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03-14-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 14, 2011 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 7:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Siakel B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. Multi-City Council Work Session Minutes, February 24, 2011 Woodruff moved, Zerby seconded, Approving the Multi -City Council Work Session Minutes of February 24, 2011, as amended in Item LA, added Councilmember Richard Woodruff to the list of those present from Shorewood. Motion passed 4/0. B. City Council Special Meeting Minutes, February 28, 2011 Hotvet moved, Zerby seconded, Approving the City Council Special Meeting Minutes of February 28, 2011, as presented. Motion passed 4/0. C. City Council Work Session Minutes, February 28, 2011 Lizee moved, Zerby seconded, Approving the City Council Work Session Minutes of February 28, 2011, as presented. Motion passed 4/0. D. City Council Regular Meeting Minutes, February 28, 2011 Zerby moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of February 28, 2011, as amended in Item 10.A, Page 14, Paragraph 2, Sentence 4 change "Siakel asked when the drop -off program" to "Siakel asked when the curbside program ". Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 2 of 13 Zerby moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. 2011 Concession Operations Agreement C. Personnel Action — Finance Director Appointment D. Ball Field Pitching Rubbers E. 2011 Smithtown Way Storm Maintenance Project F. Picnic Tables for Parks G. Adopting RESOLUTION NO. 11 -008 "A Resolution Accepting Donations to the Southshore Community Center Sign Replacement Project." Councilmember Woodruff stated the Verified Claims List includes a payment to Parrott Contracting Inc. That company did the excavation work on the outlet structure located near 5750 Covington Road and Silver Lake. One of the owners of a property near that area has told him that there are significant piles of snow with debris in them near the site and that individual wants to know when the site will be cleaned up. He expressed his concern about paying the invoice before the cleanup work is done. Engineer Landini explained the snow was moved to the 5750 Covington Road property. The City will rake the property in the spring. Landini noted the City's project is complete but the Metropolitan Council still has a project going on near that area. Woodruff stated if the other Councilmembers don't have an issue that the City may have to do some cleanup work then he's okay with approving this claim. Councilmember Woodruff then stated that the 2011 Smithtown Way Storm Maintenance Project was originally brought to his attention by some of the owners of properties abutting Smithtown Way. He asked that the city notify properties owners the project is going to happen. Engineer Landini responded the property owners will be noticed when American Engineering and Testing will be out at the site to do some drilling and that will introduce the project. Woodruff had no further issue with this. Councilmember Woodruff asked why the picnic tables proposed for purchase will not be compliant with the Americans with Disabilities Act (ADA). Director Brown explained a number of ADA compliant picnic tables were ordered last year. The ADA compliant tables have already satisfied the ADA's requirements for the loading of the City's parks. Brown then explained ADA compliant picnic tables are cantilevered out at the end to accommodate a person in a wheelchair and if a person sits or leans on the end of the table they tend to flip. Therefore, they must be anchored down. He stated that Park Coordinator Anderson and lie recommend staying with the standard picnic tables. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 3 of 13 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS Councilmember Hotvet reported on matters considered and actions taken at the March 8, 2011, Park Commission meeting (as detailed in the minutes of that meeting). She was the liaison fi - om the Council at that meeting. 8. PLANNING Commissioner Garelick reported on matters considered and actions taken at the March 1, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). He noted that property owners at Shorewood Ponds are putting together a petition that will first be seen by the Planning Commission and then the Council asking the City to reduce the age restriction for people who live there to 55 from 62. 9. ENGINEERING /PUBLIC WORKS A. 2011 Gravel Road Maintenance Experiment Engineer Landini explained Public Works staff goes out to Enchanted Point Road an average of six times per year to grade the road and put additional rock down. It costs the City roughly $3,000 a year to maintain that roadway. He noted he had been asked to research sustainable surface maintenance options that would reduce the number of times the City has to make improvements to the road. He explained he researched Otta seal, stabilized gravel with flyash or bentonite, stabilized gravel with chloride, and stabilized gravel with bituminous oil. He noted Otta seal has been used in the State for about 10 years. He is aware of one roadway in Stillwater Township that was Otta sealed that Councihmembers could go and look at if they like. Landini stated Council may want to add this roadway to the 2011 road improvement list, while noting it is not budgeted for in 2011 but could be funded by a transfer from the Street Reconstruction Fund. Council could also choose to budget for it in 2012. He then stated the City has received a