plan. Without objection from the seconded, the maker of the motion withdrew the motion. Administrator Joynes stated the commitment is something that is needed. He stated he agrees there are a need for an inventory of plantings and a plan for how to maintain the plantings once planted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page it of 15 Councilmember Woodruff stated it's important to clarify to property owners that the replacement is not one - for -one. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. IT Network / Phone Services Contract Director Brown noted he, Clerk Panchyshyn and Director DeJong have been working with Attorney Keane and the vendor HeatSeeker Technology Partners, Inc., (HeatSeeker) on finalizing a Master Services Agreement for IT services and managed phone services. Brown explained that on March 20, 2009, the city entered into a 3 -year agreement with Warner connect, Inc., for IT support services for the City's computer network, personal computers and telephony. That agreement was renewed once automatically because the City did not give proper notice that it wanted to terminate the agreement. The City has had a number of service issues it has been trying to work through with Warner Connect. Some were resolved and others were not resolved to the City's satisfaction. Staff has provided Warner Connect proper notice of termination in order to review the existing contract terms, solicit proposals and analyze options. Staff interviewed three firms — Warner Connect, Corporate Technologies and HeatSeeker. After going through the interview process and reviewing the proposals thoroughly Staff has determined that HeatSeeker is the preferred vendor of choice. Warner Connect merely updated its pricing and split out the cost of data lines connecting City Hall and the Public Works building in its proposal. It did not address any of the service issues. HeatSeeker will not only provide some technologies currently not available to the City it will provide its services at a lower monthly cost than Warner Connect currently charges. He noted that Staff has done its due diligence on the Agreement. Staff also contacted the League of Minnesota Cities, the City's financial consultant and Kennedy and Graven about this. Brown noted that Council found a copy of the Master Service Agreement between the City and HeatSeeker at the dais this evening. He explained the last page of the Agreement lists the ongoing costs for the various services. He highlighted the various services HeatSeeker will provide. He explained the first proposal from HeatSeeker stipulated the City pay a two - month deposit. That creates an administrative nightmare. Therefore, Staff worked with HeatSeeker to do away with the deposit and instead put the equivalent of a two -month deposit into the one -time set up charge. Brown stated Staff is confident this will be a welcome and positive change to the City's IT and telephone services. He noted Staff recommends Council approve the Master Services Agreement. Councilmember Sundberg asked how long HeatSeeker has been in the business. Director DeJong responded it started in 1988 or 1989. Councilmember Woodruff stated because Council just received a copy of the Agreement he can't comment on it. He then stated the one -time setup charge is approximately $10,000. If the City should decide to terminate the Agreement he asked if the City gets any of that money back. Director Brown stated the City would be out that money. Brown explained there are clauses in the Agreement for cause and to enable each party to bring about the issues. If the issues cannot be resolved they would go to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 12 of 15 binding arbitration. Woodruff asked how much the City would owe HeatSeeker at the end of the day if the City decides to terminate the Agreement. Brown stated that would be up to the arbitrator. Director DeJong stated if it is for non - performance the City should not owe HeatSeeker anything. Administrator Joynes stated the outcome of arbitration will depend on the cause and how well the City is able to prove it. Woodruff stated that makes him extremely nervous. In response to a comment from Councilmember Woodruff, Director Brown explained Warner Connect extended its contract with the City to May 1, 2013. Brown noted Staff would have preferred to give Council more time to review the Agreement, but rededicating the lines takes 45 days. Councilmember Woodruff stated he trusts the references were good. He commented he did some research on HeatSeeker and he found out the principal in the company is kind of a neighbor of his. Director Brown stated it became apparent during the interview process that HeatSeeker if very committed to what it does. HeatSeeker personnel spent almost a full day with Staff to gain a solid understanding of what it is contracting for. They asked some very intelligent and tough questions. Councilmember Hotvet stated that although Staff knows what the City needs entering into this agreement makes her nervous because it is a big expense. Director DeJong stated the approximate $10,000 one -time charge is a couple thousand dollars less than the one -time charge when the City went with Warner Connect. He then stated having