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09-23-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 23, 2013 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:04 P.M 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. A. Roll Call Present, Mayor Zerby; Councilmembers Hotvet, Sundberg, 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 Siakel B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 9, 2013 Woodruff moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of September 9, 2013, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Appointment of Light Equipment Operator C. Authorize Submittal of the Three Rivers Park District Regional Trail System 2013 — 2014 Winter Permit Use Director Brown explained at the dais this evening Council found an updated staff memorandum for Item 3.B. The top candidate rescinded the offer he originally accepted for the light equipment operator. The second to the top candidate has accepted the offer. Councilmember Woodruff asked if it was a standard hire to which Brown responded it was. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 2 of 13 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Lake Minnetonka Communications Commission Report by Representative Joe Huber Mayor Zerby stated Joe Huber; the City's resident representative to the Lake Minnetonka Communications Commission (LMCC), is present to give a report on LMCC activities. Mr. Huber explained that it is almost certain that at least four LMCC member cities are leaving the joint powers organization. It is not decided if they will engage with the LMCC for services. Some of the other member cities want the departing cities to pay for the services at a rate similar to what current Mediacom cable television subscribers in the member cities pay. The subscribers pay about $5.68 a month. If the cities are handling their own franchise management responsibilities then a portion of that should be paid and he guessed that would be about $4.00 per subscriber per month to cover all of the other programming services. He does not think there is a way to segregate services beyond that (e.g., segregate the channels and sell access to only council meetings or school district activities). The LMCC would be selling access to all programing. Some of the cities send children to multiple school districts. He noted that he envisions dire times ahead for the LMCC. He projects the LMCC budget to be about two- thirds below what it was last year. There could possibly be reductions in staff. He explained staff will be discussed during the full Commission meeting on September 24. Proposed changes to the LMCC joint powers agreement (.IPA) will also be discussed. One of the changes will be allowing member cities to withdraw provided they give a certain amount of notice rather than allowing a city to withdraw only when franchises are renewed. There may be discussion about allowing city managers who are not residents of a community to sit on the Commission. Councilmember Woodruff commented he had heard similar things from some of the people who attended the meeting. He expressed his support for the idea of offering to provide services for a fee to those cities that leave the LMCC. He stated the LMCC has been providing services to the City of Mound for a fee for a long time for. Mr. Huber clarified that Mound has a complex history with the LMCC. He explained when the LMCC brought the studio in Mound, Mound contributed cash and equipment and it continues to provide a channel. He noted that he does not anticipate the other cities that leave paying the same rate as Mound does for that reason (the other cities would pay more). Councilmember Woodruff expressed his support for that. Huber reiterated the fee the departing cities should pay should be similar to what cable subscribers living in the member cities pay. Mayor Zerby explained that four other cities are considering giving notice by October 15 that they will withdraw from the LMCC in part to give the LMCC notice that they may withdraw from the organization. The proposed changes to the JPA are in part intended to entice the four cities that are on the fence to stay with the JPA. He noted that the JPA can only be changed if all of the member cities approve the change. He explained that another proposed change to the JPA would be to allow changes to be made to the JPA on a super majority vote. Councilmember Woodruff stated that would be a reasonable change. Zerby CFFY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 3 of 13 stated he thought the changes being proposed are worthwhile. Zerby explained that during the September 24 LMCC full commission meeting a budget will be considered. The budget would then be sent to all of the LMCC member cities for approval. He noted that Mr. Huber is doing a great job trying to put a budget recommendation together. Mr. Huber highlighted the draft budget he is considering recommending. It assumes that the four member cities have left and the other cities have stayed in. The budget would be a maximum of $400,000 for operations. If other cities decide to leave, operations will have to be adjusted. It will include a