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04-08-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL. REGULAR MEETING MONDAY, APRIL 8, 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 7:01 P.M. A. Roll Call Present. Mayor Zerby; Couneilmembers Hotvet, Siakel, Sundberg, and Woodruff; Attorney Keane; City Administrator 3oynes; Planning Director Nielsen; Director of Public Works Brown; anal, Interim City Engineer Hornby Absent: None. B. Review Agenda Hotvet moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL, OF MINUTES A. City Council Special Meeting Minutes, March 25, 2013 Woodruff moved, Hotvet seconded, Approving the City Council Special Meeting Minutes of March 25, 2013, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, March 25, 2013 Hotvet moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of Marcia 25, 2043, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Sunndberg seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 2 of 12 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District Activities by Representative Mark Sylvester Mayor Zerby welcomed Mark Sylvester, the City's representative to the Lake Minnetonka Conservation District (LMCD) Board, who is present to give a report on LMCD activities. Mr. Sylvester stated since he last came before Council the LMCD Board approved its Comprehensive Eurasian Watermilfoil ( milfoil) and Curly -Leaf Pondweed (CLP) Management Plan (the Plan) for Lake Minnetonka (the Lake) during its March 13"' meeting. The project to develop the Plan had been going on for well over a year. He then stated that from a very high level he has always believed that there was a need for a high -level plan, noting that is what the Plan is. Mr. Sylvester then stated the Plan had a lot of hurdles to overcome with the largest being funding to execute the Plan. He noted there is not a funding formula for executing the Plan anymore. He explained the levy increase that was being proposed was stripped out. There were some LMCD member cities that were very strongly opposed to a levy increase. He stated there could possibly be a decrease in private funding for chemical treatment of milfoil and CLP. He explained another hurdle faced was the structure of the harvesting program. Was it a primary program of vegetation management for the Lake, would it be just a form, would it be secondary to chemical treatments? The Plan approved no longer classifies harvesting as the primary tool for vegetation management. It is just a form. He was pleased that change was made. A third hurdle was defining what the LMCD's role is. Was the LMCD going to be a coordinator or project manager? He noted that he could envision the LMCD serving in a coordinator capacity with project management being subbed out to an organization that has the wherewithal to actually treat the Lake. The role of the LMCD has not been determiner) yet. Mr. Sylvester noted he voted against the Plan. He did not want to approve a Plan that did not have a source of funding for it. He does not want government to work that way. He wants to approve plans that can be funded from beginning to end. He then noted that from a 30,000 foot view the Plan is a step in the right direction. The Plan will bring together two different approaches to vegetation treatment. It would put responsibility for that under one agency. But, there are still a lot of hurdles that have to be overcome. Mayor Zerby stated there is no plan for treating AIS going forward. He noted that he thought the treatment plan for 2013 is somewhat hodgepodge again. He stated he does not think milfoil or zebra mussels are going away in the next 20 years. Mr. Sylvester stated he pondered what cash flow options there could be for the LMCD other than increasing the levy or relying on private fundraising. He then stated the City of Minnetrista has been talking about subbing out harvesting efforts. Minnetrista does not think the LMCD should be primarily responsible for that. It does think the LMCD could coordinate those efforts, but not be a project manager. Mr. Sylvester explained that currently he is doing some work on sale lease backs. He has thought about the possibility of doing a sale lease back on harvesters. It would involve finding a private party that would be willing to buy the LMCD's harvesters and then the LMCD would engage with the purchaser on a long- term contract to harvest the Lake. LMCD Executive Director Nybeck is looking into that option. He asked residents in the LMCD area to identify creative options for generating cash flow. Councilmember Woodruff asked Mr. Sylvester to give an update on bow fishing. CITY OF SHOREWOO'D REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 3 of 12 Mr. Sylvester stated the LMCD is somewhat at a standstill about bow fishing. There are LMCD member cities that have completely different viewpoints on that topic. The LMCD has discussed: passing cover all legislation that is more stringent than State laws; doing nothing; or, continuing to get all of the LMCD member cities moving in the same direction. The comments received from the member cities that provided input range from accepting the State's