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09-27-10 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 27, 2010 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Mayor Lizee requested Item 63 Hennepin County Commissioner Jan Callison be added to the agenda. She also requested Item 10.0 be moved to the consent agenda. Councilmember Woodruff requested Item 10.D Commercial Trash Container Screening be added to the agenda. Turgeon moved, Woodruff seconded, approving the agenda as amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 23, 2010 Turgeon moved, Zerby seconded, approving the City Council Regular Meeting Minutes of August 23, 2010, as presented. Motion passed 5/0. B. City Council Work Session Minutes, September 13, 2010 Woodruff moved, Bailey seconded, approving the City Council Work Session Minutes of September 13, 2010, as presented. Motion passed 4/0/1 with Turgeon abstaining due to her absence at the meeting. C. City Council Regular Meeting Minutes, September 13, 2010 Zerby moved, Woodruff seconded, approving the City Council Regular Meeting Minutes of September 13, 2010, as presented. Motion passed 4/0/1 with Turgeon abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 2 of 13 Turgeon moved, Woodruff seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 10 -044 "A Resolution Electing to Not Waive the Statutory Tort Limits for Liability Insurance." C. Authorization for Expenditure of Funds — SE Area Filter Plant Controls D. Adopting RESOLUTION NO. 10 -046 "A Resolution Amending the City of Shorewood Tree Preservation and Replacement Policy." Councilmember Woodruff recommended Director De7ong review contract terms and conditions for contracts such as the contract for the controls. Motion passed 510. 4. MATTERS FROM THE FLOOR Marty Wellens, 5755 Lakeway Terrace stated about three years ago the then council agreed to not publish coffee with the mayor sessions in the Shore Report prior to local elections if the mayor is running for office. He asked why that has not happened. Councilmember Woodruff stated he recalled the discussion Mr. Wellens referred to. He recollects the agreement being that for the period after the filing for local elections has ended and up to the election that the City would not promote things such as coffee with the mayor or council members. He recommended the coffee with the mayor event scheduled for October 9"' and published in the October 2010 Shore Report be canceled. Mayor Lizee stated she did not think there was a need to do that. She noted she conducts a coffee with the mayor each month. Councilmember Woodruff stated Mayor Liz6e was part of the discussion three years ago and also agreed to the terms. Woodruff moved, asking Mayor Liz& to cancel her coffee with the mayor session scheduled for October 9, 2010. Councilmember Zerby suggested inviting the other mayoral candidates to the session. It would provide residents an opportunity to speak with the candidates running for office. Mayor Liz& thought the suggestion was creative. Councilmember Woodruff questioned how write -in candidates could be invited to the session. Councilmember Woodruff stated lie does think the City should promote individual meetings with council members during the pre - election period if they are ruining for office. It gives the incumbent an unfair advantage. Bailey seconded. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 3 of 13 Councilmember Turgeon stated she also recollects the discussion. She expressed her disappointment the session was published in the October 2010 Shore Report. She indicated she would be willing to allow the session provided all mayoral candidates are invited. She asked Councilmember Woodruff to change his motion to have the three mayoral candidates agree to a time, date, and location for the coffee; If only Mayor Lizee will be there, she recommends canceling the session. Councilmember Zerby stated the day and time for the session is published and stated if he were a mayoral candidate, he would appreciate having the opportunity to meet with more residents. Councihnember Bailey stated there had been a previous agreement not to publicize such events. He also assumed it was simply an oversight on the part of staff. He thought it was a serious enough oversight that the session should be canceled. He apologized for any inconvenience it would cause the residents. If the City wanted to have a mayoral candidate forum it should be broadcast broadly. Mayor Lizee stated she agreed it was an oversight to include the session in the Shore Report. It was also an oversight to publish the names of the Councilmembers in the Shore Report, noting during the discussion referred to earlier there was also agreement to not publish the names of the council members during the pre - election period and they were published in the October Shore Report. She explained her coffee with the mayor is not subsidized by the City. She noted she has chosen to have the monthly sessions during both of her terms as mayor. She stated she intended to hold her coffee with the mayor session and she appreciated everyone's thoughts. Councilmember Woodruff called question. Councilmember Turgeon stated it's her understanding that during the matters from the floor portion of the meeting Council can not take any action. Attorney Tietjen stated this item is not on the agenda for this meeting. Items during matters from the floor are generally for discussion only. This item this evening is not an action item. In response to a question from Councilmember Woodruff Attorney Tietjen advised withdrawing the motion. Without objection from the seconded, the maker of the motion withdrew the motion. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Lake Minnetonka Communication Commission (LMCC) Representative Ken Hendrickson Ken Hendrickson, the City's resident representative to the Lake Minnetonka Communication Commission (LMCC), stated nine of the LMCC Member Cities must approve the LMCC budget in order for it to be approved and that has occurred. He explained the 2011 budget includes funding to conduct a resident survey about fiber to the premise. He thought the survey would be worthwhile. The survey will need to show there is strong interest in fiber to the premise if it's to have a chance of moving forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 4 of 13 Councilmember Bailey asked Mr. Hendrickson how he's enjoying his time on the LMCC. Mr. Hendrickson stated lie is finding it interesting. He's indicated he's very impressed with the LMCC production crew. He thought the LMCC overall worked pretty well. Councilmember Zerby expressed his pleasure that the LMCC website will be redesigned in 2011. B. Hennepin County Commissioner Jan Callison Mayor Liz6c introduced Hennepin County Commissioner Jan Callison. Commissioner Callison informed Council that the County Commission set the County's total maximum levy for 2011 on September 7` The Commission sets three different levies: the general operations, the Hennepin County Regional Rail Authority (HCRRA) levy, and the Housing and Redevelopment Authority levy. Commissioner Callison said the County Administrator recommended an additional $6.8 million for general operations; however, the Commissioners chose not to increase the operating budget. The Administrator recommended increasing the HCRRA budget by $4 million and the Commissioners approved a $3 million increase. The Commission accepted the Administrator's recommendation for a $2 million increase the Housing and Redevelopment Authority budget. The total levy increase is about 0.7 percent. Because there will not be any increase in the County's 2011 general operating budget some County services will be cut. She noted that just because there is no increase in the operating levy it doesn't necessarily translate into a zero property tax increase for all County properties. Commissioner Callison stated a meeting on the future Excelsior Library will be held on September 30 ° ' from 6:30 - 8:00 P.M. at the Southshore Community Center. The purpose is to solicit input from residents. She then stated the planning and research department for the County conducted a study which compares County statistical data such as demographics and income with the State and other areas in country. The report findings indicate the economic and social future of the Twin Cities will hinge in part on the ability of its institutions to move a more diverse population toward post secondary educational success and ready them for work in high value -added occupations. She left copies of the report for Council members. In response to a comment from Councilmember Bailey regarding the HCRRA budget, Commissioner Callison explained the County was a major player in building the Hiawatha light rail. The construction of the Central Corridor line is scheduled to start in 2011 and the Southwest line is scheduled to start in 2014. Some of the increase is necessary to finance the project until federal funding is received. Mayor Liz6e thanked Commissioner Callison for her time. 7. PARKS Councilmember Bailey reported on matters considered and actions taken at the September 14, 2010, Park Commission meeting (as detailed in the minutes of that meeting). A. Community Gardens Administrator Heck stated during its September 14, 2010, meeting the Park Commission heard a report from community garden representatives. The Park Commission recommends continuing the program and increasing the number of plots from ten to fifteen with the additional plots being added on the west. The Commission also recommends the plots be assigned on a first -come first- served basis, with Shorewood CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 5 of 13 residents be considered first, and that returning gardeners be given the option to select the same plots they had in 2010. CounciImember Bailey recommended the City choose a date when applications must be submitted and if there are more applicants than plots, a