contingency fund of $200,000 in case the LMCC sells services to non -LMCC cities. Without the provision if the LMCC sold services it could collect the revenue from that but not spend it. The contingency funds could only be spent if revenues for services were received. It will include another $100,000 in contingency funds (from reserves) to cover the cost of severance pay and unemployment benefits should it be necessary to reduce staff. There is a severance provision in the LMCC policy. The LMCC is treated like a municipality and therefor has to repay the cost of unemployment benefits paid by the State. Councilmember Woodruff stated some people think that currently the JPA stipulates the LMCC cannot spend money unless it is budgeted. He suggested amending the JPA to allow the Commission to decide to deviate from the adopted budget. Mr. Huber noted that currently 100 percent of the member cities have to approve a change to the budget. Huber stated that although it would make sense to make that change there are some very fiscally conservative people on the Commission and he is not sure how they would react to such a proposal. Huber suggested considering establishing a revolving fund that would allow the Commission to spend any funds it receives for providing services to those cities that have left the LMCC. Woodruff stated in the past a contingency line item has always been included in the budget. Mayor Zerby thanked Mr. Huber for coming and giving an update. B. Southshore Center Advisory Committee Report by Councilmember Sundberg Councilmember Sundberg stated she thought the Southshore Center Advisory Committee (SCAC) is making progress. The members are actively involved in the discussions. The attendance at the meetings has been close to 100 percent. The representatives for the cities that co -own the Southshore Community Center (SSCC) are keeping their respective city councils informed and involved. She commented that the City of Excelsior seems to be coming more inclined to work with the SSCC in some way. She stated a group has met with Minnetonka Community Education (MCE) Executive Director Litfin about the use of the SSCC. It's her understanding that MCE needs additional space. MCE has some interest in working with people about the SSCC but there are many details that would have to be worked out. She noted that there seems to be a little nervousness about the amount of focus there is on seniors. She stated she thought the need for a full -time position for the SSCC will be a controversial issue. Some of the group thinks it can be operated by having someone at the SSCC only when needed. She and others think the SSCC needs to be available to the community during reasonable hours. Mayor Zerby noted that per the representative from Excelsior the Excelsior City Council has authorized making a payment to Shorewood for the previous three years when Excelsior did not provide any funding for the SSCC. He concurred that MCE has a need for additional space. He noted MCE has concerns about how senior programming would be ran. The question is if MCE would be a part of that. Administrator Joynes stated that Councilmember Woodruff asked to have MCE consider some type of experimental programing at the SSCC in the interim. MCE is going to consider that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 4 of 13 PARKS A. Report on the September 10, 2013, Park Commission Meeting Commissioner Mangold reported on matters considered and actions taken at the September 10, 2013, Park Commission meeting (as detailed in the minutes of that meeting). B. Authorize Expenditure of Funds for Freeman Park Ball Field 2 Fencing Director Nielsen explained the Park Commission has recommended adjusting the 2013 Park Budget to include replacing the fencing at Field #2 (the Babe Ruth field) in Freeman Park. The fence is more than 30 years old and is in poor condition. It is suffering from frost heave to the point where additional fence fabric has been added to the bottom of the fence. Fence posts are leaning and several of them have split because of water intrusion and freezing. Balls are going underneath the fence. Babe Ruth Baseball had requested the replacement fence be taller so staff solicited bids on that. The Commission stated if Babe Ruth Baseball wanted taller fencing it would have to pay the difference; it indicated it didn't have the funds for that. Therefore, the Commission has recommended the fence be replaced at its current height. The low quote to replace the fence is $16,550 and it is from Town & Country Fence. The other quote received was about $10,000 more. There is adequate money in the Park Fund to replace the fencing. If Town & Country is told tomorrow it believes it can complete the work this fall. Hotvet moved, Sundberg seconded, authorizing staff to contract with Town & Country Fence Company to replace the fence at Freeman Park Field # 2 in 2013 for an amount not to exceed $17,000. Motion passed 4/0. C. Approval of Proposal for Badger Park Preliminary Design Director Nielsen explained the Park Commission has been working on doing something different with Badger Park for a couple of years. On February 2, 2012, Council