position to prohibiting bow fishing within. their city limits. He noted from his perspective he would prefer a Lake -wide ordinance on bow fishing for the Lake so fisher people don't have to try and figure out what city they maybe be fishing in and what the restrictions are. CounciImember Woodruff explained the Minnesota Department of Natural Resources allows bow fishing with a regular fishing license. But, many of the LMCD member cities have ordinances that may either flat out prohibit bow fishing or control it in some way. Mayor Zerby asked if there is anything about the water level in the Lake coming up. Mr. Sylvester stated it appears that the LMCD may have to declare low water levels in the Lake when the ice goes out. Mr. Sylvester explained the LMCD recently passed an ordinance on how to deal with low water. Councilmember Sundberg thanked Mr. Sylvester for taking the time to work on the LMCD Board. She commended him for stepping outside of the box and using creative thinking, and for bringing his professional expertise into consideration. Mayor Zerby thanked Mr. Sylvester for his update. 7. PARKS None. 8. PLANNING A. Zoning Code Amendment for Zoning Permits Director Nielsen explained that during Council's March 25, 2013, meeting questions were raised about three items that were to be covered by the proposed Zoning Permit Ordinance amendment to the City's Zoning Code. The items were fences, patios /sidewalks and temporary signs. Staff decided those items needed to be clarified. For fences Staff suggests clarifying the ordinance by including "Fences exceeding two feet in height." That recommendation is based on current policy; a permit has never been required for fences that low. For patios/sidewalks Staff suggests clarifying the ordinance by including "patios and sidewalks exceeding four feet in any dimension." Sidewalks up to four feet wide are allowed to encroach into the setback. Patios and sidewalks are impervious surface. Currently building permits are issued for temporary signs yet there is nothing in the Building Code that has to do with temporary signs. Councilmember Woodruff had expressed concern to him about the potential duplication of permits for temporary signs; a building permit and a zoning permit. He suggested the Zoning Code be amended to say a zoning permit is required for temporary signs; not a building permit. Councilmember Woodruff stated he had spoken in length with Staff this morning regarding his concerns about what is proposed. He expressed concern that the proposed Zoning Code clarifications for fenees and patios/sidewalks have not been discussed by the Planning Commission. He recommended the Commission discuss the proposed clarifications before Council takes action on them. He commented there is no sense of urgency with implementing a zoning permit system for the three items. He requested Council be provided with a complete set of ordinance language for the proposed changes. He noted he is not comfortable approving a narrative and not the actual language. CI'T'Y OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 4 of 12 Councilmember 5iakel asked Director Nielsen if it would be acceptable to send the proposed clarifications to the Planning Commission. Nielsen responded that can be done. Siakel stated being there is no sense of urgency with this she thought it better to do due diligence. 9. ENGINEERING/PUBLIC WORKS A. Speed Awareness and Neighborhood Concerns Director Brown stated this item is about a policy discussion about how to handle speed complaints and what action, if any, should be taken for routine neighborhood speed issues. Mayor Zerby requested it be brought back to Council because no action was taken by Council in 2012. Brown explained that in 2012 the City received a number of requests to modify driver behavior on County Club Road. Police personnel think that modifying behavior is the most effective way to address speed issues. Staff conducted two speed studies on County Club Road. The trailer- mounted speed awareness display unit was placed on the roadway to help modify behavior. Road tubes that captured speed and time of day were also place on the roadway. A copy of the study results is included in the meeting packet. The packet also contains a copy of a document about the analysis of the data from Chuck Rickart with W SB & Associates, Inc. who is one of the more outstanding traffic engineers in the State of Minnesota. A number of agencies rely on his expertise. Brown displayed a picture of a dynamic display sign. He explained that type of sign is typically mounted below a speed limit sign. It displays vehicle speeds and if the speed exceeds the threshold of speed specified the display blinks. Brown noted it's important to establish uniform criteria so all neighborhood speed issues are treated equitably. He also noted that costs and funding sources for the displays must be identified. Brown stated the meeting packet contains a copy of a graph that is commonly put together by traffic and civil engineers, He explained it graphs the percent of total observations and the miles per hour (mph) speed for the speed study data. The engineers primarily