lottery system be used to select gardeners. Councilmember Turgeon appreciated gardeners wanting the same plot in 2011 because they knew what they grew. She agreed with establishing a cut -off date. She asked that the Commission to consider what the date should be. Mayor Lizee stated 2011 will be the second year for having a community garden. She noted that in addition to wanting more plots some gardeners indicated they would like to have the plots made larger. She suggested waiting until the number of applicants is known before deciding to add five new plots or just expand some of the current plots. She stated there appears to be great interest in the community garden. Councilmember Zerby stated comments from the gardeners conveyed their appreciation to Public Works for keeping the rain barrels full. He then stated lie thought the weekly staff report indicated there may be a problem getting the water fountain installed in the Skate Park. Director Brown explained no tine submitted a bid for the installation of the water fountain. Brown was able to convince a vendor the City works with often to consider the project with Public Works assuming responsibilities for some of the tasks that were in the original contract. The goal is to have the fountain installed in 2010. Brown said he would prefer that once the fountain is installed the rain barrels be eliminated, but issues have to be worked out before that can happen. Councilmember Turgeon commented that the water barrels do accumulate rain. Councilmember Woodruff expressed his support for adding five plots. He recommends the Park Commission have more discussion about allocating the plots before Council take any action on that. Woodruff moved, Bailey seconded, authorizing the addition of five community garden plots. Councilmember Bailey asked if Councilmembers were in agreement with the Commission's recommendation to allocate the plots on a first -come first- served basis. Mayor LizBe stated she did not want to micro- manage the Commission. The Commissioners seem to know what works best. The maker of the motion amended the motion to include the plots will be assigned on a first -come first - served basis. The seconder of the motion withdrew his second. Councilmember Zerby requested the Commission have more discussion about the allocation approach. Councilmember Turgeon agreed. The maker of the motion withdrew his motion. Woodruff moved, Bailey seconded, authorizing the addition of five community garden plots for a total of fifteen plots for the 2011 season. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 6 of 13 8. PLANNING Commissioner Ruoff stated he was not able to attend the September 21, 2010, Planning Commission meeting so he asked Director Nielsen to report on the public forum held about the no -right -turn restriction out of the CUB Foods parking lot. Director Nielsen stated the Planning Commission held a public forme on the no right -turn restriction at the westerly entrance to the Shorewood Village Shopping Center. A number of people spoke on the issue. The Commission recommends the restriction be limited to truck traffic only. If Council agrees with that recommendation the Commission suggests increasing the radius on the curbing to make it safer. The Commission's recommendation will be on the agenda for consideration during Council's October 25 "' meeting. Mayor Lizee asked about the feedback the City received about the restriction. Director Nielsen stated everyone within one thousand feet received a notice. Nielsen stated a number of people at the meeting provided comment. The Commission does not think the restriction is effective and didn't appear there is enforcement. Residents conveyed the restriction ends up causing traffic to build up at the southerly entrance. Director Nielsen stated the Commission agreed to discuss whether or not a stop light on Eureka Road and State Highway 7 is warranted. It also plans to discuss the alignment of Country Club Road, Yellowstone Trail and Lake Linden Drive in terms of traffic volume. The Commission was surprised to learn the daily traffic counts are down by about one thousand trips from the pre CUB Foods construction, noting there are still about four thousand trips per day on the roadway. Mayor Liz& assumed staff will involve the Minnesota Department of Transportation (MnDOT) in discussions about the intersection of Highway 7 and Highway 41 and the intersection of Eureka Road and Highway 7. She asked Director Brown and Director Nielsen to arrange for MnDOT representatives to be involved. Nielsen explained in the 1990s a stop light at Eureka Road did not meet the warrants based on the number of cars. Councilmember `I urgeon asked if any traffic counts have been done for the Eureka Road intersection since the feeder streets to Highway 7 were cut off on the westerly side. Director Nielsen stated traffic counts are available but he wouldn't know how to evaluate the accident information that MnDOT has. Director Brown explained that shortly after the access closures were implemented the City of Chanhassen attempted to get a signal justification at the intersection of Minnewashta Parkway and Highway 7. The City asked MnDOT to consider the Eureka Road intersection as well at that tine. MnDOT informed Chanhassen that Minnewashta Parkway, which carries much more traffic on the Chanhassen side than Eureka Road carries, did not meet the warrants for justification. Mayor Lizee recommended the intersection of Church Road and Highway 7 also be considered. In response to a question from Councilmember Turgeon, Commissioner Ruoff stated the Commission conducted development site visits a number of weeks ago. The Commission plans to visit the Smithtown Crossing area in October. 