and the Park Commission met in a joint session to talk about Badger Park. Based on that discussion the Commission developed a concept plan. There seems to be consensus about the plan by both the Council and the Commission. The next step in the process for the Park is to develop a preliminary design that elaborates on the concept: plan. That process would flesh out the concept and provide initial estimates for what it would cost. WSB & Associates has provided a quote to do that work for a cost of $5577. Staff is suggesting an amount not to exceed $6000. If Council gives the go ahead for the preliminary design, the Commission has asked to have a kickoff meeting with Council on October 15. The Commission recommends moving forward with this next step. The Commission assumes something positive will happen with regard to the Southshore Community Center (SSCC). Councilmember Sundberg stated she also has a positive attitude about the outcome for the SSCC. She expressed concern about making this investment before consensus is reached about the future of SSCC. It's possible that another approach would be better for the City Hall campus area. She noted that she supports making the improvements to Badger Park but she prefers waiting until the SSCC future is finalized before spending money. Couneilmember Woodruff stated from his perspective the City may need to use pieces of what is identified in the concept plan and modify others depending on the outcome for the SSCC. He thought making this $6,000 investment to get real numbers is really important. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 5 of 13 Woodruff moved, Hotvet seconded, approving the proposal from WSB & Associates to prepare the preliminary design and cost estimates for the Badger Park project. Councilmember Hotvet stated in the past WSB has done a very good job with public information meetings. She stated the proposal talks about a program confirmation / kickoff meeting as the first step. She asked if that will include the public. Director Nielsen clarified that meeting is for the City Council, the Park Commission and staff. Once there is more to show the public staff will encourage public involvement. He noted the City would likely have to revise the conditional use permit (C.U.P.) as part of the process and that involves a public hearing. Hotvet suggested the public be involved early in the process and maybe having a meeting at the SSCC. Councilmember Woodruff noted the proposal specifically excludes public meetings in the bid and WSB offered to do that on an hourly basis. Councilmember Woodruff asked if the extra $423 would cover the cost of a public information meeting. Engineer Hornby stated it depends on the type of meeting. If the meeting were to survey residents about what they want that is one thing. If the meeting will require a lot of PowerPoint materials that is totally different. Mayor Zerby suggested having an open house after there is a preliminary design to show people. Councilmember Woodruff agreed with that approach. Zerby stated Council has to take leadership by developing a plan. Park Commissioner Mangold stated that before taking this to the public there needs to be a solid unified answer as to what is going to happen to the hockey rink. A large part of what will happen with hockey will come down to cost. Councilmember Sundberg stated she is going to vote against this at this time because she believes the issue of the future of the SSCC needs to be resolved. She again clarified that she supports making improvements to the Park. Mayor Zerby stated he has repeatedly encouraged staff to engage the Minnehaha Creek Watershed District (MCWD) about the improvements for a long time. He asked when that is going to happen. Director Nielsen stated that would be part of the preliminary design process. Nielsen then stated there may be grant opportunities through the MCWD. Zerby noted he wants the MCWD to be a partner in this project in as big a way as possible. There is a lot of opportunity to become involved in how stormwater is treated and handled on the site. Zerby then noted he will support moving forward with the caveat that the MCWD is invited to be part of the process. Councilmember Woodruff stated there may be other grant opportunities as well. Motion passed 3/1 with Sundberg dissenting. D. Authorize Expenditure of Funds for Loop Bicycle Racks in the City Parks Director Nielsen stated the Park Commission has recommended purchasing loop bicycle racks to place in some parks that don't have any or to increase the number of racks in other parks — one rack each for Freeman Park, Gideon Glen, Cathcart Park, Skate Park, Manor Park and Crescent Beach. He noted that the location for all six racks is to be determined. The Commission will discuss that during its next meeting. Hotvet moved, authorizing staff to order six loop bicycle racks for an amount not to exceed $1500. CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 6 of 13 Councilmember Woodruff stated the meeting packet contains a copy of five different maps showing the location of bike racks yet staff is proposing to order six. Park Commission Mangold stated the maps depict the location of the existing racks. The location of the new racks is to be determined. Woodruff seconded. Motion passed 4/0. 