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07-22-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 22, 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 7:08 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sundberg, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director De7ong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Homby Absent: None. B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 8, 2013 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of July 8, 2013, as amended in Item 2, Page 2, Paragraph 7, Sentence 6 change "... that would amount to about a $30,000 for the City" to "... that would amount to about a $30,000 increase for the City" and in Item 2, Page 3, Paragraph 13, Sentence 4 change "...because it hides the fact that the City is taxing from the residents" to "... because it hides the fact that the City is taxing the residents ". Motion passed 510. B. City Council Regular Meeting Minutes, July 8, 2013 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of July 8, 2013, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Accepting a Donation from James Laing Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 2 of 16 4. MATTERS FROM THE FLOOR Jeff Ische, 25365 Smithtown Road, asked what the City's long -term plan for Badger Park is. He noted that his son and daughter use the Park for athletics. He stated he thought the football /lacrosse field was unsafe for play the fall of 2011 and 2012 and the spring of 2013 because of how much it has deteriorated. Director Brown explained the Park Commission and the City Council have been having discussions about the long -term plan. There has been some discussion about reorienting the field. The investment in lighting comes into play if that is considered. He noted the City received a proposal from the Lacrosse Association to assist the City with installing an irrigation system for the field which would dramatically help improve its condition. Be stated it would not be prudent to move ahead with that if it will end up being taken out or moved in a year or two. He encouraged Mr. Ische to bring suggestions to the Park Commission and City Council. Councilmember Siakel noted she served as the Council liaison to the Park Commission for the first six months of this year. Badger Park has been a topic of discussion for the Commission on and off for the last year. Siakel asked Mr. Ische how he and his family use the Park. Mr. Ische stated his son plays football and lacrosse there and during game time his daughter and her friends are usually on the playground. He noted he coaches his son's team. Mr. Ische stated from his, as well as other parents' perspective, the field doesn't represent Shorewood or Minnetonka Youth Athletics very well. He noted the fields in the Cities of Edina, Orono, and Wayzata are never in as poor condition as the one in Badger Park. He stated as a coach he is put in a position to try and minimize injuries. Yet, the last two falls the field was 25 percent dirt. He then stated he would love to be part of a discussion about Badger Park. He noted he manages a golf course for a living and therefore he has very strong industry ties. He stated he may be able to get materials and perhaps equipment to use at a very discounted, if not free, rate. He has a very good relationship with an irrigation designer who might possibly do something in kind. He then stated if the Lacrosse Association is willing to contribute towards an irrigation system, he recommended the City capitalize on that even if the field may be reoriented in three years. Director Brown thanked Mr. Ische for his offer Councilmember Sandberg stated based on Mr. Ische's credentials and generous offer she encouraged him to apply for a seat on the Park Commission when one becomes open. Mr. Ische stated he strongly considered applying the last time there was an opening (last winter) but at that time he was on two association boards that consumed a fair amount of his time. He is no longer a director on those boards. He would be interested in learning more about how the Park Commission operates. Councilmember Woodruff stated he thought it was time for the Park Commission and City Council to make a decision about what improvements need to be made to Badger Park. It will likely come down to what is affordable for the City to do. He thought the Park improvements should be part of the budget discussion. Director Nielsen noted there is money in the City's 2014 Park Capital Improvement Program (CIP) for some improvements to Badger Park. He stated Council will be provided a concept plan for Badger Park during its August 12 meeting. Councilmember Woodruff encouraged Mr. Ische to come to the August 12 meeting to hear what the Park Commission is proposing. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 3 of 16 Mr. Ische expressed hope that funding is being considered for improvements to Badger Park. Mayor Zerby also encouraged Mr. Ische to apply for a seat on the Park Commission, while noting it has been some time since there was a person from organized sports on the Commission. Councilmember Sandberg stated Council spent the previous hour talking about budgets. In the not too distant future Council will likely have to make some tough choices; choices that will likely impact residents. She asked Mr. Ische if the residents are willing to pay a little more to improve the level of service. Mr. Ische stated at the club he manages the dues are increased to spruce up the facilities as well as to give the membership something they don't have. He then stated if the City increases taxes to do what the City needs to do, it should also consider giving residents something they want. Mayor Zerby thanked Mr. Ische for his comments. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Report by Mark Sylvester on Lake Minnetonka Conservation District (LMCD) Activities Administrator Joynes noted this agenda item has been rescheduled for the August 26 Council meeting. 