9. ENGINEERING /PUBLIC WORKS A. Star Lane and Star Circle Street Improvement Project CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 7 of 13 Engineer Landini stated the meeting packet contains the feasibility report for the rehabilitation of Star Circle and Star Lane and water main extension part of the project. The packet also contains a copy of a local residents' petition and the results from an online survey. The feasibility report indicates the project is necessary and feasible and that it is a cost- effective solution for the proposed improvements. The project proposes to assess water main improvements to abutting properties for an estimated cost of $8,023.08 per eligible assessed property. If Council decides to move forward with extending water main, a public hearing must be held prior to ordering the improvement. Landini stated Staff is asking Council to approve the feasibility report, provide direction on scheduling a public hearing for special assessments should Council want to consider the water main extension, and to accept the petition from residents opposed to the project. He noted the meeting packet contains a resolution accepting the report and setting the date for the public hearing. Mayor Liz& stated eight abutting property owners submitted a petition against the street improvements. Councilmember Woodruff clarified the project is not being approved this evening. In response to a comment from Councilmember Turgeon, Engineer Landini stated the feasibility report does not identify the need for any easements for the roadway improvement portion of the project. Director Brown stated the mitigation of drainage issues may necessitate obtaining easements. Brown then stated the drainage aspect of the design process will be lengthy. In response to a comment from Councilmember Zerby, Engineer Landini stated the improved width of the driving surface for both roadways will be 24 feet with edge control. He said edge control adds another four feet to the width. Zerby stated because the roadways are not very long (Star Lane is 750 feet long and Star Circle is 180 feet long) it does not make sense to him to rehabilitate them to something wider than they are. He suggested the new driving surface be no wider than 22 feet. Councilmember Turgeon stated Council should decide if it wants to allow on- street parking before it makes a decision to make the roadway narrower than what is proposed. Zerby stated parking would not be much of an issue if a surmountable curb is installed because it can be parked on. Turgeon encouraged Zerby to go and look at Wedgwood Drive as it has parking issues even though it a 24- foot -wide driving surface. Councilmember Bailey suggested Director Brown and Engineer Landini explain the rational for improving the roadways and what the options are. Director Brown explained Council established a goal that roadways with a Pavement Surface Evaluation and Rating System (PASER) of less than 4 would be considered for reconstruction or reclamation. He said that sealcoating and overlaying of roads helps maintain the roadways but they don't extend the life of the roadway. Star Circle and Star Lane have a rating of 3 on a scale of I to 10. There are about 12 City roadways with a rating below 4. The reclamation process assumes there are good soils under the roadway. It involves grinding up the existing surface and mixing it with the existing base then putting down a 2- 3 inch thick layer of bituminous. The expected life of a reclaimed roadway is 10 years. The expected life of a reconstructed roadway is 30 — 40 years. The cost to reclaim a roadway is about 35 percent of the cost to reconstruct a roadway. A roadway has to be reconstructed if water main is to be extended. Mayor Lizee noted there are poor sub soils under Star Circle and Star Lane and there are drainage issues. In response to a question from Councilmember Turgeon, Director Brown explained current technology allows sewer issues to be addressed as pail: of a reclamation process. The exception to that would be if the sewer line is severely damaged. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 8 of 13 Councilmember Woodruff stated he thought it would be more appropriate to discuss reclamation versus reconstruction after the design phase of the project has been completed. Stormwater management issues will factor into the decision. It's his understanding that drainage issues in this area can be addressed as part of either a reclamation or reconstruction. Director Brown confirmed that. In response to a comment by Councilmember Bailey, Director Brown explained the property assessment would be for water main extension only. Cneg Karns, 5 6000 Star Lane stated he has owned his property for 18 years. He and his family had put up with the drainage issue at the intersection of Star Circle and Star Lane for 10 — 12 years before it was addressed with patching. He noted he is speaking for the Star Lane property owners who signed the petition. He stated those property owners are satisfied with the roadway the way it is. He noted the sub soils are not good. He explained he has experience with bituminous roadways and based on his experience as soon as the roadway is dug up other problems occur. He expressed concern that if the soils underneath the roadway are disturbed with a reconstruction there will be a lot of problems. The soils have been compacted naturally over the years. Mr. Karas went on to state he thought a mill and overlay with the correct sloping of the roadway to disburse stormwater is fine for 75 — 85 percent of the roadway. Star Lane is able to handle almost all of the snow melt. The property owners at his end of the cul -de -sac do not want to have Star Lane disturbed. A mill and overlay would suffice for them. There are roadways in worse shape than Star Lane and the City's money could be put to better use on some other roadway. There are 15 abutting properties on Star Lane, there is minimal traffic, and there are no parking issues. If the width of Star Circle is increased, it will take away some driveway and property from some of the property owners. One of the driveways is already a short driveway and 6 feet of it would be lost. Also, increasing the size will not allow a refuse hauler truck to make the circle. Star Lane has a big circle and if some of that is lost it will create problems for large trucks. Nick Pachmayer, 5655 Star Circle stated he is speaking for the owners of the properties abutting Star Circle. He asked how much surface will be taken on Star Circle to widen the area. He stated he lives on the northwest corner of the cul-de-sac and he has extensive landscaping and an irrigation system. All of the snow melt from Star Circle ends up on him and his neighbor's property. He asked if the roadway is reclaimed does it mean that water main will not be extended and stormwater improvements will not be made. Mayor Liz6e stated water main will not be extended if the roadway is reclaimed. Mr. Pachmayer asked what the process is for making the decision on how to improve the roadway. Liz6e explained that this evening Council has to decide if it wants to schedule a public hearing about assessments for water main extension and after that is held Council will decide on what the scope of the design work should be. Mr. Pachmayer then stated as a property owner he signed a petition against having any rehabilitation of Star Circle done. He thought the roadway is fine; the access in and out is fine. A reclamation or reconstruction would cause undue stress to the property owners. He could potentially lose 4 — 6 feet of his newly installed driveway. He explained he appreciated the goal to do all utility work at the time of a reconstruction effort. He asked what the City tells property owners who have taken it upon themselves to ensure their well water is fit for their families. He stated he bought his property knowing lie only had well water and the roadway ended in a cul -de -sac. He understands it's his responsibility to cap the well should it go dry or not longer be used. Mayor Liz6e stated the City has no responsibility for private wells CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 9 of 13 Bill Germain 5640 Star Lane stated he has owned his property for 22 years. It would not make sense to him to reconstruct Star Lane and not extend water main. He thought the roadway is the best it has been in 22 years. He noted he signed the petition against the improvement project. He thought the roadway has been patched five times during the 22 years and the last patch job was the best. It's his understanding there are sanitary sewer issues. Engineer Landini explained that the televising indicated that there is some infiltration. The City has requested quotes to make the necessary repairs and that can be done without any roadway improvements. Councilmember Woodruff clarified that this evening Council needs to decide if a public hearing should be scheduled and property owners can restate their continents at that time. He stated water main extension is most appropriately done when a roadway is reconstructed, noting a reconstruction effort could be done without extending water main. He noted Meadowview Road and a part of Wild Rose were