8. PLANNING A. Report on the September 17, 2013, Planning Commission Meeting Commissioner Labadie reported on matters considered and actions taken at the September 17, 2013, Planning Commission meeting (as detailed in the minutes of that meeting). Councilmember Hotvet thanked Commissioner Labadie for a very thorough report. B. Accept Feasibility Reports for the Mill Street and Galpin Lake Road Trail Segments Director Nielsen stated staff debated having this item on this evening's agenda because the minutes for the September 17 Planning Commission meeting are not available yet. If was not on this agenda it would have pushed this item out to Council's October 14 meeting. If Council decides it would prefer to have the minutes before making a decision this item can be continued. Engineer Homby explained the Galpin Lake Road trail segment would extend from the Chanhassen/Shorewood city limits on the south up to Galpin Lake at the Excelsior /Shorewood city limits on the south side of Highway 7. There are some challenges with the area. There is a Minnesota Department of Natural Resources (DNR) protected wetland on the south end on the east side of the roadway. On the west side of the roadway there is a bluff that comes down at a steep slope. Both sides of the roadway were considered during the feasibility study. Staff tried to avoid having multiple crossings of Galpin Lake Road and other roadways. There is a trail located in the City of Chanhassen near the south end of the proposed trail. It starts about 800 feet south of the end. There is a crosswalk there. If the trail were constructed on the west side of the roadway a retaining wall would be necessary to retain the slope on the west side in order to have the trail at a more walkable level. It would require crossing Mayflower Road and then Galpin Lake Road. In order to reduce the number of crossings it would be better to have the trail on the east side. A retaining wall would be needed to reduce the impact on the DNR protected wetland. There is a permit issue that has to be resolved with the DNR and the Minnehaha Creek Watershed District (MCWD). It appears that it will be possible to stay out of the ordinary high water level at Galpin Lake. But, as the trail approaches Excelsior the retaining wall will have to be extended there as well. Just south of Galpin Lane there is another small wetland area needing retaining wall. There are some stretches along the route where retaining wall will be put in to try and reduce the amount of right -of -way (ROW) taken for this project. An easement would have to be acquired on the north end of the DNR protected wetland (near the intersection Mayflower Road and Galpin Lake Road). The roadway comes in quite close to the ROW. Two alternatives were considered for the Galpin Lake Road trail segment — a 6 -foot -wide asphalt trail and an 8- foot -wide trail segment. An 8- foot -wide trail would result in the impervious surface being over a MCWD threshold and therefore require volume control. The 6- foot -wide trail would not be over the threshold. Some water quality treatment would have to be done for Galpin Lake and the DNR protected wetland. Swirl chamber would be put in to reduce the volume of sediment and that would result in total CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 7 of 13 solids reduction of about 60 — 80 percent. A 6- foot -wide trail is being recommended on the east side of Galpin Lake Road; it would reduce impact and cost less. Councilmember Hotvet asked if there has been any discussion with the developer who is proposing a 6 unit planned unit development (at the intersection of Galpin Lake Road and Mayflower Road) near the proposed trail if they would collaborate on building the retaining wall. She also asked if there have been any discussion about collaborative efforts with the MCWD because of the wetlands in the area. Director Nielsen stated staff has spoken with the developer about possibly getting additional ROW from that project; that is still a possibility. But, because the trail will be located on the east side of the roadway it is not near the developer's site. Engineer Hornby stated usually watershed districts look at grants to fund improvements that provide water quality or an enhancement. Hornby explained that typically when a trail is being constructed which would impact wetlands, watershed districts don't consider that an improvement. He stated for water quality benefit items staff can talk with the MCWD, but typically a watershed doesn't provide grant funding for that when it is part of a project. Engineer Hornby explained the Mill Street trail segment would start at the Chanhassen /Shorewood border on the south and end at the Excelsior /Shorewood boarder on the north. It would be located on the east side of Mill Street. There is what Hennepin County calls an on- street trail along Mill Street in Shorewood; the 8 -foot -wide shoulder is considered a bikeway on the County's trail plan. Therefore, the proposed trail would not qualify for grant