Loading...
05-28-13 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, MAY 28, 2013 7:00 P.M. MINUTES CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M A. Roll Call Present. Mayor Zerby; Councilmembers Siakel, Sandberg, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Homby Absent: Councilmember Hotvet. B. Review Agenda Mayor Zerby stated Dick Osgood, Executive Director of the Lake Minnetonka Association, could not be present this evening. Therefore, Item 6.A on the agenda has been moved to the June 10, 2013, regular Council meeting agenda. Woodruff moved, Siakel seconded, approving the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 13, 2013 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of May 13, 2013, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Approve Agreement between the South Lake Minnetonka Police Department and the City of Excelsior for Summer Dock and Park Patrol Services C. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach 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 May 28, 2013 Page 2 of 22 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Report by Dick Osgood of the Lake Minnetonka Association on 2013 Milfoil This item was moved to the June 10, 2013, regular Council meeting agenda. B. Lake Minnetonka Conservation District (LMCD) 2014 Draft Budget Report by Greg Nybeck, Executive Director Mayor Zerby stated Greg Nybeck, Lake Minnetonka Conservation District (LMCD) Executive Director, is present to give an update on the proposed 2014 LMCD budget. Mr. Nybeck stated he was going to talk about the LMCD 2014 budget process, highlight the 2012 programs and activities, and review the two options being proposed for the 2014 LMCD budget. With regard to the 2014 budget process, Mr. Nybeck explained the LMCD Board had a workshop on April 16 to talk about the first draft of the 2014 budget. On April 24 the LMCD had a preliminary review of the budget and the Board gave approval to send the draft budget to the LMCD member cities. To date he has been before six of the LMCD member City Councils to talk about the budget. On June 6 there is a meeting scheduled for elected officials to discuss the budget. On June 12 the LMCD will review and hopefully approve the 2014 budget. If not, the final review and approval will be done on June 26. By State Statute the final budget has to be sent to the member cities by July 1. Mr. Nybeck displayed a copy of the LMCD's Strategic Plan. He explained that two of the activities on the Plan are aquatic invasive species (AIS) management and AIS prevention. Other activities deal with public access, public safety and a variety of other things. The LMCD does activities based on the Plan. He stated his intent is to recommend to the LMCD Board that the Plan should be updated. Mr. Nybeck highlighted the LMCD's 2012 programs and activities. Mechanical harvesting has been the primary way the LMCD has managed Eurasian Watermilfoil (EWM or milfoil) since 1989. The 3 -Bay Herbicide Treatment Demonstration Project was done on Carman Bay, Grays Bay and Phelps Bay from 2008 — 2012. In 2011 Gideon Bay and St. Albans Bay were informally added to the treatment program for the final two years of the Project but they were not within the purview of the LMCD. Those two were standalone projects that went through much of the same process. They were permitted by the Minnesota Department of Natural Resources (DNR) and did receive funding from a variety of sources including some of the LMCD cities and the DNR. The Comprehensive EWM and Curly Leaf Pondweed (CLP) Plan for Lake Minnetonka was developed. The LMCD has been doing watercraft inspections since 2002. They have become more comprehensive and partnerships have been developed over the years with the DNR, the Minnehaha Creek Watershed District (MCWD) and the Three Rivers Park District (TRPD). A great deal of the funding has come through levies to the LMCD member cities. The funding was also supplemented with funding from the Save the Lake Fund. The LMCD participated in training Lake Service Providers (LSPs). In 2012 the LMCD acquired a good database of LSPs. The LMCD is not nearly as active with special event permitting because it has streamlined it through the Hennepin County Sheriff's Water Patrol. The LMCD does continue to take care of its interests. In 2006 the LMCD Board set a priority that the public should be educated about the two -boat density rule, the four -boat rule and the one -boat per fifty -foot rule and be brought into voluntary compliance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 3 of 22 Periodically the LMCD has to get attorneys involved with a criminal complaint. A shoreline inventory is taken every two years. In 2012 that was done in conjunction with the code enforcement project. The inventory identified the number of boats by bay. A year ago there were "low water" conditions on Lake Minnetonka. The current lake level is 929.33 and that is on the Lower end of average. A year ago it was about one foot lower. The LMCD passed a bowfishing ordinance. The Hennepin County Sheriff's Water Patrol is the law enforcement group on Lake Minnetonka. The Solar -Light Program started in 2001. It is fully funded with Save the Lake 'funds. The lights are in a state where it is necessary to replenish some of them. Mr. Nybeck explained the Comprehensive EWM and CLP Plan came about because of the 5 -year (2008 — 2012) public / private EWM and CLP herbicide treatment demonstration project of Carman, Grays and Phelps Bays. Whole bay / large scale herbicide treatments were done. Herbicide treatment is another way to manage milfoil in a cost effective manner in addition to mechanical harvesting. In 2007 the LMCD approved a Lake Vegetation Management Plan (LVMP) and it was supervised by the LMCD's Aquatic Invasive Species (AIS) Task Force. In 2012 the AIS Task Force recommended not to extend the herbicide treatment of the three Bays after 2012 or expand it to other bays until a comprehensive vegetation management plan (CVMP) has been prepared for Lake Minnetonka. The LMCD Board concurred with the recommendation. The cost to treat the three Bays over the five years was approximately $611,000. It includes the treatment and project management costs. The public sector contributions (which include the LMCD contributions from the Save the Lake Fund which is funded by private donations) totaled approximately $345,000 (about 56 percent). Mr. Nybeck stated the Comprehensive EWM and CLP Plan was prepared through a series of AIS Task Force subcommittee meetings. The subcommittee members included John Barten from TRPD, Eric Fieldseth from the MCWD, Dick Osgood from the Lake Minnetonka Association and Chip Welling from the DNR. The full AIS Task Force reviewed the Plan during October 2012. The LMCD Board reviewed the Plan during its October 24, 2012, and November 14, 2012, meetings. The Board held a public hearing on the Plan on December 12, 2012 and it adopted the Plan on March 13, 2013. He noted the Plan originally included recommendations for funding for whole bay or large scale herbicide treatments as well depreciated harvesting equipment. It also referenced the LMCD's budget for mechanical harvesting. The Plan that was approved did not contain those funding numbers. The Board wanted to have that discussion through the budget process. Mr. Nybeck explained that annually the LMCD and the Water Patrol receive phone calls regarding bowfishing on Lake Minnetonka. Bowfishing is allowed by State Law. There are some regulations for it but they are generally for at night. The LMCD Board approved a lake -wide bowfishing ordinance for Lake Minnetonka on April 24, 2013. The intent was to improve communication and to improve enforcement by the Water Patrol and the DNR. The key restrictions in the ordinance include the prohibition of nighttime bowfishing (from one -half hour after sunset to sunrise) and in high traffic areas (e.g., marinas, swimming beaches). If law enforcement officers ask a bowfisher person to move to another location and the person does not do that the ordinance gives the officer the authority to cite the person. The ordinance stipulates where the fish should not be disposed of. He noted that some of the LMCD member cities have chosen to remain more restrictive with their own ordinances. Mr. Nybeck then explained the LMCD Board has proposed two 2014 budget options. Option 1 is very similar to the 2013 budget; it funds similar programs. Option 1 reflects a 3 percent levy increase overall when compared to 2013 ($330,604 versus $340,615). The levy is based on each member city's net tax capacity and any one city cannot pay more than 20 percent. There is a 1.3 percent increase in expenditures when compared to 2013 ($581,309 versus $588,805). Option 1 includes a $25,000 transfer from Administration Reserve Fund to the Equipment Replacement Fund, a 2 percent increase for compensation (in the contingency line item) and $30,000 for unspecified AIS management and prevention programs CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 4 of 22 (historically it has been used