use the 85" percentile speed to set the speed limit for any roadway. It goes on the assumption that 85 percent of the drivers accurately perceive the roadway conditions and adjust their speed accordingly, and that they are reasonable drivers. It anticipates that 15 percent of the drivers will violate the posted speed. Brown explained that the use of dynamic display signs is one of the things that can be done to modify driver behavior to bring speeds into conformance with the posted speed. There are a number of them in use in the Lake Mimietonka area with one being on County Road 15 near the Ferndale area. He stated he has observed drivers putting their brakes on to slow down when they see they are traveling well over the speed limit. Brown noted the meeting packet contains a copy of draft speed concern evaluation process in decision diagram form that Mr. Richart drafted in October 2012. He described the process. The speed concern is received. During the non- winter months staff will collect speed data by either putting out road tubes or the speed awareness display. The data will then be evaluated. If the 85th percentile speed is 35 mph (the posted speed limit is 30 mph) and then if not more than 50 percent of traffic is traveling over the speed limit Council will consider low cost measures and/or mounted speed awareness display signs. If the 85,' percentile speed is 35 mph (the posted speed limit is 30 mph) and then if greater than 50 percent of the traffic is traveling over the speed limit Council will consider speed awareness display signs and /or other potential engineering solutions. Other engineering options include going through an engineering analysis CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 5 of 12 to determine if roadway narrowing solutions could be put in place. Some solutions just make the roadway look narrower so drivers slow down. From a low cost perspective, the roadway could be striped to narrow the lanes. Brown stated for Country Club Road the analysis results meet the conditions that the 85 "' percentile speed is 35 mph and that more than 50 percent of the traffic was traveling over the posted speed. He asked Council if it thinks the draft process makes sense and therefore accepts the analysis as presented. He then asked Council if it wants to proceed with some improvement on County Club Road. He went on to ask Council for its thoughts about how to fund the improvement being it was not budgeted for in the capital improvement program (CIP). He noted the estimated cost for one solar mounted dynamic display sign is $5,800 and $11,600 for two directions of travel. Councilmember Sundberg asked if the data collected indicates that some portion of the 15 percent of drivers who traveled over 35 mph was going well over that speed. Director Brown explained that roughly 80 percent or less of the drivers traveled at or below 5 miles mph above the posted speed limit. Approximately 10 percent traveled at 10 miles or more above the posted speed limit. Director Brown stated anytime a dynamic display sign is put out there are some drivers who attempt to top out the display. He explained the newer displays can be programmed with. a threshold above the posted speed and when a driver exceeds that threshold the display blinks and goes off. He then explained he spoke with Mr. Richart about drivers who try to artificially inflate the data to achieve the percentage goal. Mr. Richart informed him that those drivers are fairly easy to pick out and their data can be ignored in the analysis. Councilmember Hotvet stated the roadway she lives by is like a race track during the summer months. She noted she supports the idea of dynamic display signs because she does think it changes driver behavior slowly. She asked if the City could invest in dynamic signs for two directions of travel and move them around to different roadways in the City and analyze traffic speeds. Director Brown stated that could be done. Councilmember Woodruff asked what the cost of a speed buggy is, noting they are portable. Director Brown responded he does not recollect. Councilmember Hotvet stated from her vantage point a speed buggy display has a different effect than a dynamic display sign. Councilmember Siakel thanked Mayor Zerby and Staff for bringing this back to Council. She noted that she thinks it's a great idea to have a policy in place prior to receiving feedback from residents about concerns about traffic speed. She stated that Country Club Road has turned into a thoroughfare somewhat. She commented that she does not think the issue will be the same for every City roadway. She asked where a dynamic display sign would be placed on Country Club Road, and if both directions need a sign. She then asked if when Country Club Road is reconstructed if a sidewalk could be constructed so it would be safer for residents to get to their mailboxes. She stated she does think drivers slow down on roadways where things are done to make the roadway appear narrower than it really is, although that may not be appropriate for Country Club Road. She asked what could be done on Country Club Road before it is reconstructed. She stated she likes the suggestion of sending a letter to residents reminding them to adhere to the posted speed limit. She noted she thought the process is a good start and that a display sign would be valuable on Country Club Road. Director Brown explained the items discussed with Mr. Richart for County Club Road include striping the roadway. The study data indicates travel both directions on County Club Road meets the two conditions. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 6 of 12 Staff recommends that for southbound traffic a dynamic display sign be put up just south of Ridge View Circle on Country Club Road. For northbound traffic a sign would be placed just south of City Hall. Two units are required to display travel speeds going both directions. Mayor Zerby stated he has read information regarding studies about the effectiveness of dynamic display signs. Almost all of the studies say they do result in a reduction in average speeds. He then stated he thought the speed buggy also has a positive impact on reducing speeds for some drivers. He noted that he does not know if the signs and associated analysis of the data can be funded in 2013, and that he would Like to see if it can be funded. He also would like the striping to be done this year. Unfortunately, striping is usually done later in the summer when the weather conditions are better. He would like both items to be funded in 2013. Councilmember Woodruff stated he is pleased Council is discussing the speeding issue on Country Club Road; it's an issue for a lot of City -owned streets. lie agreed there is a need for a process for handing speeding complaints. He suggested Council identify the number of complaints that must be received before it decides to take some type of action. He expressed his support for conducting more speed studies; he does not think they cost a lot to do. He stated for six years he does not think there has been much in the way of speed law enforcement in the City, noting that the City only controls that indirectly. He noted he thought enforcement needs to be addressed, noting that it is a monetary issue. There is typically an additional cost if the police have to be in an area to enforce speed limits for more than a few hours. He recommended Council consider funding additional speed enforcement. He stated lie believes dynamic display signs are effective. He explained when the dynamic display sign was first put up on County Road 15 near the Ferndale area people did not change their driving behavior. About 1.5 weeks later when Orono Police started parking at the west end of where the sign is located compliance went to near 100 percent. He stated enforcement along with the dynamic display signs is critical. Councilmember Hotvet stated she supports the policy, striping and dynamic display signs. She asked if the speed concern evaluation policy would be placed on. the City's website. Director Brown stated the policy needs to be finalized with Mr. Richart before publication. He explained the former city engineer did the costing of the dynamic display signs. He is trying to get pricing for signs with a larger display area. The cost is for a sign that is 15 inches by 24 inches with an actual display area of 9 Inches. He noted that he would prefer a sign with a larger display area. if it is not cost prohibitive. He stated that he will bring the policy document back in its final form along with pricing at a future Council meeting. Once the policy is finalized it will be put on the websitc. Mayor Zerby asked Staff to create a mockup of how the various size signs would look. Administrator Joynes noted Staff needs to provide Council with a scope of the City's exposure. He explained that if Council creates a policy for evaluating speed concerns Council needs to know how many locations around the City there are where dynamic display signs may be deployed to. Then the funding mechanism for doing so can then be discussed. He stated there are good places to place sighs along Country Club Road. But, there may be times when property owners do not want a sign on their property or in the area. He commented that working off of complaints does not mean all the residents in the area feel the same as the complainant about the speed issue. He stated if Council agrees to install signs based on criteria it will be difficult not to do so each time that criteria are satisfied. Councilmember Siakel stated the way she interprets what was presented as a process is Council will always decide what if any action should be taken about speed concerns. She doesn't interpret it to mean the City will have to do something if the criteria are satisfied. CITE.' OF SHOREWOOD REGULAR COUNCII. MEETING MINUTES April 8, 2013 Page 7 of 12 Administrator Joynes stated residents will ask why Council chose to have the City deploy signs in some areas and chose not to in others when the criteria were met in each of them. Council. needs to make a decision about a policy with an understanding of what the scope of impact, will be. He then stated he thought Staff could identify which roadways have major speed issues. Mayor Zerby stated he does not want to implement