funding. This proposed project is about relocating the County's trail off road. There is a safety benefit to doing that. The trail design has to meet MnDOT and County bikeway design guidelines. That is reflected in the feasibility report. A retaining wall will have to be put in as part of this project primarily to reduce the amount of impact to adjacent properties and to reduce the amount of easement needed. There are areas where easement must be acquired where the ROW is very near the existing roadway. There would be a 400 — 500 foot gap between the Chanhassen trail system and the Shorewood off -road system. In Carver County the trail systems would be connected by the on- street trail (if that is what Carver County considers it). It would be a challenge to construct the off -road segment in Carver County because the terrain drops off quite significantly there. During informal conversations with representatives from Chanhassen there has been indication that Chanhassen would be interested in building that gap but it is not in their CIP. The recommendation is for an 8 -foot -wide bituminous trail. There would be an approximate 4- foot -wide boulevard between the back of the curb on the east side and the trail. Existing utilities would have to be relocated in the boulevard. Hornby noted that the schedules for both projects have to be revised to include the public process. Councilmember Hotvet asked if Excelsior has any projects planned that might entice them to build their section of Mill Street trail. Engineer Hornby responded at this time no. Hotvet suggested moving forward with the next steps in these trail projects. Councilmember Woodruff stated he went on the tour with the Planning Commission on September 17 and he was the liaison at the Commission's meeting following the tour. He also reviewed the feasibility reports. The reports were not included in the printed meeting packet and he finds that to be problematic. He noted he understands the recommendations and the issues Engineer Hornby pointed out. He stated that for 2014 there is about $140,000 in the budget for trails. The cost estimate for these two projects combined is about $1.5 million. He clarified he is not saying Council should just throw up its hands. He expressed concern about what he perceives as just going blindly ahead with both of the projects at this point and spending more money without knowing how one or both of the trail projects could be funded. He stated that discussion will occur during the CIP budgeting discussions. He noted he could support accepting the feasibility reports this evening. He expressed reluctance to do anything more than ask staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 8 of 13 with the next steps for the Galpin Lake Road project. He stated he thought that project has greater benefit and he finds it is a more interesting area from the standpoint of residents. Residents have come before Council and talked about the need to be able to safely get to Excelsior across Highway 7. He recommended putting the Mill Street project on hold. Councilmember Hotvet stated from her vantage point the feasibility report is in part to find out what the hard costs are. Councilmember Woodruff stated the cost estimates in the reports are not hard costs; those are determined during the design phase. Woodruff explained the costs do not include things such as easement costs and legal costs. Hotvet stated there is no way to get more refined numbers without taking the next steps. Woodruff stated the next step is to start detailed design. Woodruff then stated staff is asking for authorization to continue with the detail design and hold public meetings. Hotvet stated according to the staff memorandums in the packet staff is asking Council to accept or reject the feasibility reports. Councilmember Woodruff asked staff what action it wants Council to take this evening. Director Nielsen stated if Council is okay with the feasibility reports the next step in the process is to schedule the neighborhood open house. That would happen in November with the November Planning Commission meeting. Nielsen noted that Council can postpone taking action on the feasibility reports until it has had the opportunity to read the minutes from the September 17 Planning Commission meeting when the reports were discussed. Mayor Zerby expressed his hesitance to move forward with the Mill Street project at this time. Yet, he would like to know what the residents think about the need for that trail segment. He staled if the resident demand is high he could change his mind. But, at this time he is hesitant to do much other than hear from residents. Councilmember Woodruff stated he could support having open house meetings to hear from the residents. He noted Council and staff have to be clear about the City's inability to execute these projects from a financial standpoint in 2014. He stated the City will certainly be able to pay for the projects over some period of time. But, the city does not have the money to construct the trails in 2014. Hotvet moved, Zerby seconded, accepting the feasibility reports for the Galpin Lake Road Trail Improvements and the Mill