for watercraft inspections). Option 2 also includes funding for some of the recommendations in the Comprehensive EWM and CLP Plan. Option 2 reflects a 16.6 percent levy increase overall when compared to 2013 ($330,604 versus $385,615). There is a 9.0 percent increase in expenditures when compared to 2013 ($581,309 versus $633,805). The net difference between the levy for Option 1 and Option 2 is $45,000. The differences in Option 2 from Optionl include $20,000 for unspecified AIS management and prevention programs (a reduction of $10,000 when compared to Option 1) and the inclusion of $55,000 for whole bay / large scale herbicide treatments. Mr. Nybeck noted the LMCD has made a concerted effort to keep the levy to the member cities relatively flat from 2009 to 2013. It has been around $330,000. He explained the LMCD's 2013 levy to Shorewood was $31,671. For 2014 in Option 1 it would increase to $33,122 and in Option 2 it would increase to $37,498. Councilmember Sandberg asked Mr. Nybeck to summarize the results of the herbicide treatment of the original three bays. Mr. Nybeck explained one thing learned in the 'five years of the demonstration herbicide treatment project for all five bays is that the treatment protocol had to be changed. The original protocol was to treat the bays heavily for two years and after that treat the bays on a diminishing need in years three — five. It was found out to be more effective to treat heavily in one year and then lightly or not at all the following year. The protocol also changed from early season to a little later in the season based on the temperature of the water. From his vantage point some of the treatments have been effective and others not as effective as he would have hoped. Councilmember Siakel noted in the past the City has contributed about $6,000 annually toward the herbicide treatment of Phelps Bay and Gideon Bay. She asked Mr. Nybeck if the LMCD is only going to do milfoil harvesting in 2013; not any herbicide treatment. Mr. Nybeck stated he thought the LMA is coordinating an herbicide treatment of Phelps Bay in 2013. Mr. Nybeck noted the LMCD is not providing funding for any herbicide treatments of milfoil in 2013. Siakel then noted that the difference between the LMCD's 2013 levy to Shorewood and the Option 2 levy to Shorewood would be approximately $6,000. She asked what bays would be treated in 2014 under Option 2. Mr. Nybeck explained the Comprehensive EWM and CLP Plan identifies eight bays as being suitable for large scale herbicide treatment of milfoil; the five Bays treated in 2012 [Carman Bay, Grays Bay and Phelps Bay, Gideon Bay and St. Albans Bay] plus North Arm Bay, Carson Bay and St. Louis Bay. Siakel stated the LMCD Board has had some discussion about contracting out milfoil harvesting. She asked Mr. Nybeek to comment on that. Mr. Nybeck stated some Boardmembers have expressed interest in that and he has advised them that he will research that this summer. Siakel noted that she would like there to be a balanced approach for treating milfoil in Lake Minnetonka; a balance between harvesting and herbicide treatments. She stated the LMCD's fleet of harvesters is expensive to maintain. She then stated most of the LMCD's budget is for administrative and for milfoil harvesting. She suggested the LMCD research what it would cost to have a third party do the harvesting. Mr. Nybeck stated the intent of Option 2 is to allow for some herbicide treatment. He then stated that researching the feasibility of contracting out for harvesting services will get done. Councilmember Siakel asked Mr. Nybeck if he thinks there will be funding from the State of Minnesota, the DNR or some other agency in the future. The fourteen LMCD member cities cannot meet the funding needs for milfoil harvesting, the herbicide treatment of milfoil and the plant inventory. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 5 of 22 Mr. Nybeck stated he has been with the LMCD since 1994. He then stated the monies available for herbicide treatments from other agencies have decreased in 2013 when compared to 2012. He went on to state the LMCD keeps its budget for harvesting very low. In 1991 the budget was more than $200,000 and this year it is at $95,000. Councilmember Woodruff stated with regard to the efficacy of the herbicide treatments the Army Corps of Engineers has not finalized its final report for the 5 -year demonstration project. Mr. Nybeck stated the report will also include Gideon Bay and St. Albans Bay. Woodruff then stated he anticipates the report to indicate that most of the objectives of the 5 -year project have been met to some degree. Some years the treatments were very successful and other years not quite as successful. He noted doing the treatments is an art not a science. He also noted that one of the objectives of the project was to not do any harm to native plans and the project did achieve that. Also, the herbicide treatments were effective to a great degree. Woodruff then stated Shorewood has been contributing $5,000 — $6,000 a year toward the herbicide treatment of Phelps Bay. Council authorized a contribution of $7,000 toward the treatment of Phelps Bay and Gideon Bay for 2013. He commented that the LMA is again managing the herbicide treatment for 2013 and that is being done under the same general guidelines used the last five years. He stated Council has to decide if the City should contribute additional funding for herbicide treatment of the two Bays in 2014 above what is budgeted for in Option 2. His assumption is that the LMA will again ask the City for a contribution in 2014. Therefore, the City could possibly contribute about $12,000 in 2014 if the Option 2 budget is approved and if the City continues to support the LMA. Councilmember Siakel asked Mr. Nybeck how the LMCD would coordinate herbicide treatments with the LMA in 2014. Mr. Nybeck stated the project management of herbicide treatment 2014 could continue to be done by the LMA or it could be done by the LMCD. He then stated that some of the LMCD member cities have indicated to him that sealed bids should be gone through (not just quotes) when taxpayer money is involved and that a public sector be the project manager. Project management of the treatments could be a combination of the two through the LMCD's AIS Task Force. Mr. Nybeck noted the treatments would definitely be coordinated. Councilmember Siakel recommended a third party manage the herbicide treatments project. Mayor Zerby stated lie would like to know what the City's levy from the LMCD was in 2012. He then stated in 2012 he thought the LMCD contributed to the LMA for the herbicide treatments. There is no funding for herbicide treatments in the LMCD's 2014 Option 1 budget. Mr. Nybeck clarified the funding was from the Save the Lake Fund. Mr. Nybeck stated the money in the Save the Lake Fund comes from donations and it is managed by the public sector. Zerby stated that means the LMCD has never contributed funding toward the herbicide treatments. Mr. Nybeck stated LMCD contributions were not made with dollars from the levies to the member cities. Mr. Nybeck stated the LMCD Board does not think contributions from the Save the Lake Fund to herbicide treatments are sustainable. He explained the Save the Lake Fund takes in about $35,000 a year and more than that amount glows out of the Fund annually. The balance in that fund is decreasing. In 2008 the LMCD Board committed to using funds in the Save the Lake Fund for the 5 -year demonstration project. He then explained that now that the 5 -year project is over the LMCD is trying to determine how the LMCD member cities feel about including funding for herbicide treatment in the LMCD's budget. Mayor Zerby asked if budget Option 2 would supplant the need for funds from the Save the Lake Fund for herbicide treatments. Mr. Nybeck responded that is correct. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 6 of 22 Mr. Nybeck noted in 2013 no funds from the Save the Lake Fund are being used for the herbicide treatments and no levy dollars are going to be used. No Save the Lake Fund dollars are committed for 2014 either. Councilmember Woodruff related that he has heard from some residents and some LMA members that ultimately they would like to get out of the private donation business for herbicide treatments and to have the herbicide treatments publicly funded. He commented that he does not think they believe that would be totally possible. He stated they are looking for sustainable funding sources that would offset the need for them to raise private dollars. Councilmember Siakel stated she can't blame people for wanting to get out of doing that. Councilmember Siakel stated Lake Minnetonka is not just used by the fourteen LMCD member cities' residents. People from all over the State of Minnesota use the lake. There needs to be a greater partner. She then stated at one point the LMCD considered having a lobbyist rallying for financial help at the state level. She encouraged the LMCD to do that. She noted that even if the LMCD levied to the maximum allowable by law the money levied would not satisfy the needs of what needs to be done with the Lake. Lake Minnetonka needs greater attention from the DNR and the MCWD. Not just the fourteen communities around the Lake. Mr. Nybeck stated he agreed with Councilmember Siakel's comments. Be then stated to date the MCWD has wanted its focus to be on AIS prevention rather than AIS management. He suggested continuing to pursue funding from the MCWD for project management of herbicide treatments. Ile stated the State and the DNR would have to go back to the State Legislature. He explained that when the economy was very good the gap between the amounts of money the LMCD levied versus the amount it could have levied was about $200,000. The LMCD levied about $300,000 versus the $500,000 it could have. Because taxable property values have declined that gap is about $100,000. Mayor Zerby asked if the LMCD Board is the entity that approves the LMCD's budget. Mr. Nybeck stated it is. Mr. Nybeck then stated it would be good for Shorewood's representative on the LMCD Board to get feedback from the Council on its position about the two budget Options or a combination of the two. The next LMCD Board meeting is scheduled for June 12. He reiterated there is a meeting scheduled for June 6 at 11:00 A.M. at the LMCD facility to hear what elected officials from the other LMCD member cities think about the two Options. Shorewood LMCD Boardmember Sylvester stated that he appreciated hearing Council's perspective. Councilmember Woodruff stated at this time he supports the LMCD 2014 budget Option 2. He explained it would basically commit the City to basically what it has been spending on the herbicide treatment of milfoil. During the City's budget process Council can decide if the City's 2014 operating budget should include additional funds for a contribution to the LMA for the herbicide treatment. He noted that he thought Option 2 provides a stable funding source for the LMCD. Councilmember Siakel stated she is leaning toward Option 2. She then stated she has more questions about the LMA and the role of a third party for oversight of herbicide treatments. She noted she does not think the oversight / project management role is something the LMCD should take on. She also noted that she thinks the LMA serves a very viable role. Councilmember Sundberg stated she favors Option 2 in part because she would like the herbicide treatments of milfoil to continue. She does not want to risk losing some of the benefit accrued over the last five years. CITY OF SHOREWOOID REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 7 of 22 Mayor Zerby stated the Council is fairly in sync about supporting Option 2. 7. PARKS A. Report on the May 14, 2013, Park Commission Meeting Park Commissioner Linda Gooch Hartmann reported on matters considered and actions taken at the May 14, 2013, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Woodruff stated he was pleased to learn that the sport court surface has been installed on Manor Park tennis courts, noting it has been striped for pickleball as well and that there are portable pickleball nets available at City Hall. He asked if there is any intent to try an organize pickleball activities. Park Commissioner Hartmann stated she has heard there is a very large group of pickleball players in the City of Eden Prairie. She then stated she is not sure there is anything specifically organized for that. Councilmember Woodruff asked that the Park Commission talk about doing something proactive about pickleball during its upcoming meeting. Maybe the City could organize some instruction on the sport. Councilmember Siakel stated she read something about a woman coming to the City to talk about pickelball. Park Commissioner Hartmann concurred. Park Commissioner Hartmann stated she thought it would be great to have pickelball league. Councilmember Woodruff commented the City of Minnetonka is adding pickelball courts. 8. PLANNING A. Receive Bids and Award Contract for the Smithtown Road Sidewalk Project Director Nielsen stated there was a bid opening for the Smithtown Road (West) Sidewalk Project the previous week. The low bidder for the project was Chard Tiling & Excavating. Its bid amount was $1,070,672.25. The amount is lower than the estimate in the Feasibility Report for the project and lower than the engineer's estimate for the final design. He then stated that Councilmember Woodruff had asked staff to comment on references for that company. He explained City Engineer Hornby called around to people who have worked with that company and the people found the company to be a responsible contractor. He noted that he spoke with a representative from a main competitor of that company and that person thought Chard Tiling & Excavating would be a good company for the City. City Engineer Hornby stated Chard Tiling & Excavating provided the City with references. He did not check them out. Rather he sent emails out to W SB & Associates' engineering staff and construction staff and asked for feedback; the feedback was very positive. He also called a couple of cities W SB works with who use Chard on their projects and the feedback was very positive. He explained Chard does pretty much everything on the construction side except for bituminous work. Therefore, it will have fewer subcontractors to work with and that makes construction easier. Director Nielsen noted the meeting packet contains a copy of a resolution awarding the contract to Chard Tiling & Excavating. He also noted that there is a preconstruction open house scheduled for June 5, and a ground breaking ceremony for both this project and the County Road 19 trail project on June 10. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 8 of 22 Councilmember Sandberg asked if the difference in the bid amounts is primarily driven by the fact that Chard Tiling & Excavating will need to use fewer subcontractors. City Engineer Hornby stated he suspects that has quite a bit to do with it. Homby explained he went through the detail for the bids and there was no major difference in the line item amounts. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 13 -032, "A Resolution Accepting Bid and Awarding Contract for the Smithtown Road (West) Sidewalk Project to Chard Tiling & Excavating for an Amount of $1,070,672.25." Motion passed 4/0. B. Incidental Use of Public Right -of -Way Applicant: Thomas and Brenna Ramy Location: 5825 Country Club Road Director Nielsen stated Thomas and Brenna Rainy, 5825 County Club Road, have asked the City for permission to construct a fence in the public right -of -way (ROW) for County Club Road. They own the corner lot at the intersection of Country Club Road and Echo Road. He explained for the most part there is fairly inadequate ROW along Country Club Road. At the property immediately south of the Ramys the ROW narrows down to 33 feet. The ROW where the Ramys' property is Located and north of there is 66 feet wide. Also, the paved surface of the roadway is shifted way over to the west. Therefore, there is a lot of boulevard in front on the Ramys' property. Nielsen noted that staff does not normally recommend allowing a fence in the public ROW. But, this case is considered to be quite extraordinary. He stated he has spoken with the Director of Public Works about this and Director Brown has no problem with constructing the fence 15 feet back from the paved surface. He explained the meeting packet contains a copy of an encroachment agreement between the City and Thomas and Brenna Rainy. The agreement stipulates that if for any reason the City has to remove the fence the Ramys will not claim any damages against the City. The agreement is a recordable document with Hennepin County. Nielsen then noted that staff recommends allowing the Ramys to construct a fence that will be located in the public ROW. Thomas and Brenna Rainy, 5825 Country Club Road, noted they will answer any questions Council may have. In response to a comment from Mayor Zerby, Director Nielsen clarified this item did not have to go before the Planning Commission. In response to a comment from Councilmember Sandberg, Ms. Rainy explained there will be a few brick columns in the fence. Councilmember Siakel thanked the Ramys for asking the City for permission. She expressed her support for this. She stated if the City were to construct a sidewalk segment along County Club Road she asked if the fence would be an issue for the Ramys. Ms. Rainy stated if the City were to construct a sidewalk they would be happy to give that back for a sidewalk. Director Nielsen stated they would likely have to move the fence if Country Club Road is widened in conjunction with construction of a sidewalk. Siakel clarified she wanted the Ramys to know that is a possibility. Mr. Rainy noted they have only been living in Shorewood since August 2012. They don't know the history of Country Club Road or about the possibility of the City putting a sidewalk in. Director Nielsen explained the route of Country Club Road, Yellowstone Trail and Lake Linden Drive is proposed for a future trail segment. A