negotiated a lower monthly cost puts the City is a better position for renewing this Agreement in three years. Mayor Zerby stated the Staff memorandum states the phone switching equipment is owned by Warner Connect. He asked if the one -time charge with HeatSeeker means the City will own the switching equipment or will the City be in the same situation. Director DeJong responded the City will be in the same situation. DeJong noted that prior to contracting with Warner Connect the City tried to maintain that equipment on site and that was problematic. Zerby then stated that although the data speed of 3 megabits (Mb) at City Hall will be twice as fast as the current speed it is still not very fast considering the number of users. He noted that Mediacom charges one half the amount ($200) for business service for 50 Mb speed than HeatSeeker will charge for 3 Mb speed. He asked Staff if it thought it would be possible to have HeatSeeker increase the speed to 5Mb for the same price. He stated the cost for higher bandwidth has come down over the last several years. Director Brown stated Staff has addressed speed with HeatSeeker at least twice, but it will go back to it one more time. Zerby asked if the proposal is for a private line to connect Public Works or a VPN. Director Brown stated both have been discussed. Brown explained HeatSeeker is offering a VPN. Zerby stated a VPN would not require a dedicated line, and noted that Mediacom's package for a 5Mb line costs around $99. Director DeJong stated the City can always increase the speed the City gets. He explained the lines were chosen because they are bi- directional at City Hall. The Mediacom offerings are generally for speeds about 10 Mb download and l Mb upload. Part of the City's bandwidth is dedicated to the phone system so that when a person needs an outside line for a call it is available. The remainder of the bandwidth is available to internet traffic. Mayor Zerby stated with Mediacom a company can get 105 Mb service with 10 Mb upload for $299. CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 13 of 15 Director DeJong stated the level of service guarantee is much better with CenturyLink service. It has a four hour guaranteed response time. Mediacom does not guarantee response time with its offerings. Mediacom could be down for a number of days. Mayor Zerby stated that is a good point. Woodruff moved, directing Staff to have the City enter into a Master Services Agreement with HeatSeeker Technology Partners, Inc., for IT and telephone services as presented. Councilmember Woodruff noted he has reservations about the City entering into an agreement he has not had time to study. He has to rely on Staff that the Agreement is what it needs to be. Zerby seconded the motion. Motion passed 4/0. B. Christmas Lake Aquatic Invasive Species Program Director Nielsen explained that a month or so ago Administrator Joynes met with representatives from Carver County and with Joe Schneider from the Christmas Lake Association (CLA) to discuss an aquatic invasive species (AIS) inspection program at Christmas Lake for 2013. The discussion was primarily about a centralized, multi -lake inspection concept like the one proposed in 2012. That concept did not come to fruition in 2012. Nielsen then explained that the Minnehaha Creek Watershed District (MCWD) has chosen not to run the inspection program for 2013. It has offered to provide more funding than for the program it did in 2012. Therefore, the City would have to manage the inspection program if there is going to be one. It would likely involve hiring Volt, Inc., the company that provided inspectors in 2012, to perform inspection services. Nielsen noted the City applied for a grant through the MCWD to fund up to one half the cost of the program. He then noted the CLA has agreed to pay for expenses in excess of what the grant will cover. Nielsen stated Staff is seeking Council direction to work with Volt and to continue to work with Carver County and the Minnesota Department of Natural Resources (DNR) regarding the centralized inspection concept. He noted the City will have to update its agreement with the CLA regarding the CLA's responsibility for covering the cost as well as the delegation agreement with the MN DNR. Councilmember Woodruff stated he supports the City doing this again on the basis that any costs the City incurs would be incidental. He then stated it makes him nervous when lie reads language that states "To our knowledge, the CLA is again will to cover the expense again for 2013." Administrator Joynes stated he and Mayor Zerby heard Mr. Schneider say during the above referenced meeting that the CLA will cover the costs of underfunding. Joynes noted there is a commitment to do that. Director Nielsen clarified the memorandum was written that way because he was not at the meeting. Councilmember Woodruff stated he thought this approach is a better solution for the City's residents than the Carver County centralized inspection concept would be. Woodruff moved, Hotvet seconded, directing Staff to work with the Christmas Lake Association, Volt, Inc., the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources to do whatever is necessary to have an aquatic invasive species inspection program at Christmas Lake for 2013 that is similar to the 2012 program. Councilmember Sundberg stated she thought the program needs to be continued. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 14 of 15 Mayor Zerby stated in 2012 there was some concern about the discipline of the inspectors supplied by Volt. He then stated it would be better if the City could have access to inspectors with more experience. Motion passed 4/0. 11. OLD BUSINESS A. Watershed District Liaison Appointments Administrator Joynes stated no one has been appointed to serve as the liaison to the Minnehaha Creek Watershed District (MCWD) and to the Riley Purgatory Bluff Creek Watershed District (RPBCWD) for 2013. Jeff Casale served as the liaison to the MCWD and Jeff Arnold served as the liaison to the RPBCWD in 2012. He explained there are four options on how to proceed. They are: 1) direct Staff to reach out to Mr. Casale and Mr. Arnold to see if they are interested in serving liaisons in 2013; 2) direct Staff to advertise for the liaison positions; 3) leave the liaison appointments open; and, 4) other options as identified by Council. Councilmember Sundberg stated she served on the RPBCWD Board of Managers at one time. Under the new leadership she thought there is a lot better opportunity for a constructive relationship and therefore she would like the City to get involved. She suggested contacting Mr. Casale and Mr. Arnold to see if they are interested being they have experience with the Watershed Districts. She stated she thought it would be a good idea for a member of the Council to attend a Watershed District Board meeting once or twice a year. Mayor Zerby stated he philosophically has a problem appointing a person as a liaison to boards when they would have no voting authority. The City has a challenge getting people to apply for the Park and Planning Commissions. He then stated this may be a time where staff takes the lead and provides Council with information. From time to time management from the Watershed Districts could report to Council. Councilmember Sundberg stated she would be willing to give the new leadership at the RPBCWD a try. Councilmember Woodruff stated Mr. Casale as a member of the MCWD Board reported back to Council twice in 2011. He then stated he thought the City should get more proactive with the RPBCWD and if Mr. Arnold is interested in serving as the liaison to the RPBCWD Board he should be appointed to do so. If Mr. Arnold is not interested then staff should do it. Administrator Joynes stated Staff will reach out to Mr. Casale and Mr. Arnold. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. 2012 Year End Investment Report Director DeJong stated the meeting packet contains a copy of the 2012 year -End Investment Report. He asked Council to let him know if they have questions about the investments they would like answered. He then stated he is working on preparing financial information for the Council and staff retreat. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 11, 2013 Page 15 of 15 Other Administrator Joynes reminded Council that the Council and staff retreat is scheduled for Saturday, March 23rd. Staff will send out an agenda and backup material on March 15`x'. The retreat will start at 8:30 A.M. and go until around 2:00 P.M. He explained the Metropolitan Transit Commission is proposing changes to routes 670 and 671 which are the only routes that serve Shorewood. Two public hearings are scheduled to take public comment — one on April 1" at the Hopkins Library and one on April 3rd at the Ridgedale Library. That information will be placed on the City's website. Mayor Zerby recessed the meeting at 9:02 P.M. Mayor Zerby reconvened the meeting at 9:05 P.M. Director Brown stated the City has received a copy of the Bridge Inspection Report for the Shady Island Bridge. The report indicates the Bridge does not have any structural deficiencies nor any signs of bridge scour. Interim City Engineer Hornby stated the Cooperative Agreement with Metropolitan Council Environmental Services for its Forcemain Cooperative Project will be on the next meeting or two Council agenda. He then stated the City has about one -half mile in Minnesota State Aid mileage to use. Staff will be assessing segments to add to use up as much mileage as possible. With recent changes in the State Aid system Staff will try to optimize traffic volume because that is the key in today's rules. Director Nielsen stated there is an open house for the property owners who will be affected by the Smithtown (west) Trail Segment Project scheduled for March 13 "' from 5:00 — 7:00 P.M. at the Minnewashta Elementary School. He then stated he and Interim City Engineer Hornby have set up meetings with those property owners who cannot attend the meeting. B. Mayor and City Council Councilmember Woodruff stated on April 18`x' there is a Metro Cities business meeting scheduled. The social hour starts at 5:30 P.M. Lori Sturdevant, an editorial writer and columnist with the Star Tribune, will be the guest speaker. 13. ADJOURN Sundberg moved, Woodruff seconded, Adjourning the City Council Regular Meeting of March 11, 2013, at 9:08 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Seo° erby, Ma Je Panchyshyn, City ' lerk