a policy that doesn't have some override control points. He then stated he thought Country Club Road could be a prototype for how to address speed concerns. But, Staff recommended a process be identified so concerns would be handled with some consistency. He doesn't want the justification to handcuff the City. He went on to state if residents throughout the City want to have dynamic display signs deployed then the City needs to ramp up enforcement of speed laws. Councilmember Siakel asked if there is a particular time of year dynamic speed signs would be installed on Country Club Road. Director Brown explained dynamic display signs will be most effective when they are mounted below a posted speed Iimit sign. He noted there are roadways where previous councils have specifically chosen not to post the speed limit signs hoping drivers might think the speed limit is 25 mph instead of 30 mph. To put in a post to mount the sign can't be done during winter months. He noted the signs could be put up on Country Club Road any time of the year because there are posts available. Councilmember Woodruff requested Staff define a process for Council to use on an ongoing basis when it wants to ask for additional police speed enforcement efforts. He reiterated that he thought strongly that the effectiveness of dynamic display signs is the greatest if shortly after installation it's followed up by focused enforcement. Director ]Brown stated the decision diagram can be modified to say that the City will look at engineering solution versus specifying dynamic display signs. Staff has concern that the signs would be posted throughout the City. The City cannot afford to do that. And, if they are all over the City they would lose their effectiveness. He then stated Staff has spoken with South Lake Minnetonka Police Department Deputy Chief Pierson about directed patrol. Pierson did say that is available. Mayor Zerby stated he thought this is a great start. Director Brown noted the City of Bloomington is going through this same process with Mr. Richart. Mr. Richart has conveyed he would share ideas that came out of that process. B. Designation of Municipal State Aid Street for Galpin Lake Road Interim City Engineer Homby stated the meeting packet contains a copy of a memorandum from him regarding designating Galpin Lake Road as Municipal State Aid (MSA) route. It extends from the City's southern border with the City of Chanhassen to Minnesota Trunk Highway 7. He explained the roadway is in the City's Comprehensive Plan as a future MSA route. It carries a high volume of traffic from Chanhassen. In the new State Aid rules traffic volume will be a trigger for funding. Staff tries to maximize its .MSA designated roadway system based on volume. In 2012 the City removed Grant Lorenz Road from its MSA designated route. Galpin Lake Road would be a better roadway to include as a MSA route because of volume. He noted the City has plans to construct a trail along Galpin Lake Road. He also noted Galpin Lake Road is in a distressed condition. A MSA designation would provide additional funding source for improvements. Ile stated the meeting packet contains a copy of a resolution CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 8 of 12 designating Galpin Lake Road as a MSA route. The City has already received preliminary approval from the Minnesota Department of Transformation to assign the roadway to the MSA system of roadways. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13 -0201 "A Resolution Adding Galpin Lake Road to the Municipal State Aid Street System for the City of Shorewood, Minnesota." Motion passed 510 10. GENERAL/NEW BUSINESS A. Update on the City Owned House at 5795 Country Club Road Attorney Keane explained the property manager for the City -owned property located at 5795 Country Club Road renewed the rental lease for the house in 2012 unbeknownst to the City. The property manager was notified that he did not have the authority to do that. The City agreed to be bound by the terms. He has communicated to the property manager that Council is seriously considering the sale and disposition of the property. If Council chooses to do that the decision will be communicated to the property manager and the tenant to facility a smooth transition. He has been working with Building Official Pazandak, and that he will make a recommendation regarding things such as code compliance and presentation issues to Council during its next meeting should Council make the decision to dispose of the property. He recommended submitting proposals from three relators that know the area to get proposals regarding pricing and the appropriate timefraine for putting the property on the market. He stated Cou.ncilmembers' perspectives about relators they are familiar with would be helpful. He noted the disposition of all City - owned property does require a recommendation by the Planning Commission under State Statute. Mayor Zerby stated he thought this has the support of the Council. B. Christmas Lake Aquatic Invasive Species (AIS) Inspection Program — 2013 Director Nielsen explained the Minnehaha Creek Watershed District (MCWD) has decided