sidewalk already exists along a portion of Lake Linden Drive; it does not go as far CITY OF SHOREWOOD REGULAR COUNCIL :MEETING MINUTES May 28, 2013 Page 9 of 22 as State Highway 7. That route is included in the second five years of the Trail Implementation Plan. Staff has not considered which side of the road trails would go on for trails that far out. Councilmember Woodruff stated he likes the fence design proposed by the Ramys; it is unobtrusive. Woodruff moved, Siakel seconded, approving the encroachment of a fence into the public right -of- way for Thomas and Brenna Ramy, 5825 Country Club Road. Councilmember Sandberg stated the proposed fence would enhance the neighborhood nicely and she would always support that. Motion passed 4/0. C. Trail Planning Process Director Nielsen stated the Planning Commission and staff have revised the Trail Implementation Process found in the Shorewood Trail Implementation Study based on the actual process used for the County Road 19 Sidewalk Project and the Smithtown Road (west) Sidewalk Project. Also, the responsibility for the Trail Implementation Plan now falls under the purview of the Planning Commission. Nielsen explained when the trail walk was originally included in the process its intent was to get residents to come out and talk to the Park Commissioners. Not many residents came out to say anything for the Smithtown Road (west) Sidewalk Project. The Commission did find value in doing the walk because it could see the characteristics of the route along the way. The Commission realized the benefits of having an informal open house at the Minnewashta Elementary School about the project as part of the trail planning process. Nielsen stated the copy of the revised Trail Implementation Process dated March 29, 2013, is included in the meeting packet has significantly more steps than the process included in the Trail Implementation Plan. The steps in bold indicate Planning Commission or Council action is required. The steps not in bold are the steps staff and contractors work on. The revised Process shows the survey work is performed in advance of the feasibility study. That will make for a more accurate study. Nielsen noted the Planning Commission has recommended the revised Trail Implementation Process be included in the Trail Implementation Plan. Mayor Zerby stated that in the past not knowing what the design of a trail will look like and where it will be located has been a stumbling block. For the Smithtown Road (west) sidewalk it helped that the design was set early in the process; it was to look like the sidewalk the City of Victoria constructed which ends at the border with Shorewood. He does not see that in the revised Trail Implementation Process unless it is included in the feasibility report. He noted Council needs to have the "political courage" to say, for example, what side of the road a trial / sidewalk should be located on, what width it should be and what type of surface it should be to get the process started. Those things can be changed as the process moves along. There needs to be a vision from Council early on. Director Nielsen clarified it is part of the feasibility report and stated that is why the recommendation is to do survey very early in the process. Director Nielsen noted that the Trail Implementation Plan suggests a six- foot -wide trail with a bituminous surface as the standard. He stated which side of the roadway a trail is constructed on will depend on the area. Mayor Zerby stated he has somewhat of a problem with the initial premise that it will be a six -foot- wide bituminous trail. He explained he is hearing more about the runoff caused by hard surfaces. Therefore, that may not be the best premise to start with. Nielsen clarified the Plan does allow that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 10 of 22 flexibility. Director Brown stated the maintenance factor (e.g., what type of equipment the City has to plow a trail) has to be taken into account. Councilmember Woodruff stated decisions about things such as which side of the road to construct a trait on are highly driven by technical issues. Having the feasibility report which specifies where it is best to locate a trail is needed before finalizing the location. Woodruff moved, Sundberg seconded, approving the revised Trail Implementation Process dated March 29, 2013. Mayor Zerby stated the revised Trail Implementation Report has Council approving the feasibility report just before the step of the Planning Commission holding a neighborhood meeting. He thought there needs to be a step where Council approves the design. Director Nielsen clarified that when Council approves the report it will pick the design and location options. Motion passed 4/0. D. 2014 Trails Director Nielsen explained the Planning Commission has looked at the Trail Implementation Plan priorities and it has recommended two segments of trail consistent with the Plan for 2014 construction. The segments are along Mill Street between the Cities of Chanhassen and Excelsior and along Galpin Lake Road between Highway 7 (at County Road 19) and Chanhassen. The Excelsior segment that runs along the south side of the highway and the north side of Galpin Lake is a 10- foot -wide bituminous surface. For the Mill Street segment it seems logical to construct it along the east side of the roadway because the trail in Chanhassen and a small sidewalk in Excelsior are both located on the east side. Nielsen noted that Mill Street segment is noted in the Hennepin County Bicycle System Gap Map. Therefore, Shorewood and Excelsior are trying to get grant funds from the County for the feasibility study for the segment. He also noted that Excelsior is struggling about whether or not it wants to construct it piece. He explained even if Excelsior does not do its segment the City's segment would get people to the Chanhassen trail system. For the Galpin Lake Road segment initial thoughts are to construct it on the easterly side so people don't have to cross the trail and go down to Highway 7 and cross back over. Nielsen stated the cost to do the survey work for the Mill Street segment is $2,980 and it is $3,576 for the Galpin Lake Road segment. Woodruff moved, Siakel seconded, authorizing the survey work for an amount not to exceed $7,000 for the Mill Street and the Galpin Lake Road trail segments. Motion passed 4/0. E. Minor Subdivision Applicant: Joan Whetston Location: 26040 Smithtown Lane Director Nielsen explained Joan Whetston owns the property located at 26040 Smithtown Lane. Ms. Whetston proposes to subdivide the lot into two single- family residential building sites. The property is zoned R -1C Single - Family Residential. The RI -C district requires 20,000 square foot lots. It is occupied my Ms. Whetston's home and detached garage. The westerly lot will be 30,422 square feet and the easterly lot will be 20,012 square feet in area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 11 of 22 Nielsen reviewed some interesting history relative to the subject property boundary. The easterly 33 feet of the property consists of road right -of -way (ROW) that was vacated when Smithtown Road was straightened years ago. The area was platted as was the old cul -de -sac years ago. It did not show up when the City went to do a road improvement along Smithtown Lane so the City acquired basically a whole new circle in that location. There is deeded property as well as an easement on that property. Nielsen explained both lots satisfy the minimum requirements of the RI -C district with regard to size and width. He noted the staff report dated May 3, 2013, lists a number of conditions of approval. The applicant has complied with the items listed. He explained these types of items are not on a Council agenda unless the items listed are complete. Nielsen noted that based on the analysis of this case the Planning Commission recommends approval of the minor subdivision. He also noted that prior to release of the resolution approving the request, the applicants must pay a park dedication fee of $5000 and a local sanitary sewer access charge of $1200. Credit has been given for the lot with the existing house on it. He went on to note Ms. Whetston is present to answer any questions Council may have. Ms. Whetston, the applicant, explained the reason she wants to subdivide her property is so one of her children's family can build a home next to her. In response to a question from Councilmember Woodruff, Director Nielsen explained the gravel driveway currently serves the property to the east. One of the conditions states if the applicant proposes that the new lot will share the existing driveway serving the property to the east, a driveway easement/maintenance agreement must be recorded with the division. That has been completed. Sundberg moved, Woodruff seconded, Adopting RESOLU'T'ION NO. 13 -033, "A Resolution Approving Subdivision of Real Property for Joan Whetston, 26040 Smithtown Lane." Motion passed 4/0. F. Minor Subdivision Applicant: Dave and Lori Free Location: 5885 Seamans Drive Director Nielsen explained Dave