Street Trail Improvements as presented. Director Nielsen stated staff would like to know what Council wants staff to do next. He then stated he also cautions against making promises the City can't keep. Staff and Council will have to preface all of its comments with residents that at this time no one knows how the trail projects will be paid for or when. Councilmember Sandberg stated she supports having neighborhood open house meetings while making sure residents clearly understand the City does not have the money to construct the trails next year. If the residents really want the trails then there would be implications on the taxpayers. Councilmember Hotvet stated the purpose of the feasibility study is to get an understanding of what is feasible. Without objection from the maker or seconder, the motion was amended to include directing staff to hold a neighborhood open house meeting for each trail segment and to clearly convey to the residents that the City does not have funding for the projects in 2014. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 9 of 13 C. Approval of Resolution Supporting the Hennepin County Capital Improvement Plan Grant Application for the Mill Street Trail Segment Engineer Hornby explained that for the Mill Street trail segment there is an opportunity to apply for a grant from the Hennepin County Capital Improvement Plan for the 2014 Bikeway Development Participation Program. Staff is working on the grant application. The application must be submitted by October 4. The County grant is for the bikeway development. It provides up to a 50 percent match of local funds with a maximum of $100,000. Council is being asked to authorize staff to submit the application by adopting a resolution of support. Councilmember Woodruff stated if the County awards the City a grant is the City obligated to follow through with the project. Engineer Hornby noted it is not; there will be an opportunity to turn the grant down. Sundberg moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -059, "A Resolution Supporting the Grant Application Made to the Hennepin County Capital Improvement Program — 2014 Bikeway Development Participation Program" subject to changing the twenty -five (25) percent match to fifty (50) percent match. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Approval of Work Orders for Smithtown Road Sidewalk Improvement, City Project 13 -04 Engineer Hornby explained that during the construction of the storm sewer being done as part of the Smithtown Road Sidewalk Improvement Project it became apparent that a redesign of the storm sewer was necessary because of existing underground utilities. It extended the storm sewer further to the west. A lot of drain tile also needed to be reconnected to the system for various reasons. Council is being asked to approve Work Orders 1, 2 and 3 this evening for a combined amount of $25,169.79. That increases the contract amount to $1,095,842.54 (a 2.4 percent increase). That work has been completed. Council will be asked to approve additional work order at a later date for an amount of about $10,000. It is for the drainage system. Because this is Minnesota State Aid (MSA) project the work orders have to go through the Minnesota Department of Transportation (_MnDOT) for approval. MuDOT has approved the three work orders. Woodruff moved, Adopting RESOLUTION NO. 13 -060, "A Resolution Approving Work Orders 1, 2, and 3 for Smithtown Road Sidewalk Improvements SAP 216 -101 -004 City Project 13 -04." Councilmember Hotvet asked if this can be considered a stormwater expense. She asked that it be coded in a way staff thinks appropriate. Mayor Zerby asked Director DeJong to comment on that. Director DeJong explained there are a number of ways the costs can be allocated to the various funds. Because it is an MSA project there could be MSA funding for the project. Part of the costs could be allocated to the Stormwater Management Fund. Or, it could be paid fully out of the Trail Fund. It was budgeted out of the Trail Fund and that was the way it was presented in the Capital Improvement Program (CIP). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 10 of 13 Councilmember Woodruff stated that all of the storm sewer improvements that are being made as part of this project are being made simply because the sidewalk. I£ the sidewalk were not being constructed the sewer improvements would not have been made. He thought it appropriate to allocate the costs to the Trail Fund. He noted he does not think that decision needs to be made this evening. Councilmember Hotvet stated she thought the improvements to the storm sewer system would have eventually had to be made. Sandberg seconded. Councilmember Hotvet wants to be able to look back and know what the cost of the sidewalk work was. Motion passed 4/0. Councilmember Woodruff asked that Council direct staff to prepare a full accounting of the Trail Fund at its earliest convenience. He stated there was about $1.6 trillion available at the beginning of 2013. Director DeJong stated he can do a full update on the C1P across all funds. Engineer Homby clarified that the payment to the contractor for the