reconstructed and water main was not extended. The water main extension discussion will occur after the public hearing. He explained some questions cannot be answered until the engineering design work is completed. He stated a decision will not be made until 2011 about the scope of the project or if there will be a project. Councilmember Zerby clarified if water main were to be extended property owners are not mandated to hook up to city water. A hook -up at the curb will be installed. Councilmember Woodruff reiterated Director Brown's comments about what costs would be assessed to the property owners. Mathew Tift, 5695 Star Lane stated he was the newest property owner on the street. He explained he is present because he had his well tested and the level of arsenic in the water is higher than the threshold. He stated he is pro city water, but the roadway is not an issue for him either way. He commented there are a lot of filtration systems in his home. He also commented he and his wife work out of their home and they have two young children. Although they have a reverse osmosis system the arsenic level is bothersome to him. He encouraged Council to hold a public hearing on the assessment for city water. Mary Nylin. 5715 Star Lane stated she has owned her property for 19 years. She expressed her support for city water and a new street. She noted the arsenic level in her water is off the charts. Mayor Liz& stated she was impressed with the feedback this evening. Councilmember Bailey asked Director Brown if it's his experience that when there are bad sub soils that the City could get into a situation where it wishes the sub soils hadn't been dug up. Brown explained that soil borings are random samples of what the sub soils are like. Borings are taken every 500 feet or so. It's not very often that the City wishes it didn't open up a roadway. The last time was before he started and the project was when Covington Road was reconstructed. He thought the sub soils under Star Circle and Star Lane are fairly uniform. Councilmember Bailey asked why the roadways are rated a 3 when they are not rubble. Director Brown explained a lot of work went into patching the roadways. He thought if nothing is done the condition will be the same as before the patching in five years. Bailey moved, Woodruff seconded, Adopting RESOLUTION NO. 10 -045 "A Resolution Approving Feasibility Report on Proposed Improvements and Setting Public Hearing Date City Project 11 -01 Star Lane and Star Circle Road Rehabilitation Project." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 10 of 13 Councilmember Bailey clarified this is just the next step in the process. There seems to be sufficient reason to take the next step. Councilmember Zerby stated he wants more information about the proposed project. He expressed his skepticism about the timing of the project. He stated he thought the 20 -year Pavement Management Plan was too aggressive. He questioned why the roadway improvements would be done at this time when the property owners convey the roadway is in the best shape it's been in for 22 years. He thought it could be delayed another year. He noted the cost for the project, including the extension of water main, is more than $600,000. He thought the timing of roadway improvement projects should be discussed more. Motion passed 510. Mayor LizBe thanked the property owners for attending and for their comments. Councilmember Bailey asked Staff to come to the public hearing prepared to lay out the case for why this would be an appropriate step so the property owners have a clear explanation. Councilmember Zerby asked Staff to project graphics and highlights of the report during the public hearing. Councilmember Turgeon requested Staff clearly explain the options available. 10. GENERAL/NEW BUSINESS A. Minnehaha Creek Watershed District Citizen Advisory Committee Representative Appointment Administrator Heck explained the Milmehaha Creek Watershed District (MCWD) is in the process of reviewing and amending its stormwater management rule. One of the committees the MCWD uses during such a process is a Citizen Advisory Committee (CAC). The MCWD has asked interested parties to serve on the CAC. The Council doesn't appoint anyone to the CAC but it can recommend someone to serve. Mayor Liz& recommended publishing information about the CAC in the Shore Report and interested residents can submit a letter of interest to the City. Engineer Landini clarified that a resident would still need to apply to the MCWD. Lizde stated the City can let residents know that the MCWD is looking for citizens to be involved in the process and interested parties can apply to the MCWD directly. B. Supporting State Legislation Providing for Changes in Distribution of Fine Revenue for Aquatic Invasive Species (AIS) Citations Administrator Heck stated the Lake Minnetonka Conservation District (LMCD) recently adopted a resolution requesting a change to legislation regarding the distribution of