and Lori Free own the property located at 5885 Seamans Drive. They propose to divide the property into two lots. The property is zoned R -1A, Single - Family Residential. It contains 3.7 acres of area. The only thing currently on the property is the Free's home. The northerly lot with the home on it will have approximately 121,825 square feet of area including a significant wetland area. The new southerly lot will have approximately 40,902 square feet of area. It does not include any wetland area. With regard to the analysis of the case, Nielsen explained the right -of -way (ROW) for Seamans Drive that abuts the Free property is substandard at 33 feet of width. As part of this subdivision the City has asked the Frees to give the City 17 feet of ROW. The Frees have provided the legal description to do that on the east side of their property in order to bring Seamans Drive up to the standard for city streets. That will not adversely affect the size of the proposed lots or the buildable area. The northerly portion of the existing lot has a lot of wetland on it. A portion of the garage and driveway encroach into the 35 -foot wetland buffer that is required under the WCA and under the City's Zoning Code. The existing home was constructed prior to the adoption of the WCA. Therefore, it is an existing condition. The City gets an easement over the wetland and buffer area. The easement will exempt those existing features. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 12 of 22 Nielsen noted that based on the analysis of this case the Planning Commission and staff recommend approval of the minor subdivision subject to the following. The conditions have all been completed. 1. The applicants' surveyor must revise the legal description for the conservation easement to include the 35 -foot buffer. 2. The applicants' attorney must provide deeds for the following: A. The (revised) wetland conservation easement. B. The additional 17 feet of ROW for Seamans Drive C. Drainage and utility easements (10 feet) are required around the southerly lot. On the northerly lot they need only extend along the southerly boundary and easterly boundary up to where the conservation easement is. 3. The applicants' attorney must submit an up -to -date title opinion for the property for review by the City Attorney. 4. The applicants' surveyor must stake the 35 -foot wetland buffer and show the location of the stakes on the survey. 5. Prior to release of a resolution approving the subdivision, the applicants must pay a park dedication fee of $5000 and a local sanitary sewer access charge of $1200 for the new lot. Credit is given for the lot with the house on it. 6. After the applicants receive the Council resolution approving the request, they must record it with Hennepin County within 30 days or the approval is void. Nielsen noted David Free is present this evening David Free, the applicant, stated he and his wife bought the subject property in 1997. They burned down the house on the property and built the existing house in the same spot. They have raised their children and the children are now out of college. It is their intention to build a retirement home on the new lot. The lot with their home on it is up for sale. In response to a question from Councilmember Sandberg, Director Nielsen explained the new lot will be a perfectly buildable lot. Attorney Keane asked if there is a need for additional ROW along Seamans Drive parcel 1. Director Nielsen explained as it goes north from Mama Lane it is wetland. There is no plan to extend Seamans Drive. The applicants have lined up the ROW with Mann Lane; that is what the City asked for. Councilmember Woodruff commented that parcel 1 as it will exist after the subdivision is going to be really restrictive. The property owners will not be able to change the driveway at all because of the wetland. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 23 -034, "A Resolution Approving Subdivision of Real Property for Dave and Lori Free, 5885 Seamans Drive." Motion passed 4/0. Director Brown asked if discussion could move to Item 9.A on the agenda to accommodate Chuck Rickert a certified Professional Traffic Engineer with WSB & Associates who is present to talk about that item. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 13 of 22 Discussion moved to Item 9.A on the agenda. G. Minnehaba Creek Watershed District's Draft Amendment to the Comprehensive Water Resource Management Plan for Aquatic Invasive Species This was discussed after Item 9.A on the agenda Director Nielsen stated he does not have a lot to add with regard to the Minnehaha Creek Watershed District's (MCWD) Aquatic Invasive Species (AIS) Management Plan (a copy is included in the meeting packet). He noted that Ms. Andi Moffatt with WSB & Associates did a nice job of summarizing the AIS Plan. A copy of Ms. Moffatt's summary is also included in the meeting packet. He stated the MCWD has solicited comments about the AIS Plan. He then stated staff suggests the City emphasize to the MCWD that the City prefers a more regional and /or state -wide approach to AIS prevention and management. He explained that in 2012 the MCWD hired an organization to conduct watercraft inspections for AIS at certain access points including the Christmas Lake boat launch. The MCWD chose not to be responsible for that in 2013, but it did increase its financial contribution to the effort. He clarified that AIS Director Craig Dawson has indicated the AIS Plan does talk about a regional approach. Councilmember Sandberg expressed her strong support for emphasizing the City's desire for a more regional and /or state -wide approach to AIS prevention and management. She stated there are many agencies doing many things but they are not coalescing and leveraging the various resources better. Councilmember Woodruff stated he thought the AIS Plan is reasonable, and expressed his desire that it be made more specific. It appears the MCWD has taken a more high -level position. He then stated he agrees the MCWD's should have a focus on AIS prevention, but he would prefer if it would address AIS management more in the AIS Plan. Ile noted the MCWD is doing some management through its grant funds. He stated the Lake Minnetonka Conservation District (LMCD) has a very limited funding source by both statute and geography. He then stated Lake Minnetonka is also a regional and state -wide resource. He went on to state funding for AIS risk and maintenance in Lake Minnetonka should be much broader than just the LMCD member cities. He noted that the AIS Plan is okay for a start. Councilmember Siakel noted that Mr. Moffatt's summary references special taxing districts. She asked what that means. She reiterated that AIS prevention and management for Lake Minnetonka is much greater than what the LMCD member cities alone can handle. She expressed her agreement with the comments made this evening. Mayor Zerby stated he thinks the AIS Plan is a nice start. He noted he is a strong advocate for greater representation on the AIS issue in Lake Minnetonka. He stated it's his understanding that the only agency doing research on AIS is the Army Corps of Engineers and its funding is limited. He expressed his desire for government leaders at a higher level to take this issue on. He stated he was pleased the AIS Plan covers a large number of AIS species including the animal species. Discussion moved to Item 9.13 on the agenda. 9. ENGINEERING /PIJBLIC WORKS A. Speed Awareness and Neighborhood Concerns Report by Chuck Rickart, Transportation Senior Project Manager, WSB & Associates Director Brown explained this item arose out of concerns expressed about perceived speed issues on Country Club Road. That was the impetus to discuss what the City's process is for evaluating speed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 14 of 22 issues and what to do about them including putting in traffic calming devices. He noted that Chuck Rickart is certified as a Professional Traffic Engineer and he works for WSB & Associates. Mr. Rickart is very well respected in his field. Mr. Rickart stated this evening he intends to discuss guidelines and procedures to assist Council and staff with assessing residents' speed concerns. Mr. Rickart explained that for a roadway to be eligible for traffic calming it must meet the following conditions: the roadway must be classified as local or collector; it has to be more than 1000 feet long; more than 1,500 vehicles must traverse the roadway per day; the posted speed for the roadway must be 30 miles per hour (mph) or less; and, the roadway cannot be a cul -de -sac. The 85"' percentile speed will be used during the evaluation process. The 85°i percentile speed is defined as the speed at or below which 85 percent of the traffic is moving. It is an accepted national and state standard. The 85`6 percentile can be calculated using data collected by a speed awareness display or road tubes. For a roadway posted speed of 30 mph, if the 85t" percentile is 33 mph or below the speed concern will be brought before Council to consider the feasibility of