work orders will be approved as a verified claim at a future date. The action this evening was just to approve the work orders. B. Approval of Cooperative Construction Agreement with Minnesota Department of Transportation Excelsior Boulevard Trail and Retaining Wall, City Project 12 -11 Engineer Homby explained the meeting packet contains a copy of a draft cooperative construction agreement with the Minnesota Department of Transportation (MnDOT). MnDOT does not have any funding available to the City for this project. This is a local project for the Excelsior Boulevard trail and retaining wall associated with that. The reason there is a cooperative agreement is a portion of the trail and a portion of the retaining wall are located in MnDOT right -of -way (ROW). MnDOT used to issue a limited use permit which gave the City a license to operate its facility within the MnDOT trunk highway ROW. The agreement essentially replaces that. The State retains ownership of the improvements and the City performs the maintenance of the improvements per the agreement. The maintenance to the retaining wall is primarily to make repairs if there is erosion of the slope above the wall and to make sure the wall is in good condition. For the trail, the City would do its normal maintenance. Homby noted the agreement is a draft agreement. He and Attorney Keane have reviewed it. They think the language as written is acceptable. He recommended his contact information be changed to the City Hall address, and his Shorewood email and his City Hall phone number. Councilmember Hotvet asked if this is normal protocol. Engineer Homby explained the City is asking to put its improvements in MnDOT's ROW. This is a new format for this type of agreement. This gives the City a license to have its improvements in the ROW for 25 years. Like a utility MnDOT can ask the City to relocate it or take it out. MnDOT has reviewed the wall design and approved it as designed. This is a typical agreement for a city improvement in the trunk highway ROW. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 13 -061, "A Resolution Approving Minnesota Department of Transportation Cooperative Construction Agreement for City Improvements Constructed with the Excelsior Area Improvements MCES Project 802850, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 11 of 13 City Project No. 12-11" subject to changing Engineer Hornby's contact information to the City Hall address and to his City email and phone number. Motion passed 4/0. C. Approval of Agreement for Trunk Highway 7 and County Road 19 (Oak Street) Intersection Project S.P. 2706 -225 (TH7) Director Brown clarified that the memorandum from the Minnesota Department of Transportation (MnDOT) included in the meeting packet is the premise for what will become a formal agreement for the traffic control signal system at the intersection of Trunk Highway 7 and County Road 19 (Oak Street). MnDOT wants to know that the parties to the agreement conceptually agree with it. The traffic signal project cost is approximately $212,000. MnDOT will fund 67 percent of the cost and Hennepin County will fund 33 percent. Shorewood and the City of Excelsior will be equally responsible for re- lalnping and re- painting the system and the ongoing electrical costs. It appears Excelsior will support this as well. In response to a question from Mayor Zerby, Director Brown explained that approximately 10 years ago the City used state aid funds to convert all of its signals along Highway 7 to LED lights. Because of vibration, moisture and mice there are LED lights that need to be changed out. Woodruff moved, Hotvet seconded, approving in concept the project that is laid out in the memorandum from the Minnesota Department of Transportation included in the meeting packet for September 23, 2013. Motion passed 4/0. D. Apple Road Drainage Improvement Project, City Project 11 -15 Engineer Homby explained when Council last discussed the Apple Road Drainage Improvement Project Council asked what it would cost to fulfill the City's maintenance responsibilities laid out in the Agreement for the Easement and Maintenance Declaration with the Minnehaha Creek Watershed District (MCWD). The cost to contract that maintenance out will be about $5,000 for three years. The maintenance will be to ensure that the plants mature over the 3 -year period and that the weeds are harvested out. The meeting packet includes a breakout of the proposed costs for the project as part of the grant agreement with the MCWD. It was revised to include the $5,000 for the maintenance activities. All of the residents affected by the improvements have signed and returned the agreement. In order to get a permit to construct, the City needs to approve the Agreement. A copy of the Agreement is included in the meeting packet. Sandberg moved, Hotvet seconded, Adopting RESOLUTION NO. 13- 062, "A Resolution Authorizing Easement and Maintenance Declaration Agreement for Apple Road Drainage Improvement Project, City Project NO. 11 -15." Motion passed 4/0. Mayor Zerby stated he is pleased staff was able to find an outside source to provide the maintenance services at such a reasonable rate. 10. GENERAL/NEW BUSINESS 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 12 of 13 1. Monthly Budget Report Mayor Zerby noted that a copy of the August 2013 General Fund Monthly Budget Report is included in the meeting packet. 