it will not manage the aquatic invasive species (AIS) inspection program at the Christmas Lake boat launch this year. The MCWD is willing to contribute more money to the program than it did. in 2012. Staff has recommended the City use Volt Workforce Solutions, the contractor that was used in 2012 to conduct the inspections, to conduct inspections in 2013. He noted that Administrator Joynes has related that the president of the Christmas Lake Association (CLA) Joe Schneider has stated the CLA will pay for the cost of the inspection program minus any grant monies received. Nielsen noted the meeting packet contains a copy of a Specialized Professional Services Agreement (the Agreement) between the City and Volt as well as a copy of a Memorandum of Understanding (MOU) with the CLA. He explained the Agreement with Volt projects a cost not to exceed. $43,391.25. It anticipates a later inspection start date for inspections than the one in 2012. The 2013 program will go from May 1, 2013, through. October 31". He noted at the dais this evening Council found a copy of an amended page 2 for the Agreement. A typographical error has been corrected. A Governing Law statement was added per the recommendation of Attorney Keane. It reads "This agreement shall he interpreted under and controlled by the lams of the Stale of Minnesota, and all disputes arising under this Agreement shall be venued in .Hennepin County, State of Minnesota." The reason for the addition. is Volt is a California company. He explained the Agreement would be executed once the City receives a signed MOU from the CLA. Councilmember Hotvet asked if there are any local companies that do AIS inspections. Director Nielsen clarified Volt has offices in Minnesota. Councilmember Siakel noted the Lake Minnetonka Conservation District uses Volt. CITY OF SHOREWOOD REGULAR COUNCIL, MEE'T'ING MINUTES April 8, 2013 Page 9 of 12 Counacilnaember Woodruff stated the Agreement does not specify the type of training the Volt inspectors will get. The MOU does specify how the inspectors are supposed to be trained. He recommended the type of training be added to the Agreement. It should specify level I or level 2 AIS inspector certification training as defined by the Minnesota Department of Natural Resources. He stated Item I under payment for Services in the Agreement the blank for the not -to- exceed amount should be filled in with $43,391.25. Anal, Director Nielsen's direct dial phone number needs to be filled. Woodruff moved, Siakel seconded, approving the Specialized Professional Services Agreement between the City of Shorewood. and Volt Workforce Solutions subject to including the inspector training requirements in the Agreement, to specifying a not -to-exceed fee amount of $43,391.25, specifying the Planning Director's direct dial phone number, and contingent upon Shorewood receiving a signed Memorandum of Understanding from the Christmas Lake Association. Motion passed 510. Siakel moved, Hotvet seconded, approving the Memorandum of Understanding with the Christmas Lake Association for aquatic invasive species inspections at the Christmas Lake boat launch in 2013. Motion passed 510. C. Engineering Professional Services Agreement Administrator Joynes explained that during Council's November 26, 2012, meeting Council approved an Agreement for Interim Engineering Services with WSB & Associates for a three -month period. During the March 23, 2013, Council and Staff retreat Council directed Staff to request a proposal to continue to provide those services. The City has received such a proposal for the period April 1, 2013, through March 31, 2014. The meeting packet contains a copy of the Professional Services Agreement (the Agreement) submitted by WSB. The Agreement allows for Interim City Engineer Paul Hornby to be on -site two days per week plus additional hours from other WSB engineers as needed for a rate of $4,000 per month. Other project work would go through WSB for a to -be- negotiated cost per project. The rate is the same as the current rate and would be in affect through December 31, 2013. If the City continues with this arrangement the Agreement would be amended to reflect a new rate if needed. He noted Attorney Keane and Director Brown have reviewed the Agreement. He then noted Staff recommends Council accept the Agreement. Mayor Zerby asked who the Interim City Engineer Hornby will report to. Administrator Joynes responded to Director Brown. Councilmember Woodruff suggested the approved rate and the Agreement be for the same tern while noting he could accept the terms being different. Administrator Joynes noted the Agreement contains a termination clause. He explained if the City does not like a proposed new rate the City can terminate the Agreement. Siakel moved, Hotvet seconded, accepting the Professional Services Agreement with WSB & Associates, Inc., for providing interim city engineering services as presented. Motion passed 510. D. Legislative Support for Street Improvement Districts Administrator Joynes explained the League of Minnesota Cities (LMC) has been supporting legislation this year to create street improvement districts. Street