additional enforcement. If the 85`' percentile is above 33 mph but does not exceed 35 mph the speed concern will be brought before Council to consider low - cost calming measures as a means to calm traffic. Low cost measures include things like education and enforcement, lane narrowing (e.g., striping or tubular marker island); pavement messages (e.g., 30 MPH, SLOW, etc.); and, additional signage. When the 85`i' percentile is 35 mph or higher than the speed concern will be brought before Council to consider potential engineering solutions as a means to calm traffic. Examples of engineering solutions include: lane narrowing, curb extensions, speed awareness display signs; raised intersections; and, roadway alignment revisions (e.g., adding curves to straight roadways). Mr. Rickart stated possible funding sources for the appropriate measures can be included in the capital improvement program, they can be special requests from the City Council or a special assessment for the area. Mr. Rickart noted that following the installation of traffic calming measure(s) a review period of up to nine months will be initiated to measure the effectiveness and determine if the objectives are being met. He also noted the meeting packet contains a copy of a draft speed concern evaluation process in decision diagram form. Mr. Rickart cited an example where he used the just described process to evaluate speed concerns on thirty roadway segments in the City of Bloomington where the speed limit was 30 mph. Of the 30 segments the 85 " percentile was over 30 mph for 7 of them, over 33 mph for 2 of them, more than 33 mph but less than 35 mph for 1 of them, and over 35 mph for I of them. The recommendation for the one segment where the 85t' percentile was over 35 mph was driver feedback signs (they flash back a vehicle's speed). The review process is currently underway. Based on initial data it appears the speed being driven has dropped. For the other areas speeds are being enforced more heavily. He noted there is now what he calls neighborhood sized driver feedback signs. They are 24 inches by 18 inches in size with 9 inch letters. Mr. Rickart stated WSB & Associates provided some speed data for Country Club Road about a year ago. For that the 85`x' percentile speed was 35 mph. WSB recommended some low -cost striping improvements to help slow traffic. He does not think any additional speed data has been collected since then so he is not sure if the speeds have slowed down or not. Councilmember Siakel asked what the best way to collect true speed data is. She stated the speed awareness display was used to capture data. She related that residents claim that drivers slow down when CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 15 of 22 the display is on but when it is gone they revert back to driving at higher speeds. She asked what the options are for collecting speed data. Mr. Rickart stated there are three different ways to capture the data — 1) have someone with a radar gun collect the data by hand; 2) road tubes set a certain distance apart that can be used to capture speed data and to collect traffic counts; and 3) use the speed display awareness signs to capture the speed data and traffic counts with the display on and with the display off. The tubes are the most cost effective and best way. With the display on and off there was not much difference in the speed on Country Club Road. Siakel stated she believes there is something she calls seasonal speeding order (SSD). The speeds get worse in the spring and when the school buses come out. She asked if it would make sense for the City to put tubes down on Country Club Road before implementing any traffic calming measures. The City would have two data points to compare. If they are more alike than different then the City can say whatever it is proposing is a reasonable plan. Mr. Rickart stated doing tube counts would be an option for County Club Road. Director Brown stated tube counts were done when the former City Engineer was here. Two sets of tubes were put down. He noted that the counts for the speed display awareness trailer with display on, the speed display awareness trailer with display off, and the tubes were very similar. Councilmember Woodruff asked how speed enforcement activity in the Bloomington study impacted speed. Mr. Rickart stated that is two months into the review process. The most vocal residents about excessive speeds perceive the traveled speed has dropped albeit not as much as they would like. Woodruff stated it is his suspicion that the bulk of the traffic on Country Club Road is cut - through traffic. He asked Mr. Rickart if enforcement would be a reasonable first step approach. Mr. Rickart stated enforcement would be the first thing to try if that is possible. Woodruff then stated that he had sticker shock about speed awareness signs costing about $17,000 for two signs compared to overtime costs for the police department to increase speed enforcement. He expressed his preference to start with increased enforcement augmented with some other low cost options. Director Brown stated he thought the cost of the signs have come down. Mr. Rickart stated the cost for a neighborhood size driver feedback signs is about $2,000 for electric signs and $3,000 for solar signs. Brown stated it's prudent to pay attention to the difference in size of the signs. The speed awareness sign on County Road 15 is the larger sign. Woodruff stated the smaller size is okay for a roadway like Country Club Road. Mayor Zerby stated when Council first saw this it was a 50 percentile mark. That is now 85 percentile. If it is really the 85 °i percentile than the posted speed limit is wrong and that needs to be adjusted. He then stated Country Club Road is a high - volume connector road with lots of traffic. That is not part of the equation. He noted the process does not take into account how close the traffic is to residential properties. He stated it appears the only thing being considered is speed. He noted that he does not agree with the 85th percentile. It is not a good fit for an issue such as the one on Country Club Road. He noted that he has been an advocate for the feedback measurement about traffic speeds. He stated he thought traffic enforcement is a temporary solution; drivers tend to get traffic amnesia six months after the traffic enforcement is done. A speed awareness display sign does capture speed data on a 24/7 hour 365 day basis. He then stated the $4,000 to pay for the neighborhood display signs is a small price to pay to help reduce speeds. Councilmember Siakel asked if Council is talking about two things. What Mr. Rickart is talking about is a process for handling complaints. The second part is about how to address concerns. She asked Mayor Zerby if he is suggesting changing the process to address a different percentile. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 16 of 22 Mayor Zerby stated his understanding from staff is that the City can put up speed awareness display signs on Country Club Road. But, it will have to deal with concerns from residents in other areas. He then stated he thought the goal is to create a standard policy that will justify why something was done in a particular area of the City. He understands staff to be asking Council to create the policy first before deciding what to do about Country Club Road. He went on to state following the diagram it does not warrant speed awareness display signs; it warrants striping. Councilmember Woodruff stated with regard to eligibility he understood Mr. Rickart to say Country Club Road is eligible for speed awareness display signs because it has speeds in excess of 33 mph on a 30 mph posted roadway. He asked if the neighborhood display signs capture speed data. Mr. Rickart responded they do. Woodruff then stated there are a lot of trees along Country Club Road. He asked if there is enough sunlight to run solar powered signs. Mr. Rickart stated he will have to look, noting they are pretty powerful. Woodruff stated he likes the evaluation process in decision diagram form. But, he would like to generalize it to deal with posted speed limits less than 30 mph. He then stated Country Club Road is different than the roadway he lives near. Councilmember Siakel stated from her perspective applying the process being discussed still allows Council some discretion. Councilmember Woodruff stated he views the process as a guideline. There is a menu of things to choose from. Director Brown stated he and Mr. Rickart have been going back and forth about how to put parameters in place that give the residents the perspective that things are moving forward in a predictable manner while not locking Council into a specific decision. He then stated he has been pressuring Mr. Rickart regarding how the percentages should work because the City cannot afford to have speed display awareness signs in every neighborhood. Nor, would the City want them in every neighborhood; they would lose their effectiveness. Councilmember Woodruff stated he agrees with Director Brown's comments. He then stated