2. Update on 5795 Country Club Road Attorney Keane stated the closing for City -owned property located at 5795 Country Club Road is scheduled for October 11, 2013. 3. Update on Trail Projects Engineer Homby explained the sod has been put down for the County Road 19 trail /sidewalk project and it looks very nice. The grading work has been started for the Smithtown Road west sidewalk project between Cathcart Drive and Strawberry Lane. Curb was being put in today and it was going to be ran up to the Hennepin County Regional Trail. The contractor will then go back to the end that borders the City of Victoria and go up to Cathcart Drive. Then grading behind the curb will begin. Then sidewalk will then start to get poured. The contractor has indicated it should be able to pour between 1000 — 1500 feet of sidewalk per day. He noted it is not known if the Excelsior Boulevard trail project in Shorewood will be done in 2013. 4. Deer Management Program Update Director Nielsen explained the first deer harvest weekend for this season occurred this past week. Eighteen deer were harvested. That is seven more than the second highest weekend harvest ever. There is a couple who opposes the program and does not want any harvesting to occur near their property. They are very concerned about a wounded deer dying on their property and the children seeing that. Site 2 is somewhat near their property. There is a large wetland system on the north side of Smithtown Road just east of Howards Point Road. The couple cited a provision in the City's Wildlife Management Plan that talks about hunting only in spots where there are no neighborhood objections. For the next harvest weekend he is going to suspend the harvest for site 2 because that will occur before Council's next meeting. A notice will be sent out to residents whose property abuts site 2 and extend the opportunity to them to come before Council to talk about the harvest program. It's appropriate to give those who don't oppose the Deer Management Program an opportunity to voice their opinion as well during the October 14 Council meeting. He has informed the couple that the Deer Management Program was resident driven. Other than the City sites the other sites have been offered up by residents. The City gets more offers every year. Councilmember Hotvet asked if suspending harvesting on site 2 will result in harvesting being suspended on other sites. Director Nielsen noted there are a couple of other sites in that same vicinity. He stated it doesn't hurt to skip the harvest for one weekend on a particular site. 5. Update on Rate Study Administrator Joynes noted that he and Director DeJong met with consultants from Ehlers earlier in the day to talk about the rate studies. He stated originally the intent was to give Council an update on the rate study during a work session this evening. Staff has changed the dynamics of the rate study to break out CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 23, 2013 Page 13 of 13 storm sewer drainage costs done as part of the trail projects. Staff has scheduled a rate study work session for October 28. 6. Events: September 26 — 27 Garage Sale from 9:00 A.M. to 3:00 P.M. Oktoberfest on Saturday October 5 5:00 — 8:00 P.M. Mayor Zerby noted there is an indoor garage sale scheduled for September 26 and 27 from 9:00 A.M. — 3:00 P.M. at the Southshore Community Center, The Oktoberfest event will he held on Saturday, October 5 from 5:00 P.M. — 8:00 P.M. at the Center. B. Mayor and City Council Councilmember Woodruff stated the Metro Cities Revenue and Taxation Policy Committee met for the third time this year last week. He attended the meeting. The policy revisions the Committee is making will be on the Metro Cities November meeting agenda for approval. As soon as the policies are available he will make sure they are distributed to Council. He learned that in some cases joint powers organizations will be also be exempt cities from paying sales tax starting 2014. The Excelsior Fire District and the South Lake Minnetonka Police Department will be exempt. Director DeJong stated he has calculated that based on 2012 purchases the tax exemption will save the City approximately $31,200. He has submitted that to the Minnesota Department of Revenue. Councilmember Hotvet stated there is a feature film called One Song being filmed in the Shorewood, Excelsior and Tonka Bay area. It's an independent, small budget film. There is a meeting about it on September 24 at 7:00 P.M. at the Old Log Theater. Mayor Zerby stated he attended the recent meeting of the Southshore Center Advisory Committee. He has also met with the Mayor of Excelsior and the Mayor of Tonka Bay to talk about things the cities could do together in public works. 13. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of September 23, 2013, at 8:56 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: -Y�l JeA Panchyshyn, Cio Cleft Sco0 y, Ma or ,.-