7. PARKS A. Report on the July 9, 2013, Park Commission Meeting Park Commissioner Sawtell reported on matters considered and actions taken at the July 9, 2013, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Woodruff stated Commissioner Sawtell reported that Gary Ezell, representing Joey Nova's in Tonka Bay, came to the July 9 Park Commission meeting and expressed interest in being involved with the City's Movie in the Park event scheduled for September 13, as well as any other event. He noted that he thought it was a great offer. He asked what process the City has to follow to take advantage of the offer. He stated the City has a contract with someone to run the concession stand at Eddy Station. He asked if the City needs a contract with Joey Nova's and if the City has to advertise that opportunity to find out if there are other interested parties. He clarified he does not want Joey Nova's representatives to think the City doesn't want them. But, as a public entity he is not sure the City can just accept the offer. Commissioner Sawtell stated the Park Commission did talk about that issue. Director Nielsen stated the past policy has been to take the company that comes forward. For example, the American Legion volunteered for the music event and the Park Commission accepted that. The City did make sure the Legion had insurance. Joey Nova's would be doing a similar thing and offered to do more. The Commission accepted Joey Nova's offer. He noted he is not sure if it warrants a contract. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 4 of 16 Councilmember Woodruff commented the American Legion is a not for profit organization that also donates to various things. Joey Nova's is a for profit business. Other businesses may feel left out. Director Nielsen noted that in the past the City has gone begging for businesses to participate. He stated Famous Dave's participated one or two years with an event. B. Grizzly's participated with the Arctic Fever event one year. Councilmember Sundberg asked Commissioner Sawtell if anyone else approached the Park Commission with a similar proposal. Sawtell responded no. Sundberg cautioned against penalizing creative businesses for presenting ideas that could improve events. Attorney Keane stated a co- marketing agreement of this nature does not fall within the requirements of competitive bidding. It could be a voluntary agreement that is available to anyone. Councilmember Siakel stated what is being talked about now is a one night event. It's not about providing a continuing service like the concession stand. Commissioner Sawtell clarified the Park Commissioner and Mr. Ezell specifically talked about the Movie in the Park event and Mr. Ezell offered to consider being involved with other events as well. Mayor Zerby stated that when he walked the trail at Gideon Glen, part of the trail was washed out. He questioned if water flowing from the American Legion property caused the washout. He stated during Council's June 24, 2013, meeting there was a question about who was responsible for maintaining Gideon Glen. Director Brown had indicated during that meeting that he thought it was the Minnehaha Creek Watershed District's (MCWD) responsibility to maintain the vegetation and that it would be verified. Brown stated staff has not had time to research that yet. Brown clarified that the City is responsible for trails at Gideon Glen, but because of the rain events this season Public Works has been involved with other activities. Zerby stated from his untrained eye it seems that there is a lot of stormwater runoff from the parking lots flowing into Gideon Glen. Councilmember Woodruff commented the stormwater runoff has been an ongoing problem. Brown stated he will review the contract with the MCWD. Zerby noted the washout does create a liability issue and that he would like it resolved sooner versus later. 8. PLANNING A. Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: Jeff and Jennifer Ische Location: 25365 Smithtown Road Director Nielsen explained the Jeff and Jennifer Ische own the property located at 25635 Smithtown Road. The property is zoned R -1A, Single - Family Residential and is over two acres in size. The applicants are proposing to build a second detached garage on their property. The new garage would be located on the west side of the loop driveway. The floor area of the new garage when combined with the Isches' existing detached garage and utility shed brings the total area of accessory space on the property to over 1200 square feet (1637). That requires a conditional use permit (C.U.P.) under the City's Zoning Code. The request satisfies the four criteria set forth in the ordinance for granting this type of C.U.P. The Planning Commission held a public hearing on the request during its July 2, 2013, meeting. The Commission recommends approval of the request without any additional conditions. The new garage will be very well screened from the road and the abutting properties. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 5 of 16 Woodruff moved, Hower seconded, Adopting RESOLUTION NO. 13 -042, "A Resolution Granting a Conditional use Permit for Construction of Accessory Space in Excess of 1200 Square Feet of Area to Jeff and Jennifer Ische, 25365 Smithtown Road." Motion passed 5/0. 9. ENGINEERING /PUBLIC WORKS A. Accept Bids and Consider Award of Construction Contract for the 2013 Sealcoat Project, City Project 13 -08 Mayor Zerby noted that at the dais this evening Council found a copy of a memorandum from Engineer Hornby documenting the results of the bid opening earlier in the day for the 2014 sealcoat project. Engineer Hornby explained the 2014 sealcoat project is a collaborative project between the Cities of Shorewood, Tonka Bay and Victoria. One bid was received for the project. The bidder was Allied Blacktop Company. The bid amount for the entire project is $281,224.90 which is less than the Engineer's Opinion of Cost of $287,478.75. Shorewood's participating amount is $139,464.40; Tonka Bay's participating amount is $59,977.00; and, Victoria's participating amount is $81,783.50. The information received today contains a copy of a resolution awarding the contract. He recommended motion be contingent upon concurrence to award by the Cities of Tonka Bay and Victoria. Mayor Zerby stated he thinks it is great that the City is working with other cities to get better pricing on the sealcoating. He noted he is pleased that striping is part of the project. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13 -043, "A Resolution Accepting Bids and Awarding Contract for the 2013 Seal Coat Project, City Project 13 -08, to Allied Blacktop Company for a Total Project Amount of $281,224.90 with Shorewood's Participating Amount being $139,464.40" contingent upon concurrence to award by the Cities of Tonka Bay and Victoria. Motion passed 5/0. B. Easement for Access, Construction and Maintenance, and Maintenance Declaration for Apple Road Drainage Improvements, City Project 11 -15 Engineer Hornby explained the copy of the resolution included in the meeting packet if adopted would approve the Agreement for the Easement and Maintenance Declaration. The City already holds a drainage and utility easement over the area where the proposed work is to be done for the Apple Road Creek Restoration Project. The Agreement is a requirement of the permitting and funding from the Minnehaha Creek Watershed District's (MCWD) for this Project. The Agreement includes restrictions for what the property owners can do after the improvements are made. The MCWD does not want the property owners to do their own landscaping after certain plantings have gone in. The Agreement also ties the City to perpetual maintenance of the plantings that are going in. The Agreement identifies a three -year maintenance program specific to watering the new plantings, eliminating weeds, and replacing and reseeding as necessary. After that it identifies the ongoing maintenance requirements. He noted the meeting packet contains a copy of the Agreement in a generic form. It is the same Agreement that all of the property owners affected by this project received. All of the property owners have signed the Agreement. He then noted once the Agreements have been submitted to the MCWD and the City receives the necessary permit work can be started. Planting will be done in the fall. Councilmember Woodruff asked who will be responsible for doing the maintenance work the City is responsible for (staff or a contractor) and where will the funding come from. Engineer Hornby responded it could be done by Public Works personnel or it could be contracted out, and that the cost is not reflected CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 6 of 16 in the budget. Woodruff noted that it's been conveyed that Public Works personnel do not have expertise with plantings. Therefore, it will have to be contracted out. I-Ie stated he would like to know the cost of doing that. Councilmember Siakel stated it may be appropriate to hire seasonal Public Works help that has expertise with plantings. That expertise is needed for other areas as well. Mayor Zerby noted that he continues to believe the City has to develop a landscaping standard defining what level of service will be provided to areas. The level of service should be minimal. Councilmember Woodruff noted the Agreement stipulates what the City has to do for maintenance. It must assume that whoever is going to do the work has some knowledge of what they are going to do. He suggested staff make a recommendation to Council on how to address the need. Director Brown stated maintenance of the community garden areas, Gideon Glen, the area near the Silver Lake outlet and this area all require a higher level of service. Public Works personnel do not have that type of expertise. He noted that he thought it's a great idea to hire a seasonal person with the expertise to provide the higher level of service or to contract it out. Councilmember Woodruff stated he thought it reasonable to assume there will be more areas like this that will require similar expertise because of Municipal Separate Storm Sewer System (MS4) permitting requirements. Therefore, that needs to be planned for on an ongoing basis. Councilmember Siakel asked if the cost for doing what the MCWD is requiring at the Silver Lake outlet area and other areas should be funded out of the Stormwater Management budget. Director Brown stated he believes it is a stormwater management function. Mayor Zerby asked if the MCWD came up with the requirements for maintenance. He stated, for example, the City does not remove invasive species from City -owned parks. The Agreement states "Removal of invasive species will occur on an ongoing basis. Weeds will be hand pulled or spot treated with aquatic formulations of herbicide according to instructions on the herbicide label." It also states "Upland and streambank plantings will be replaced and seeded areas will be reseeded as necessary in the spring and fall in accordance with the approved plan to maintain the ecological health and function of the streambank." He asked if it would be appropriate for the City to push back on some of the maintenance requirements. They seem quite onerous. Engineer Hornby stated some of the requirements in the Agreement are tied to receiving funding from the MCWD. The intent is to have a commitment to maintain what the MCWD helped fund. He then stated he will review the agreement with the consultant who developed the plan to see if it included costs to provide the maintenance for the first three years. He noted that the maintenance should be less after the first three years. Mayor Zerby asked if the City and the MCWD have negotiated the maintenance requirements. It seems to be one sided. Engineer Homby explained the project has been on hold for about the last year because those items were being negotiated. The former city engineer had spent a fair amount of time with MCWD representatives on this. And, he thought Attorney Keane and the attorney for the MCWD have been negotiating with each other. Mayor Zerby asked if the MCWD originally stipulated more maintenance requirements. Hornby stated he was not involved in those discussions; the former city engineer was. CITY OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 7 of 16 Councilmember Woodruff stated this project was approved by Council early last year. Director Brown stated that is correct. Brown explained the project was at first held up during negotiations for the easement agreements. Then the MCWD essentially came back with requirements that did appear onerous. The former engineer attempted to get those reduced. Woodruff asked if this project is substantially complete. Brown explained trees have been cleared from the site and some minor erosion controls have been established. Woodruff stated he did not think he attended the meeting when this was approved. Woodruff noted that Council can decide if it wants to move forward with this project. Councilmember Siakel stated this project needs to be done and it would be cost prohibitive for the City to do it on its own. The fact that the MCWD is involved at all is a good thing. She then stated she thought the MCWD specifying what its requirements for maintenance are in such detail seems to make the task onerous. She asked if the City has to exactly do the maintenance as stipulated by the MCWD. Engineer Honiby explained how WSB & Associates (WSB) would normally do this type of thing. It would send a natural resource scientist to the site to identify which plants are invasive and which are intended to grow there. Two or three times a year it would have one or two people walk the site and either pull out weeds or spray them. That would be about one days' time for one or two people. WSB does this with wetland restorations and similar type