improvement districts would be a funding mechanism for cities to make street improvements. The proposed legislation is very similar to previous CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 8, 2013 Page 10 of 12 legislation that enables cities to create utility fiends for things such as sewers and stormwater management. The LMC is requesting its member cities to pass a resolution expressing support for creating the enabling legislation is near. He noted the legislation is there should the City want to create street improvement districts, but the City does not have to do so. He stated the City could fund things such as traffic calming devices through such districts. He expressed his support for the City supporting the legislation. He noted the meeting packet contains a copy of a resolution expressing the City's support for the legislation. Councilmember Woodruff stated this legislation has been in the hopper for at least four years. He then stated the City may want to use this tool in the future. Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 1:3 -021, "A Resolution Supporting Legislation Authorizing the Establishment of Municipal Street Improvement Districts." Councilmember Sundberg stated she wants the City to be clear that it is not saying it will create street improvement districts. Only, that it would like to have the option to do so. She then stated the end of this ycar's legislative session is near. She asked if there is any chance that it will be passed. Administrator 7oynes stated it's his understanding that it has passed through the steps it has to in order to get to the floor. Without objection from the maker or seconder, the motion was amended in the last WHEREAS to change "WHEREAS, cities need flexible policies ..." to "WHEREAS, cities may need flexible policies ... ". Motion passed 510. Councilmember Woodruff commented that the LMC has indicated that this legislation is supposed to be considered today by the State Senate and tomorrow by the House of Representatives. %f 011I11 tI I1 Ib None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator 3oynes reminded Council that Council and Staff are searching for a date for a Council workshop about the Southshore Cornmunity Center. Some Councilmembers have indicated May S"' at 5.00 P.M. would work for them. The workshop should last a couple of hours and dinner will be provided. The workshop will focus on options specifically identified during the Council and Staff retreat. Councilmember Siakel noted that she cannot make that date, but could make the alternative dates suggested. Administrator .ioynes stated May 20`s has not been an issue yet. Council was asked to let Staff know of which alternative dates they could make. Director Brown explained the City's weight restrictions are in place from March I" through May I", He then stated Staff is considering making a proposal to change weight restrictions to make the restrictions consistent with the Minnesota Department of Transportation's (MnDOT's) restrictions. MnDOT can measure the level of frost. in roadways. He explained that in 2012 M DOT and Hennepin County lifted weight restrictions a couple of weeks before the City did. That caused some problems. He then stated the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINU'T'ES April 8, 2013 Page 11 of 12 City started its street sweeping today; unfortunately, due to weather the City may have to salt those streets. lie went on. to state Staff is working with WSB & Associates to update databases with information about where in the process the City is with updating signage to comply with federal standards. The City does have a plan in place for when the City will bring signs into compliance. To date Public Works has replaced 28 street name signs, 73 sign stop signs and 48 no- parking signs. There is $6,000 budgeted in 2013 to continue with sign replacement. No- parking signs are this year's priority for replacement. Interim City Engineer Ilornby stated the first ad for bids for the Smithtown Road West Sidewalk project will be published in the Sun Sailor and the Finance and Commerce publications on April 11 0'. There will be a second advertisement in. the Sun. Sailor on April 1$"'. He explained that he and Attorney Keane have been working on a cooperative agreement with the Metropolitan Council Environmental Services (MCES) for its forcemain project. The cooperative agreement will be up for Council's consideration during Council's April 22"d meeting. The MCES' bid opening date is scheduled for April 24�'. Council will consider the City's improvements as part of the MCES project during its May 13)" meeting. He noted that he will provide more information about the City's improvements including costs during Council's April 22 °d meeting. Director Nielsen stated the offers for easements for the Smithtown Road West Sidewalk project are going to be sent out this week; about one week ahead of schedule. He then stated on April 9`" Staff will be with representatives from the City of Tonka Bay, Hennepin Country and Three Rivers Dark District (TRPD) to discuss the logistics of the proposed County Road 19 trail segment and the proposed