that maybe the solar display signs could be moved by staff to another neighborhood each year. Director Brown stated staff is asking Council to approve this guideline or amended guideline / policy this evening. If it is approved then staff will price speed awareness display signs and invite residents along Country Club Road to attend a Council meeting to make them aware of what is going on. Woodruff moved, Siakel seconded, accepting the memorandum from Mr. Rickart and the speed concern evaluation process in decision diagram form subject to revising it in the future to also address roadways with posted speed limits less than 30 miles per hours. Motion passed 4/0. Director Brown thanked Mr. Rickart for all of his efforts. Mayor Zerby recessed the meeting at 8:52 P.M. Mayor Zerby reconvened the meeting at 8:59 P.M. Discussion returned to Item 8.G on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 17 of 22 B. Accept Proposal for Professional Services for Wetland Delineation and Permitting for the Valleywood Lane / Valleywood Circle Improvement Project Director Brown stated the meeting packet contains a copy of a proposal from WSB & Associates for professional services to conduct a field wetland delineation study, prepare and submit a wetland delineation report, and prepare and submit a permit application to the Minnehaha Creed Watershed District. The proposal states the cost for those three things is $8,142. This work will be done in conjunction with the design work for the Valleywood Circle / Valleywood Lane roadway reconstruction proj ect. Siakel moved, Sundberg seconded, approving the proposal for professional services from WSB & Associates for wetland delineation and associated services as outlined in the proposal dated May 22, 2013. Motion passed 4/0. C. Proposed Improvements to the Intersection of County Road 19 and State Trunk Highway 7 Director Brown clarified Council is not being asked to take any formal action this evening on the proposed improvements to the intersection of County Road 19 and State Trunk Highway 7. At some point the Shorewood City Council and the Excelsior City Council will be asked to approve the final design and revised agreement for the existing signal at the intersection. The Minnesota Department of Transportation (MnDOT), Hennepin County, City of Excelsior and the City of Shorewood are all parties to the existing agreement and all have a piece of the intersection. Brown explained the proposed improvements include the addition of a double left turn lane from eastbound Highway 7 to northbound County Road 19, the addition of a refuge island for pedestrian crossings, and replacing the existing traffic signal at the intersection. The free right turn on the northeast corner will be taken away. Brown then explained that staff has recommended to the County DOT that a remote sensor for an Emergency Vehicle Preemption (EVP) device be added to the traffic signal. The EVP systems trigger the signal to turn green in the direction of travel for emergency vehicles approaching a signal light. He clarified that police and fire think things work okay. But, he does not think the way things are is the proper engineering solution. The County DOT agrees with what he has proposed. Brown stated MnDOT has estimated the cost of the concept plan to be $400,000. He noted that he had asked MnDOT what each agencies portion of that cost would be and MnDOT declined to provide that information at this time. MnDOT did say the breakout would probably be one -third city. Councilmember Siakel asked if the refuge island would be in the middle of Highway 7 between opposing directions of traffic. Director Brown said it would Brown noted that the DOT tries to provide adequate time at the lights so pedestrians have time to cross the roadway entirely. He explained that typically when a signal goes from walk to don't walk there is about 13 — 15 seconds to finish crossing the roadway. Siakel stated she has been caught in the turn lane trying to get on to Highway 7 and she finds that terrifying. She can't imagine being on the refuge island. Siakel asked if MnDOT would entertain something like a pedestrian bridge. Brown stated it's his recollection that a number of years ago a pedestrian overpass was considered for this intersection but most times things like that come down to cost. Siakel then asked if the loss of the free right hand turn on the north east corner of the intersection will mean drivers will have to come to a stop light before going north on Country Road 19 at Highway 7, Director Brown stated that Councilmember Woodruff had questioned if the stacking distance back east on CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 18 of 22 Highway 7 would be adequate if that modification were made. Brown explained that he did pose that question to Chuck Rickart a certified Professional Traffic Engineer with WSB & Associates. Right now the only thing that would prevent a vehicle traveling west on Highway 7 to turn right onto County Road 19 north would be when vehicles traveling cast on Highway 7 have the signal to turn left onto County Road 19 north. He and Mr. Rickart are going to ask MnDOT if it could put a green permissive right turn arrow on the signal when traveling west. There would be a green arrow all of the time to make the right hand turn except when vehicles traveling east on Highway 7 have the signal to turn left onto County Road 19 north. He related that Mr. Rickart thought the stacking would be adequate. Staff will ask MnDOT to support that conclusion during the final design process. Councilmember Woodruff stated he thought the green permissive right turn arrow would be a good solution. He commented that he did not know the city borders were gerrymandered so that Shorewood would own the intersection. He suggested the 2014 Galpin Lake Road trail / sidewalk project get in this queue with the hope that MnDOT would pay for part of that project. Mayor Zerby told staff if they would like anyone on the Council to talk to MnDOT they would be happy to do so. D. Minnehaha Creek Watershed District Draft Amendment to the Capital Improvement Section of its Comprehensive Water Resource Management Plan Director Brown stated the Minnehaha Creek Watershed District (MCWD) has requested comments about its draft plan amendments to the Capital Improvement Program (CIP) of its Comprehensive Water Resources Management Plan (WRMP). The MCWD has drafted two draft WRMP amendments — 5.8.2 and 5.8.5. The amendments give the MCWD the flexibility to move CIP dollars between projects as priorities change. Councilmember Woodruff stated the proposed amendments make sense to him. He then stated is seems that the impetus for the amendments have to do with Minnehaha Creek related projects which are downstream from Shorewood and Lake Minnetonka. He asked if that is what staff thinks. Director Brown stated the MCWD projects mentioned are downstream. Brown then stated the amendments are for the MCWD's entire CIP and WRMP. 10. GENERAL/NEW BUSINESS A. Fee Ordinance Amendment Administrator Joynes stated the meeting packet contains a copy of a draft ordinance making amendments to City's current fee schedule. The first change addresses the increase in cost for some water meters and meter supplies. The current schedule contains items no longer needed due to the migration to radio -read meters so they were deleted. The second change adds a new zoning permit fee in the amount of $20. Council has discussed the new permit fee before. Councilmember Woodruff stated under Water Meters some of the fees are actual amounts and others are cost plus 10 percent. He suggested changing them all to cost plus 10 percent. Then the fee schedule would not have to be changed when the price goes up. Director Brown explained that early on during his tenure with the City there were a number of instances where water meters were not maintained correctly or installed correctly would break the freeze plate. When that happened a utility room or basement could have been flooded. When that happened property owners came to City hall frustrated because they believe it was caused by a faulty water meter. Property owners became more frustrated when they found out the City was going to charge them for a new meter. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 19 of 22 Over the years the City has thought the better way to handle this was to build in a 10 percent cost into the system and then offer property owners one replacement meter for free during some defined period. Councilmember Woodruff noted that the 10 percent does not deal with residential meters. Administrator Joynes stated staff will change the all the fees for water meters to cost plus 10 percent. Woodruff moved, Siakel seconded, Approving ORDINANCE NO. 502, "An Ordinance Amending Section 1301.02 of the Shorewood City Code Relating to the Establishment of Fees and Charges" subject to changing the fee for all of the items under Water Meter to cost plus 10 percent and changing the City Code Reference for Meter test to 903.08 Subd. 4. Motion passed 4/0. B. Fourth of July Event and Request for Support Administrator Joynes stated the Excelsior — Lake Minnetonka Chamber of Commerce Executive Director has asked the City to again make a contribution toward the Fourth of July fireworks event. He noted the 2013 Operating Budget allocates $5,000 for that purpose. Siakel moved, Sundberg seconded, authorizing $5,000 of funding to the South Lake — Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July celebration. Motion passed 4/0. C. HeatSeeker Contract Addendum — Southshore Community Center Administrator Joynes explained the proposed addendum to the City's contract with HeatSeeker Technology Partners, Inc., would allow for a technology connection between the Southshore Community Center (SSCC), City Hall and the Public Works facility. The computers would be on the same network and the SSCC's data files would be on the file sewer and be backed up regularly. The phones would also be interconnected. Calls could then be transferred from City Hail to the SSCC and vice versa. Staff at City Hall would also be able to answer calls to the SSCC if need be. The benefits would be a fairly good increase in customer service for a modest increase in price (an approximate $68 monthly increase over what is currently being spent). The addendum will run co- terminus with the current contract which runs through May 2016. Councilmember Woodruff stated what staff has proposed makes sense. He then stated the City is not sure where it is going with the SSCC; there needs to be more discussion about that. He went on to state doing this would be a significant benefit to the current interim SSCC operations; they would be more efficient. Administrator Joynes noted it would be beneficial under any structure. Woodruff then stated the City does not want to disconnect the Mediacom service because the City gets cable television service for free. Siakel moved, Woodruff seconded, accepting the staff recommendation to network the Southshore Community Center and purchase the necessary hardware and software to integrate the systems via HeatSeeker Technology Partners, Inc. Mayor Zerby noted he thinks this is a great idea. He stated he envisions putting an IP camera in the reception area at the SSCC eventually. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 20 of 22 IL OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Spring Clean -up Report Director Brown stated the meeting packet contains a copy of a memorandum about the amount of materials collected during the City spring clean -up event on May 18. He explained that 7636 pound of paper were shredded; 5 loads (or 17.34 tons) of general refuse were collected; 79 appliances, 8 water softeners, 46 power equipment items, 928 pounds of batteries, 11715 pounds of electronics, and 420 Fluorescent bulbs were collected; and, 37 bicycles were collected (approximately 900 pounds of metal, rubber and plastic). He noted all invoices have not been received yet. When they are all in staff will let Council know the end financials. Councilmember Siakel stated the Public Works staff did an excellent job. She noted that she contributed significantly. She then noted the shredding service is great and staff put on a great face for the City. She thanked staff for its efforts. 2. Financial Reports Director DeJong stated the meeting packet contains a copy of the April 2013 General Fund Monthly Budget Report and a copy of the March 2013 Quarterly Investment Report. There are no concerns about the 2013 General Fund to date. Mayor Zerby asked Director DeJong to give an update on the accounting system project. DeJong stated the second to the last demo is scheduled for May 29. DeJong noted his plan is to bring a proposal to Council for consideration during its June 24 meeting. 3. City Hall Fourth of July Holiday Schedule Administrator Joynes explained that in the past when the Fourth of July holiday fell near the weekend City Hall officially closed the day before or the day after the holiday. Following that practice staff suggests City Hall be closed on Thursday, July 4 and on Friday, July 5. City Hall staff will be allowed to use their personally holiday or vacation time July 5. City Hall staff can chose to work on July S. He noted Public Works will be open on July 5. Siakel moved, Woodruff seconded, accepting the Fourth of July holiday schedule as recommended by staff. Motion passed 4/0. Mayor Zerby asked Director Brown if anyone has contacted the Minnesota Department of Transportation (MnDOT) about changing the traffic signal on July 4 after the fireworks. He stated South Lake Minnetonka Department Police Department Chief Litsey told him changing the signal in 2012 was effective. 'Zerby thought it could be adjusted even a bit more to get vehicles out of the area sooner. E�Ii'T$i Mayor Zerby asked Director Brown if he has had any conversation yet with MnDOT about the State Trunk Highway 7 and Vine Hill Road intersection. Brown responded a meeting between the mayors and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 21 of 22 administrators of Shorewood and Deephaven and interested MnDOT engineers is in the process of being scheduled. City Engineer Homby stated on June IS from 5:00 P.M. — 7:00 P.M. the Metropolitan Council Environment Services (MCES) is holding an open house about its forcemain project for people in the Cities of Deephaven, Excelsior and Shorewood (the project area). Director Brown stated a sport court surface has been put down on the tennis court(s) at Manor Park. He then stated the lift station rehabilitation project near Edgewood Road required the roadway to be closed for a while; it is open to one lane now and soon both lanes will be open. The lift station rehabilitation project off Smithtown Road near the City of Victoria border had required the closure of Strawberry Lane for the Ashland Woods Division. Strawberry Lane is back open to traffic; there is temporary asphalt fillings down. B. Mayor and City Council 1. Invitation for Participation in a Lake Minnetonka Regional Scenic Byway Mayor Zerby noted that he, on behalf of the City, received an invitation from Wayzata Mayor Wilcox for the City of Shorewood to participate in a Lake Minnetonka regional scenic byways initiative. The other twelve cities Lake Minnetonka communities also received the same invitation. Wayzata has been working on the project for some time. He explained the byways route would make it possible to traverse around Lake Minnetonka following historic roadways. There are two small pieces of the route that connect Excelsior to Shorewood. He noted he is thrilled about this opportunity. He stated he is not sure how to participate in this initiative and is seeking guidance from staff. Administrator Joynes stated he does not have an answer at this time and that he will keep Council advised. Zerby noted that Mayor Wilcox has reached out to meet with him and he suggested that Joynes participate in that meeting. Couneilmember Woodruff stated he thought the concept is good. He then stated he was fascinated by the list of attractions. He clarified that Crane Island is located in the City of Minnetrista not Shorewood. The address for the Peter Gideon Farmhouse, 24590 Glen Road, does not exist. He stated it is unfortunate Shorewood does not have more to contribute. Director Nielsen stated a lot of the buildings are gone. Other Councilmember Siakel stated she attended an Excelsior Fire District (EFD) Fire Board regular meeting on May 22, 2013. She then stated she thought the EFD staff does an incredible job and EFD Chief Gerber does an excellent job of presenting. She explained there is an issue that needs to be discussed; the compensation for the Fire Chief, the Fire Inspector, the Administrative Assistant and firefighter call pay and per- year -of- service benefit. During the April 17 EFD Board budget work session the Board asked that a market analysis be conducted. Data from the League of Minnesota Cities (LMC) was collected and a survey of other fire departments was conducted by EFD Chief Gerber. That information was reviewed during the May 22 meeting. A decision was made to form a subcommittee to review the data. The subcommittee is comprised of the EFD Operating Committee Members (the member City Administrators/Manager), ETD Boardmember Ansari and herself. The subcommittee is to come back to the Board with recommendations. She asked Council to provide her with feedback about what services it wants from the Department and what type of quality it wants delivered to the residents. She noted she will provide Council with a full report once it has been discussed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 28, 2013 Page 22 of 22 Mayor Zerby stated he attended a South Lake Minnetonka Police Department (SLMPD) Coordinating Committee regular meeting on May 21, 2013. There was preliminary discussion about the SLMPD's 2014 budget. He noted there is an SLMPD budget work session scheduled for June 26. 13. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of May 28, 2013, at 9:45 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott 7e` by;41ayor C Man Panchyshyn, CiVy Clef k