projects. He stated that work is not a costly item. A contractor could be hired to do the work and the annual maintenance. He noted he did not think the work is onerous. If the City could match the season it could potentially hire a natural resource intern. But, it has to be a person with the right knowledge. Councilmember Siakel stated she thought it reasonable that the City would be responsible for maintenance. She noted she would like to have some idea of what it will cost. Director Brown stated planting will not be done until fall. Therefore, there is time for staff to come back with an estimated cost. Councilmembers Siakel and Woodruff stated they would appreciate having that. Councilmember Hotvet stated she likes the idea of pursuing an intern or finding if there are programs to train people on how to do that. Councilmember Siakel asked if there is someone at with the MCWD who could lend some expertise in identifying invasive plants. Director Brown stated cities will start to see these types of proposals as common place. The MCWD is probably struggling with that also. Staff will check to find out if the MCWD has available resources but he doubts it would be willing to commit much time. He then stated the new MS4 requirements are making people get very creative with natural features such as rain gardens and plantings. Mayor Zerby stated he would appreciate staff bringing cost estimates back to Council. He then stated one of the MCWD's requirements is to submit brief annual reports on what maintenance was done (including specifies about the maintenance) along with photographs of the project area and he assumes Director Brown would have to do that. He noted that he would like to have staff go through the requirements and provide Council with their perspective on what is being asked for. There was Council consensus to continue this item to a future meeting. CITY OF SHOREWOOD REGULAR COUNCIL -MEETING MINUTES July 22, 2013 Page 8 of 16 10. GENERAL/NEW BUSINESS A. Rate Study Proposals Director DeJong stated the meeting packet contains a copy of two proposals for utility rate studies; one from Ehlers, Inc., and the other from Northland Securities, Inc., (Northland). Both have provided not -to- exceed quotes for four rate studies. Ehlers' quote is $24,500. Northland's quote is $20,000. Staff believes each firm would be good to work with and each has the capability of performing the work. The choice is up to Council. Councilmember Siakel stated she was surprised the quotes were so high. She then stated thought there is a definite need to do a stormwater rate study. She does not think there is a need to do a recycling rate study. She is unsure if there is a need to do a sewer rate study and water rate study. She asked Director DeJong what his thoughts are. DeJong stated he thought it would not be a problem to drop the recycling rate study. It's a small dollar enterprise operation and the rate increase implemented two years ago seems to be adequate. DeJong noted that if the City loses some of the grant funding it receives from Hennepin County in the future recycling rates would have to be increased to cover that cost. Mayor Zerby stated it's his recollection that City had a water rate study done three or four years ago. Administrator Joynes noted it was done in 2009. Councilmember Woodruff stated it's his recollection that it cost about $8,000 and it was done by Northland. Councilmember Woodruff stated he agrees with Councilmember Siakel that there is no need to contract out for a recycling rate study; it could be done by staff. He commented that the City has the results of the water rate study it did in 2009. He stated that Ehlers is proposing some things not considered before, but he is not sure it would be worth $8,000 to study those things. He then stated Ehlers provided an a la carte pricing proposal. Northland provided a proposal with a flat cost for the base process and one utility fund study plus an additional fee for each additional utility fund study. He noted that he is leaning toward Ehlers and eliminating the recycling and water components. Ehlers' cost to do the other two would be $13,000. He thought it would be a good value for the money. He stated he likes Ehlers' proposal for a number of reasons not the least of which is it will come back a year after the study to review the results to assess if the intended results were achieved. Councilmember Siakel stated she is also leaning toward Ehlers. She asked if the City could pick which rate studies to do with Ehlers. Director DeJong clarified the City could do that with both proposals. Councilmember Woodruff stated he thought the City should do both a stormwater and sewer rate study reiterating Ehlers cost to do that is $13,000. Northland would charge $14,000. Councilmember Siakel asked why the City should do a water rate study and a sewer rate study. Councilmember Woodruff stated the sewer utility fund is heading in the wrong direction. Administrator Joynes noted that since the last rate study in 2009 some assumptions about the Water Fund have been changed. He indicated that is a relatively complicated question. He stated he thought the Sewer Fund, the Stormwater Management Fund and the Water Fund are critical in establishing the stability the City is looking for. Councilmember Hotvet asked if Northland would be willing to look at the 2009 study it did and determine if it is still applicable. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 9 of 16 Councilmember Woodruff commented that from his perspective Northland's cost to do a water rate study should be significantly less than Ehlers because it did do the study in 2009 and the person who did the study would be part of Northland's team. Director Brown clarified there would be some base information collected during the 2009 study that would be of benefit to Northland. But, the questions and operating parameters are vastly different now. At the time of the 2009 study the then city council was looking specifically at what it would take build -out the City's water system to the entire City and if it would be possible to reduce the current water connection fee. Councilmember Woodruff stated from his perspective there were three objectives for the 2009 water rate study. One was what it would take to build out the water system throughout the City. Another was to establish a rate structure that would penalize high water usage users. And the third was to lower the base rate. He then stated he thought the water rate study could be done at a later date. Councilmember Sandberg stated she is leaning toward Ehlers. She thought