fine revenue from aquatic invasive species (AIS) citations. The resolution asks that all fine revenue go to the local law enforcement agency issuing the citation rather than to the State. The thought is if more of the fine revenue goes to local agencies there will be more incentive to issue citations. The LMCD has forwarded the resolution it adopted on to the LMCD member cities and asked them to consider adopting a similar resolution. Staff recommends Council adopt the resolution and then forward it to the State senator and representative. Councihnember Zerby asked what the amounts of the fines are. Administrator Heck stated it varies based on the offense but he was not sure of the various fine amounts. Councilmember Woodruff stated the fine for one infraction is $500. Zerby asked what the fine is for transporting a boat on public roadways with the drain plug still in the boat. Woodruff stated he did not know the answer, noting the fine amounts are set in State Statute. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 11 of 13 Councilmember Zerby questioned if the fine revenue received will offset the cost of the South Lake Minnetonka Police Department's (SLMPD) costs. Councilmember Turgeon asked who in the SLMPD is trained to issue AIS citations. Mayor L,iz& stated all patrol officers are. Councilmember Woodruff stated all local law enforcement agencies have adequate training to enforce the law. In response to a question from Councilmember Turgeon, Councilmember Woodruff stated the LMCD AIS Task Force made a recommendation to the LMCD Board to adopt the resolution and the Board did that. Councilmember Turgeon stated she has a feeling that this is a knee-jerk reaction because Lake Minnetonka became infested with zebra muscles. The SLMPD says it's understaffed and this would add to the workload. She wondered if it would better for Howard's Point Marina to purchase additional policing services from the SLMPD, similar to what Maynard's Restaurant and BayView do, to inspect boats as they come out of the Lake. She thought the Marina owners should share in the responsibility. She wanted to have more information before she is ready to consider the resolution. Councilmember Bailey asked if the intent is to motivate the SLMPD to engage in additional enforcement thereby incentivising them to not do other things. If this involves the SLMPD patrol officers periodically driving by a boat launch as part of a routine patrol and they take the time to issue a citation that's probably not an issue. He questioned if it would be a good use of resources to dedicate officers to the launch sites. Councilmember Woodruff stated the LMCD AIS Task Force and LMCD Board had extensive discussion about resources consumed versus revenue earned. Those involved think the lack of opportunity to receive any significant revenue from the citations is an impediment to enforcement. He thought it is up to the SLMPD Coordinating Committee to direct the SLMPD to either enforce or not enforce the existing invasive species laws. He stated adopting the resolution would not result in having SLMPD officers stationed near launch sites. FIe clarified this is not targeting marinas; it targets at all boat users who use the boat launches on Lake Minnetonka. Woodruff moved, recommending adoption of a resolution in support of new state legislation providing for changes in distribution of fine revenue for aquatic invasive species (AIS) citations. Motion failed for lack of a second. C. Commercial Trash Container Screening Councilmember Woodruff stated tie and Director Nielsen have been discussing a situation where one of the commercial establishments in the City has its dumpster located in the front of the establishment near the street. He suggested Council direct Staff and the Planning Commission to review the City's Ordinance to determine if the Ordinance should be amended to address the issue of lack of screening of commercial trash containers. Director Nielsen explained during the site plan review of commercial property Staff ensures there will be adequate screening of trash containers or that they will be located inside. Unfortunately, the property being discussed is an existing business and no site plan review was required. Nielsen indicated there is no provision in City Ordinance to require screening of commercial trash containers. If Council so chooses, the Planning Commission can hold a public hearing on a draft amendment for including such a provision and make a recommendation to Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 12 of 13 Mayor Lizee asked if the property owner is amenable to moving the dumpster. Director Nielsen explained he has been talking to them about this for about three months. The property owner did move it to a different location but the refuse hauler did not like the new location. There was consensus to have Staff and the Planning Commission draft an amendment to the City Ordinance to include a provision requiring commercial trash containers to be screened. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the lease on the City -owned house expires at the end of April 2011. The current tenant would like to extend the lease for one more year and he did not think there is a reason not to. He then stated the improvements to the shelter in Manor Park are near completion_ He thanked everyone who helped install the boundless playground in Manor Park. He noted the South Tonka League of Women Voters is hosting a Shorewood candidate forum on October 4, 2010, at City Hall from 7:00 — 9:00 PM. Mayor Lizee noted the Lake Minnetonka Communications Commission will record the meeting. Councilmember Woodruff stated he sent Staff an email regarding the damage to the garage doors on the property. Administrator Heck explained the Building Inspector is working on getting the doors on the detached garage repaired. 1. Financial Report — August 2010 Director DeJong stated the meeting packet contains a copy of the August 2010 financial repot. He thought this year's budget is in good shape. Councilmember Bailey asked Director DeJong to spend some time thinking about how to calendarize future budgets. Mayor Lizee recessed the meeting at 9:00 P.M. Mayor Lizee reconvened the meeting at 9:05 P.M. Other Staff Reports Director Nielsen stated this past weekend was the Preliminary counts indicate five deer were removed. another one in November. first weekend of the 2010 deer removal program. There will be two removal weekends in October and B. Mayor and City Council Councilmember Bailey stated he attended an Excelsior Fire District (ETD) Board meeting or September 22, 2010. The Board adopted the 2011 budget that was approved by the five member cities. There was a great deal of discussion about the required contribution to the Excelsior Firefighters Relief Association (EFRA) pension fund. The estimated required contribution for 2011 is $35,000 more than the amount provided for in the adopted budget. The required contribution will continue to be an issue for a number of years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 27, 2010 Page 13 of 13 In response to a comment from Councilmember Turgeon, Councilmember Bailey explained the EFRA must file its forms with the State by the end of July. He noted the EFRA can file an amended form at the end of 2010 but it can't do that in future years. In response to a another comment from Councilmember Turgeon, Administrator Heck explained the timeline for adopting the ETD budget is driven by the need for the FED member cities to have the budget set before the cities have to certify their maximum levy with Hennepin County in September. The reporting requirement for EFRA is a separate item. Councilmember Turgeon stated it would be helpful to have more realistic contribution numbers. Councilmember Turgeon stated that in July she forwarded to Staff a drainage concern she heard about from a resident, Mr. Fox, on Edgewood Road and she hasn't heard back from Staff on this item. Mayor Liz6e stated she has spoken with Mr. Fox, who lives on Howard's Point Road. Before the drainage issue can be resolved on Edgewood Drive two property owners have to be willing to grant the City an easement. Councilmember Turgeon stated the City has a drainage issue near Covington Road. The City has a 20- foot easement. It's her understanding the City wants a 50 -foot easement and the City needs to remove about 140 yards of sediment out of the culvert. She asked how often the culverts are maintained. She suggested Council discuss culvert maintenance at some future meeting. Councilmember Woodruff agreed with the maintenance comment. Turgeon asked why the City needs a 50 -foot easement versus the 20 -foot easement it already has. Councilmember Bailey explained the outlot is in the lake and it is land locked. It has no value with Hennepin County and it is not taxed. Councilmember Woodruff stated the LMCD AIS Task Force has a meeting scheduled for October 8, 2010. A more thorough assessment was done by a number of agencies of the zebra muscle situation in Lake Minnetonka. A lot more . juvenile zebra muscles have been found and there is a higher density on the north end of Big Island. Two adult muscles have also been found. He then stated the Minnehaha Creek Watershed District is mailing all lake shore residents a letter about zebra muscles. Mayor Liz6e reminded residents that there is a community meeting about the new Excelsior Library scheduled for September 30 "' at 6:30 — 8:00 P.M. at the Southshore Community Center. She stated the Excelsior Fire District Fire Prevention Open House and Safety Fair is scheduled for October 7 "' from 6:00 — 8:30 P.M. She then stated there will be an Open House at Manor Park for the refurbished shelter and new playground on October 16 "' from 10:00 A.M. —Noon. 12. ADJOURN Turgeon moved, Zerby seconded, Adjourning the City Council Regular Meeting of September 27, 2010, at 9:15 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Administrator /Clerk