LRT Trail overpass. He noted the 2013 aerial deer survey (a snapshot in time) indicates the deer population is down. He stated the first step of the GreenStep Cities program has been completed. The program is on the Planning Commission's work program for early to raid- summer. He then stated the inventory of trees infested with Emerald Ash Borer has been delayed. The hope is to complete the inventory by mid -May and have a plan for how to deal with those trees by the end of June. He explained the Planning Commission has had initial discussions about the potential trail segments along Galpin Lake Road and Mill Street which are on the schedule in the Trail Implementation. Plan for 2014. Those trails are being looked at as part of the revised trail planning process. He noted that there is general consensus among the Commissioners that the survey should be ordered prior to ordering the feasibility study for a trail segment. Director Brown stated the City's spring clean -up day is scheduled for May 18, 2013. He noted items will be collected at the Shorewood Pubic Works facility. He explained as part of spring clean -up day there will be a free-of-charge shred event that same day in the parking lot of City hall. He noted. the City will not accept hazardous waste materials. Those can be disposed of when Hennepin County conducts a hazardous waste collection. event at the Public Works facility. The County is considering having that collection event in mid - summer rather than waiting until September. Mayor Zerby stated residents will be able to find out what they can dispose of during the spring clean -up day on the City's website. B. Mayor and City Council Councilmember Woodruff stated he attended the Excelsior Fire District (EFD) Board meeting on March 27, 2013. EFD Chief Gerber gave a 2012 Year in Review presentation during the meeting. The ETD's auditor gave a brief presentation on the 2012 financial audit. He explained that the 2012 year -end General Fund balance increased by approximately $56,000. Capital funding was essentially flat. There was a brief report on the 2012 audit for the Excelsior Firefighters Relief Association (EFRA) for 2012. He noted the EFRA "s fund for pensions is 103 percent funded. He stated there was some discussion that the EFRA may consider asking for an increase in the per - year -of- service benefit. There will be more discussion about that during the year. Chief Gerber provided the Boardmembers with the first draft of the proposed 2014 CITY OF SHOREW000 REGULAR COUNCIL MEETING MINUTES April s, 2013 Page 12 of 12 El~D budget. The budget reflects an approximate $30,000 increase (or 2 percent) in the municipal contribution when compared to 2013. He noted there is an F D Board budget work session scheduled next week. He stated for the first draft of the budget Shorewood's share of the municipal contribution would go down approximately $7,000 when compared to 2013 because of the adjustment to the funding formula. Councilmember Siakel thanked Councilmember Woodruff for going to the meeting as the City's Alternate Boardmember. She noted she arrived at the meeting very shortly after 6:30 P.M. (the meeting started at 6:00 P.M.) because she had a work meeting. Mayor Zerby related that a resident asked him if there is anything the City can. do to reduce the coyote population in the City. Director Nielsen stated the City hears that same question every year from residents, Nielsen explained that to date Council has not authorized archers to harvest coyotes during the deer management program. Archers have indicated from time to time that they could have harvested a coyote had they been authorized to do so. Coyotes are harder to harvest. He stated most cities direct residents to a Minnesota Department of Resources website about how to deal with coyotes. He noted that last year there was a report of a coyote attaching someone's dog. He stated the coyotes are getting bolder. Director Nielsen stated the City hears similar requests about turkeys. Councilmember Siakel stated she thought the South Lake Minnetonka Police Department Support Services .Manager tracks coyote movements if reported. That information could be monitored and if the problem becomes severe enough Council could discuss what to do about it. Mayor Zerby suggested approaching the SLMPD before the 2013 deer harvest begins. Mayor Zerby stated he recently learned that the City of Tonka Bay was looking for a new Public Works supervisor. He has discussed the possibility of sharing public work services with the Tonka Bay Mayor. The Tonka Bay Council would like Shorewood to consider forming a task force for staffs to discuss the possibility of sharing public works services. He expressed enthusiasm for doing so. Councilmember Sundberg stated that would be a very interesting prospect. She thanked Mayor Zerby for extending the outreach. Director Brown stated Tonka Bay has one supervisor and two workers plus seasonal help in its Public Works Department. 13. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of April 8, 2013, at 8:37 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ScO.',..cfby, May dean Panchyshyn, City derk