it would be beneficial to get another perspective. She then stated she supports focusing on the sewer and stormwater rate studies. Woodruff moved, Sundberg seconded, retaining Ehlers, Inc., to conduct a sewer and a stormwater rate study for an amount of $13,000 with the costs being paid for out of the respective Enterprise Funds. Motion passed 510. B. Diseased Tree Strategy Director Nielsen clarified that staff does not expect Council to take any action on this item this evening. Staff is suggesting Council discuss a diseased tree strategy during at least several study sessions. Nielsen explained the memorandum from him (a copy of which is included in the meeting packet) is intended to describe the scope of the problem. A strategy should address all diseased trees with a focus now on those trees diseased with emerald ash borer (EAB). Professionals continue to believe that within the next 8 — 10 years ash trees will basically be gone. The question for cities is whether they should wait to let that happen and bear the expenses to deal with the issue in one to three budget cycles. Or, should they take a more proactive approach and start dealing with the issue now and spread the financial impact out over a longer time period, which is what staff suggests. When Dutch elm disease was prevalent in the 1970s the City took a very proactive, expense approach to dealing with it. Freeman Park was used as a bum site for debris. There are a lot of public ash trees in the City; probably higher than average. Preliminary estimates are that close to one half of the public trees are ash trees. It's closer to 70 percent in Freeman Park. The majority of the ash trees in the tree inventory the City has conducted are in or around Freeman Park. It's conservatively estimated that it will cost $70,000 or more a year to deal with 5 percent of the ash trees per year. The City of Minneapolis originally established a goal of deal with 10 percent of its public ash trees per year and quickly realized it could not afford to do that. It's his understanding that the Three Rivers Park District is just going to let trees go. That would raise issues with how the City wants diseased trees on private property to be handled. When Dutch elm disease was prevalent the City would mark diseased trees on private property and the property owner was required to remove it in a very short period of time. It would be difficult for the City to let public EAB diseased ash trees go and require private property owners to remove their EAB diseased trees when noticed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 10 of 16 Staff has talked about have a plan for dealing with EAB diseased trees in Freeman Park alone. Removing 70 percent of the trees in the Park would have a drastic impact on the City. If the City were to start to remove and replace sooner versus later it would allow some replacement trees to grow while others are being removed. Staff has also talked about using part of the August 12 Council work session to talk about a diseased tree strategy. Councilmember Hower stated she supports the idea of discussing this in a work session. She encouraged Director Nielsen to find out how surrounding communities (e.g., the Cities of Chanhassen and Victoria) are addressing this. She stated it would be futile to aggressively address this if cities close to Freeman Park are not going to do anything. She would like to be provided with that information for the work session when this will be discussed. Director Nielsen stated the City needs someone with expertise to direct what the strategy should be. If a forester were commissioned that would be something that could be shared by multiple cities. He commented that he does not think any South Lake city has its own forester, but they may contract with one. Mayor Zerby questioned if staff could work with a representative from the Minnesota Landscape Arboretum on this. Director Nielsen stated possibly. Zerby asked if the tree inventory is done. Nielsen stated there are a couple of streets yet to do. Nielsen noted that the Building Official is working on the inventory between other things. At one time a former member of the Planning Commission who had expertise with this was going to help with that task, but he ended up having surgery and could not do it. He explained a preliminary inventory map is done and he hopes that all of the streets will be on the map by the end of August. He thought the inventory is about 85 — 90 percent complete. Director Nielsen stated the current thought is to hold off on the larger trees and take out and replace smaller trees so the new trees can start to grow. He then stated he thought there are a few trees that warrant treating them. One is on the City Hall property. There are a couple ash trees in Silverwood Park that provide some nice shade. He stated that to him it makes sense for the replacement trees to be bare - root stock. He noted staff will put together better cost information and find out what surrounding communities are planning on doing. Councilmember Siakel requested staff prepared a draft plan for how to address the issue in Freeman Park for the first work session when this is discussed. It sounds it is the epicenter of the problem. The plan should identify what trees could be taken out now as well as a replacement approach. She noted there are three ash trees near the community garden in Freeman Park. She stated she thought they could be taken down this year. Director Nielsen stated staff could do a preliminary concept plan. But, at some point a professional must get involved. Councilmember Sundberg suggested that in the process of removing ash trees the City also remove invasive species such as buckthorn at the same time. Director Nielsen stated that would be possible. Director Nielsen stated it's prudent to replace the trees with a variety of types. 11. OLD BUSINESS A. City BrandlLogo Use Policy Mayor Zerby noted the meeting packet contains a copy of a draft City Logos Use Policy and a copy of a draft Request for Use of City Logos form. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page Il of 16 Administrator Joynes stated that during its July 8, 2013 meeting, Council and staff discussed the use of City logos. Council had been provided with a couple of complex policies for large cities. He had promised Council that he would provide a simplified version of a policy for consideration this evening. The Policy stipulates that Council would be responsible for considering applications use of City logos when a written request is made. The Policy does not apply to city publications or community events and programs established by the city which are co- sponsored with outside parties. Joynes reviewed the guidelines for use stipulated in the Policy. 1. The City of Shorewood logo, Shorewood trails logo, or any other City logos trademarked by the State of Minnesota may not be used to endorse any commercial product or service. 2. The City of Shorewood logos may not be used to solicit funds or other contributions of monetary value without written consent by motion of the City Council. 3. The City of Shorewood logos may not be used in any manner that could give rise to the appearance of such endorsement or solicitation. 4. Any use of the logos outside of city events and publications must have written consent by motion of the City Council. Joynes noted that to date the City has received sporadic requests. Council should be able to consider requests and decide which uses are legitimate. Councilmember Sandberg stated that she likes the simplicity of the guidelines and that the guidelines covered things well. She expressed her support of the guidelines as drafted. Councilmember Woodruff stated he has trouble with the third guideline. It refers to the endorsement or solicitation. Councilmember Sandberg stated she thought that is a nice catchall. Woodruff stated he is okay with how things are written. Mayor Z,erby asked if there will be any approval of how it will be used. He stated that usually when the use of a logo is approved the actual use is also visually approved. Administrator Joynes stated when the use is approved, the City will provide the setup and design of the logo that they can use. Zerby asked if the City would require a full -color use and not a black and white use. Joynes explained the City would ask what it will be used for and how it will be used. Joynes stated they may not want to use a color logo. But, they can't do anything with the design and content of the logo. Council may want to ask for a visual of what it will look like. Councilmember Hotvet suggested requiring the applicant provide a proof of how it will be used. Hotvet moved, Sundberg seconded, approving the City Logos Use Policy subject to adding a requirement that the applicant provide a proof of how it will be used upon authorization. Motion passed 5/0. B. Consider Proposal for Silver Lake /Covington Road Landscape Plan Director Brown explained during its June 10, 2013, meeting Council considered a proposal from WSB & Associates (WSB) for services to prepare a final landscape plan for the area known as the Sediment Trap for Silver Lake. Council asked that the objectives for the plan be clarified. He stated staff believes the updated proposal (a copy of which is included in the meeting packet) does that. He explained the plan is to address native plantings as requested. An arborist will evaluate the existing vegetation in the area to determine existing and future long -term viability of vegetation and provide a report on that. WSB will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 12 of 16 prepare a preliminary plan for Council's review and then provide a final plan in quote form. The City can then obtain quotes for doing the landscape work. The cost for doing the WSB work is $2,925. Staff is asking Council for authorization to move forward with the preparation of the landscape plan which will be paid for out of the Stormwater Management Fund. Brown noted staff is also asking Council to provide direction on the desired level of maintenance for the area. He explained some property owners in the area want it to be mowed as frequently as Silverwood Park is mowed. The area is located in a Shoreland District. There is an ongoing debate about whether the body of water referred to as Silver Lake is a wetland or a lake. The Minnesota Department of Natural Resources does not classify it as a navigable lake. Some people classify it a wetland. If it is a wetland it cannot be mowed within 35 feet of the edge of the water, the wetland buffer area. In response to a question from Councilmember Hotvet, Director Brown explained the $2,925 cost is to prepare a landscaping plan, do the evaluation of vegetation, and then prepare the plans and specifications for bidding. Councilmember Siakel stated she thought there are two options for the area. Develop a plan for natural plantings or just mow the area. She noted this area came up during the Park Commission's tour of City parks. She stated it could potentially be considered as part of Silverwood Park. The property owners in the area don't want that. She then stated the City has already spent a lot of money on the Silver Lake area. She questioned how much more Council wants the City wants to spend. She asked if native plants would still have to be maintained. She stated this is one of about five areas where Council has to decide on the level of maintenance service it wants to provide, noting Mayor Zerby has recommended before that Council develop a landscaping policy defining what level of service will be provided to City -owned areas. She noted she is unsure about what to do about this. Councilmember Hotvet stated this same type of issue will come up with trail projects. She expressed her agreement with a need to develop a policy. Councilmember Woodruff explained that before the City bought the land it was a piece of an existing lot that was wild and undeveloped. There was no grass. After purchasing the land the City cleared most of it out, mitigated the stormwater drainage issue and then seeded the area. Then the person who owned the property adjacent to the area asked the City how it was going to maintain the seeded area. The thought was the City would mow it and weed it. He stated from his perspective mowing is an aesthetic issue and weeds are an issue. The property was not maintained before the City bought it and now there is an expectation that it will be well maintained. He noted that he agrees the $2,925 is a lot of money just to get a landscape plan. He expressed concern that there could be erosion problems if the site is not restored to what it naturally was. Or, maybe what was natural was part of the problem. He stated that needs to be understood. Ile then stated the site is in a residential area where there are fairly expensive homes. It would not be good for the site to become wild and full of weeds. Councilmember Siakel asked how frequently the City mows other areas in the City. Councilmember Woodruff asked how often the City mows the property it owns on Smithtown Road. Director Brown stated every couple of weeks. Brown noted that he does receive calls from people in between mowings telling him the grass is long. Director Brown stated in addition to City parks the City also mows the City -owned property along Vine Hill Road near Hooper Lake Road. The residents in the area use it as recreation space because it is an open lot. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 13 of 16 Mayor Zerby noted that he has spoken with a representative from Metro Blooms about the site during a recent event. They indicated it would do a plan for $75. He asked if WSB, an engineering firm, is needed to prepare a plan. Director Brown stated the City can try to make use of Metro Blooms. Brown then stated there are some things that require expertise. One is assessing the long-term viability of the trees on the site now that a construction effort is completed. Metro Blooms could possibly help with that. A wetland biologist could be used for the other portion. Zerby stated an experiment was done with prairie grass a few years ago. Councilmember Woodruff noted the intent with that was to have an area where maintenance would not be required. Zerby noted that is what he is going after. Woodruff stated that would not be appropriate in a residential neighborhood. Councilmember Siakel noted the parcel of land is not a typical residential lot. Part of it abuts the Lake and part abuts the street. Director Brown stated a good portion of the lot where the flume is that is formed by the concrete gutter has tensar grid which has pea rock in it. The City will maintain that underground structure which has a reinforced surface on it so equipment can be driven over it. That area will be more challenging to landscape. Mayor Zerby stated it’s important to set the right expectation for the residents and the City. Councilmember Woodruff stated the City could have a policy that it mows the area every two weeks and sprays for noxious weeds periodically. He then stated when the construction work was done a number of trees were buried. There is concern that they may die. Mayor Zerby noted the City has a tree preservation and replacement policy. Councilmember Siakel asked how often Silverwood Park is mowed. Director Brown stated once a week. Siakel suggested mowing it every two weeks for the remainder of the mowing season. She stated it will take some time to agree to a policy about consistent maintenance. She cautioned against doing something for one area that will not be consistently done for other areas in the future. She asked if the City is trying to respond to the desires of one resident or the long-term needs of the area. Councilmember Woodruff stated this is a similar situation to the one at Apple Road, but nothing has been planted there other than grass. He surmised that if the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) had the same requirements as the MCWD has the City would have seen such a document. He noted the RPBCWD helped pay for some on the work on the site being discussed. He stated he agrees there is a need to develop a policy. Mayor Zerby suggested staff determine if the City is adhering to its own tree preservation and replacement policy. Administrator Joynes summarized that Council wants staff to mow the area every two weeks and periodically spray for noxious weeds. It will also look at the tree preservation and replacement policy. Nothing else will be done until Council has established minimum standards for various projects. That will be done after the budget process is complete. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 14 of 16 1. Monthly Financial Report Director DeJong noted that a copy of the June 2013 General Fund Monthly Budget Report was placed at the dais this evening. He stated he will provide Council with a thorough fund balance report for the next meeting. 2. Southshore Center Advisory Committee Administrator Joynes stated the Southshore Center Advisory Committee is scheduled to meet for the first time at 5:30 P.M. on July 23. Staff will provide with Committee with background information and what the charge of the Committee. Mayor Zerby asked if the meeting has been noticed, noting that he will make some opening comments at the meeting and Councilmember Sandberg is the City's representative on the Committee. 3. Update on 5795 Country Club Road Administrator Joynes stated things are proceeding with getting the City -owned property located at 5795 ready to be put on the market. 4. Update on Trail Projects Director Brown stated the new County Road 19 trail has been totally paved. The City is waiting for the irrigation contractor to come back and re- establish irrigation near the Xcel Energy property which had to be relocated. Due to the contractor's backlog there will be about a week delay in getting that done. A guardrail has to be added near the culvert to protect pedestrians. The tree removal for the Smithtown Road sidewalk project work has been started and the contractor is working on the storm sewer items on the west end of the project. Public Works personnel continue to work with the contractor on a daily basis. Director Nielsen stated staff has asked the contractor for the Smithtown Road sidewalk project to update the project schedule because of the late start on the project. The updated schedule will be hand delivered to property owners who abut the sidewalk and it will be placed on the City's website. The residents he has spoken to understand the delay. 5. Christmas Lake Boat House Clean -Up Director Nielsen stated there was a boat house fire on a property abutting Christmas Lake and Ridge Road on July 5. The boat house was located very close to the water. The boat house was fairly substantial in size and it burned to the ground. The property owner is going to have the boat house rebuilt; they are allowed to do that. The contractor is struggling with how to remove the debris from the site. The shoreline at the site is very rugged and steep. The contractor has asked to take the debris out on a pontoon boat. A boat will be purchased, debris would be placed on it, at the Christmas Lake boat launch the boat will be taken out of the Lake and placed on a trailer with the debris on it, and the debris will be taken off and placed in a garbage truck. That process will take at least six days. Staff has told people that the City wants that activity to be done during times where there would be less activity at the launch. Staff has encouraged them to find out if there is another location that would serve the purpose. Staff has asked the contractor to provide a plan for that activity. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 15 of 16 Other Director Brown stated the Metropolitan Council Environmental Services (MCES) Excelsior Boulevard foreemain project is to the point where pipe is being installed. He then stated the new sweeper has been delivered and put in use. It was used at the side of an accident earlier in the day. Public Works personnel have been dealing with gravel on streets from recent storms. He noted that every day for the past two weeks Public Works personnel had to open up the Silver Lake outlet because a furry friend has been damming it up every night. He explained a crew of three guys goes out each morning for about two hours to jet out the culvert. He stated a preconstruction conference is scheduled for the end of the month to try and get the outlet reconstructed now that the water has started to recede. He noted the speed awareness display signs have been ordered. Director DeJong stated the HeatSeeker Technology Partners network connection to the Southshore Community Center (SSCC) has been installed. The SSCC is now connected to City Hall and Public Works. The Wi -Fi was set up earlier in the day. The telephone line at the SSCC will be cut over on July 29. He then stated staff has just completed the review of the contract for the new financial system. The hope is to have a project schedule available for the next Council meeting. Director Nielsen stated the Christmas Lake Homeowners Association (HOA) has been talking with Carver County about developing a centralized inspection program. If that were to come to fruition a person would receive a number after their watercraft was inspected for aquatic invasive species (AIS) and found to be clean of them. The watercraft would not have to be inspected at the Christmas Lake boat launch area. The HOA and Carver County would like to mount a pole or have the City mount a pole at one end of the access at the launch area for a camera to send photos of the launch area to the centralized location. People at the centralized location could tell people if the parking spaces at the Christmas Lake launch area are full and if the gates are working. The HOA is willing to pay for the cost of the pole. Nielsen noted that the fence is up around the community garden located in the Skate Park. Councilmember Siakel asked about the status of the basketball hoops for Cathcart Park. Director Brown stated they have been ordered. B. Mayor and City Council Councilmember Siakel noted she attended the Excelsior Firefighters fund raising dance on July 19. It was well attended and she thought it was successful. She also noted she attended the July 17 Excelsior Fire District (EFD) Board meeting. She explained the first draft of the EFD 2014 Operating Budget projected Shorewood's 2014 municipal contribution would go down by approximately $7,000. The third draft shows a decrease of about $5,000 when compared to 2013. The Board has had lengthy discussions about staff compensation, with a particular emphasis on the compensation of the Fire Chief and Fire Inspector (both full -time positions). The Board had asked that a salary survey be done for those two positions. The comparison of 25 other cities using the most current data from the League of Minnesota Cities (LMQ reflects the EFD Fire Inspector is paid substantially less than the lowest paid inspector in the other cities. The Fire inspector is paid even more substantially less when compared to the average of a more comprehensive salary survey done of more than 40 fire agencies. The Board is proposing the Fire Inspector salary be brought up to the lowest level over the next three years. She noted that she has understood Council to say a priority should be placed on police and fire services. And, that Council believes people should be compensated fairly for the job they are doing. Mayor Zerby noted that he saw Council heads nodding affirmatively. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 22, 2013 Page 16 of 16 Councilmember Hotvet noted that she works with the Fire Inspector a lot on large scale events and the Inspector goes above and beyond what she is required to do. Councilmember Siakel stated to her it seems that the ETD budgetary can has been kicked down the road. It's come to a point where decisions have to be made. She explained the salary increase for her and the Fire Chief are to be funded in part out of the ETD Operating Fund balance and in part out of the 2014 municipal contribution. She noted the ETD Board also agreed on compensation for the Fire Chief. His compensation would increase 4.5 percent in 2014, 4.4 percent in 2015 and 4.2 percent in 2015. That would bring his salary up to the median. She stated for the people and quality of service provided bringing their salaries up to a fairer level makes good sense. She explained the Board agreed to transfer $10,000 out of the Fund balance into the capital fund for necessary firefighter equipment purchases. Siakel noted there is a joint meeting of the ETD Board and EFRA Board scheduled for August 6 at 6:00 P.M. at Fire Station 1. There is a joint meeting of the ETD member City Councils scheduled for August 14 at 6:00 P.M. at Station 1 to provide them with the opportunity to discuss the ETD Board recommended 2014 Operating Budget and 2014 — 2034 Capital Improvement Program. Councilmember Woodruff stated he attended a Metro Cities Revenue and Taxation Committee meeting recently. He learned the State legislature passed a law that would supposedly exempt cities from paying sales tax starting 2014. Unfortunately, that is not completely the case. The law does not apply to joint powers organization. Mayor Zerby stated he attend the South Lake Minnetonka Police Department ( SLMPD) Coordinating Committee's quarterly meeting on July 10. Two alternative 2014 Operating Budgets were presented at the request of the Committee. The one the Committee is recommending reflects an increase of 2.9 percent, which he basically calls an inflationary increase, when compared to 2013. One of the major categories in supplies is fuel. He noted that the new gas station on the coiner of County Road 19 and Smithtown Road has agreed to give the SLMPD a generous discount on gasoline purchases. He also noted that SLMPD Chief Litsey asked for a 10- hours- per -week increase in Community Service Officer hours. The Committee did not agree to that. Mayor Zerby thanked Director Brown for helping out with a situation on Strawberry Court when a 5 inch rainfall over taxed the storm sewer system. He asked Brown to pass his thanks on to the Public Works personnel. 13. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 22, 2013, at 9:03 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: JAn Panchyshyn, Cit ler .r� -moo .erby, Mayor