proposal from American Engineering and Testing to do two shallow soil borings to determine how much base material is present. That information is needed to correctly design the project. Mayor Liz6e stated this sounds like an interesting project and noted that Enchanted Point Road has been problematic for a long time. Councilmember Woodruff noted that two owners of properties abutting Enchanted Point Road are in audience this evening and they may want to speak on this. He stated it's his understanding that the roadway has been unpaved since its inception. It's also his understanding that in the 1970s there was some type of seal of coating on it. That coating went away when the City's sewer system went in.. The roadways surface is dusty, muddy and there are many potholes. He then stated the residents along that roadway have asked a number of times to have that roadway paved. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 4 of 13 Woodruff explained the City's policy has been to assess benefiting property owners for the cost of paving an unpaved roadway. He stated the property owners are reluctant to take on the assessment. Ile explained that over the past year he has been speaking with Staff about how to restore the roadway surface to what it was like in the 1970s when residents thought it was okay. He encouraged Council to at least authorize the soil borings for a cost of about $900 and ultimately do the project if the results of the borings indicate it makes sense to do so. He noted there are 3 — 4 other roadways in the City that are similar to Enchanted Point Road. He stated if the Orin seal option works he suggested the City do the same thing to those roadways. He recommended this project get done in 2011. Jim Thibault 4565 Enchanted Point Road stated when he and his wife purchased his property in 1973 the surface on Enchanted Point Road was either tarred or something similar to that. After the roadway was torn up to install the sewer system, crushed rock was put down for the surface. The City's efforts to fix the roadway don't last very long. He noted he hasn't asked the other property owners along that roadway if they are willing to pay to have more significant improvements done to the roadway's surface. He stated the City would benefit if the surface life of the roadway could be extended. Ile commented the residents on Enchanted Island don't ask for much. He stated it would be too costly to bring Enchanted Point Road up to the City's roadway standards. Wally Larson, 4385 Enchanted Point Road stated the 300- foot -long section of the roadway up to his property is a mess every time it rains. When the surface is grated it's never done deep enough to get to the bottom of the trouble. He then stated lie thought there needs to be a decent amount of class 5 rock put down and then packed down. He went on to state it's his understanding that there used to be some blacktop on the roadway's surface, noting he didn't live at this location when the sewer system was installed. It's also his understanding that surface was not restored to the state it was in before the roadway was torn up. In response to a question from Mayor Liz6e, Engineer Landini stated Enchanted Point Road is a public roadway. In response to a question from Councilmember Zerby, Director Brown explained the volume of traffic on Enchanted Point Road could be estimated based on the number of properties abutting the roadway while noting that it would be considered a low traffic volume roadway. He stated he thought Engineer Landini's recommendation would hold up over time. Councilmember Woodruff stated he thought there were about 15 properties abutting Enchanted Point Road. He noted that the Shorewood Yacht Club property is at the end of that roadway. He thought the traffic volume is very low. Councilmember Zerby stated taking the soil borings would be a good start. He asked Engineer Landini if he was seeking approval for the soil borings only or the borings and the authorization to obtain quotes for the Otta seal option. Councilmember Hotvet stated Otta seal seemed to be a more positive choice than the gravel options from an environmental perspective. She asked if it meets the Minnehaha Creek Watershed District's guidelines. Director Brown stated he was not aware of any specific guidelines with regard to this process, but anything that can be done to minimize the amount of gravel fines from traveling into Lake Minnetonka is a positive step. CITY OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 5 of 13 Woodruff moved, Zerby seconded, authorizing Staff to contract with American Engineering and Testing to conduct two shallow borings for an amount not to exceed $900 and authorizing the project to Otta seal Enchanted Point Road in 2011 for an estimated cost of $12,000 subject to the results of the soil borings being favorable. Councilmember Zerby stated that in the past Councilmember Woodruff has expressed concern about authorizing projects that were not let out for bids. He asked Woodruff he wants Staff to go through the bidding process for this. Woodruff stated he was comfortable moving forward with the project. Director Brown noted if the project is done in 2011 Council will have to authorize a transfer from the Street Reconstruction Fund to cover the cost of the unbudgeted project. Engineer Landini noted Council will have another chance to consider the Otta seal project when it considers the quotes to do the work. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Deer Management Report Director Nielsen explained the Three Rivers Park District (the District) completed its 2011 aerial deer survey in the City and the snapshot in time showed a significant increase in the number of deer over the 2010 survey number. The 2010 survey count revealed 106 dear on the day of the flyover and the 2011 count revealed 145. A wildlife specialist for the District informed him counts were up throughout the region; the 2011 count was easier to do and the counts was closer to actual due to the exceptional snow cover, the deer were herding more than usual, and the pilot who flew the plane in 2011 had a very good eye for deer. Nielsen reviewed the 2010 deer management program. Eleven deer were removed the first weekend. The weather was unseasonably warm the second weekend and the deer were not moving around very much. Ten deer were removed on the third weekend. There was an ice storm on the fourth and final weekend of the effort so Metro Bowhunters Resources Base (MBRB) pulled its archers for safety reasons. A total of 21 deer were removed in 2010; a little lower than some of the past removal programs. Nielsen stated the phone calls the City received relative to the deer management program were overwhelmingly in favor of continuing the program. There was only one caller who expressed concerti about removing deer. The vast majority of calls were from people requesting that archers hunt their property. If Council decides to continue the program in 2011, the City and MBRB will have several more sites to consider. Nielsen noted that the Planning Commission expressed concern about residents feeding deer last year and it asked the City to educate residents about feeding deer. The City published four articles in the City's newsletter. He explained that the 2011 survey map provided by the District shows the location of some of the deer feeding sites. One of the areas most heavily populated with deer has four feeding stations located in it. People are dumping barrels full of feed onto the sites. He stated the Commission has asked Staff to prepare a draft ordinance banning the supplemental feeding of deer. The ordinance will be presented to the Commission during its next meeting. The Commission suggested including a questionnaire with the utility bill from the City as a means of gathering feedback from residents about feeding deer. The Commission is also considering holding an open house to discuss the issue of feeding deer. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 6 of 13 Woodruff moved, Zerby seconded, directing Staff to have a 2011 deer management program. Motion passed 4/0. Mayor Liz& stated MBRB has done a great job and it's been a great partner for the City. She then stated that before a new regulation is added to the City Ordinance enforcement of it must be considered. She expressed that she thought it would be difficult to enforce a ban on supplemental feeding of deer. She stated people may consider a bird feeder a supplemental deer feeder because deer try to feed out of bird feeders. She suggested the supplemental feeding of deer be kept as a conversation point with the City's residents. Director Nielsen stated some of the model ordinances Staff have looked at try to address Mayor Lizee's concern about bird feeders. For example, the ordinances consider quantities of feed. He then stated it would not be an easy ordinance to enforce. He noted the ordinance would be enforced on a complaint basis. B. Stop Sign Placement Policy Administrator Heck explained last 'fall residents in the area of the Yellowstone Trail and Glencoe Road asked Councilmember Woodruff about installing stop signs on Yellowstone Trail for safety reasons. When he was first informed about the request lie didn't think the City had a policy for evaluating requests for stop signs. He has since found out that in 1992 the then council adopted a resolution outlining the stop sign warrant criteria. He stated Staff believes it is prudent for Council to review the current policy and decide what, if any, changes it would like to make to the policy. Staff recommends the City have such a policy and it suggests the policy be put into a regular policy format and not a resolution format. Councilmember Woodruff stated the particular issue the residents have at the intersection of Yellowstone Trail and Glencoe Road is that Yellowstone Trail is uncontrolled. Drivers traveling on Glencoe Road have to stop at the intersection but they can't see the traffic traveling on Yellowstone Trail. The residents believe that is dangerous and having a stop sign on Yellowstone Trail would make the intersection safer. Fie explained the 1992 resolution specifies the things that must be considered. It also states "BE IT FURTHER RESOLVED, that the City Council hereby incorporates by reference the stop sign warrant criteria setforth in the Minnesota Manual of Uniform Traffic Control Devices." Woodruff suggested the policy be reduced to referencing to the stop sign warrant criteria set forth in the Minnesota Manual of Uniform Traffic Control Devices and stating the City Council has the responsibility of making the final determination in the placement of all stop signs within the City. Councilmember Zerby asked if Hennepin County has a similar manual. Director Brown responded that counties and cities tend to fall back on the Minnesota Manual of Uniform Traffic Control Devices because it's the authority that is accepted in the courts. Brown stated the City can be more restrictive than the State. In response to a comment from Zerby, Brown explained the standards for sign reflectivity are federal standards. Zerby asked if all regulations related to signage in the City Ordinance should be reviewed. Administrator Heck stated Staff will draft a short policy that references the Minnesota Manual of Uniform Traffic Control Devices. He then stated that once the inventory of signage in tine City is completed and signs have been brought into compliance with the federal reflectivity standards, a sign maintenance policy will have to be developed. Engineer Landini stated the City could have an all inclusive sign policy. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 7 of 13 C. Franchise Fee Administrator Heck stated Staff has been working with both CenterPoint Energy and Xcel Energy over the last year and a half on the language in the franchise agreements between the City and each of those companies. Staff would like to make the two agreements as similar as possible. He noted that Council has not been provided with draft copies of the agreements because Staff has a question it needs Council to answer. The question is does Council want the City to impose a franchise 'fee on the two companies; a fee similar to what is charged to Mediaeom. Heck explained the agreements could be drafted in a way that allows the City to, at some time during the 20 -year term of the agreement period, impose a franchise fee. He stated it's his understanding that in the past the then Council has not wanted to charge a franchise 'fee. He asked Council if it wants the agreements to allow the City the flexibility to impose a fee at a later date but not at this time or to impose a fee now. He noted the fees received would go into the General Fund. He explained some cities charge an electric franchise fee to help offset the cost of street lighting if they own their own street lights. The fees are considered cities' leases for having the utilities located in the cities' rights -of -way. He noted the City does have a right-of-way ordinance. Heck stated the franchise agreement with Xcel Energy has been reviewed by Attorney Keane and by Kennedy and Graven. The franchise agreement with CenterPoint Energy is based on the model agreement developed for the League of Minnesota Cities (LMC) by Jim Strommend of Kennedy and Graven. Most cities use that model franchise. He stated Xcel Energy is not excited about a blanket bond for work in the rights -of -way. Attorney Keane highlighted the history of the conversation of the franchise agreements between the City and the two utility companies. The City has wanted to maintain flexibility as it relates to the City's ability to impose a franchise fee. As a policy, the City Council has not elected to impose a fee. Councils have wanted to preserve the option to impose a fee as a negotiated aspect of franchise agreement. The City also wants the agreements to preserve the accountability of the utility provider in the performance of its duties especially in the use of components of the City's infrastructure and the restoration of those components. Accountability can be particularly problematic if the utility provider contracts for work to be performed by people other than its own crews. There needs to be the appropriate accountability in place to ensure the infrastructure components are properly restored. Keane explained that in the last decade the City has had to conform to standard accounting principles as it relates to tracking the value of its real estate assets. Franchise fees are one mechanism for capturing some consideration for the use of the City's rights-of-way, which are assets, for the proprietary distribution of utilities by for -profit utility providers. The LMC has compiled a great deal of information about what cities are doing regarding franchise fees. Keane then explained that during that last round of franchise agreement negotiations with Xcel Energy the City made it clear that it was not intending to impose a franchise fee at that time, but the City insisted on maintaining the ability to impose a franchise fee up to agreed upon amount. Courcilmember Hotvet asked what the other South Lake cities do. Attorney Keane responded he was not sure. Administrator Heck stated he will find out what they do. Hotvet stated this could be an opportunity for collaboration for the South Lake cities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 8 of 13 Mayor Liz& stated she supports maintaining the City's flexibility to impose franchise 'fees in the franchise agreements. Councilmember Woodruff stated he also supports maintaining the City's flexibility to impose a franchise fee, but he doesn't think the City needs to impose a fee at this time. He then stated it's his understanding that if Xcel Energy were to be charged a fee it could pass the cost of the fee on to its customers in the City and he thought that could be considered a backdoor tax. Woodruff explained the old franchise agreement with Xcel Energy gave the City pole rights. The pole rights would allow the City to string cable from the poles if it wanted to install above ground fiber. He asked if that is retained in the agreement being negotiated. Administrator Heck responded Xcel Energy has agreed to retain that in the agreement. Heck explained Xcel Energy has two issues. One is Heck's request to have Xcel Energy post a blanket and Xeel Energy wants the City to specify what the franchise amount would be in either a dollar amount or percent if one were to be imposed. Councilmember Zerby stated if Xcel Energy were to pass on the cost of a franchise fee to its customers that could be considered an alternative tax and that concerns him somewhat. He does support moving toward a usage tax. He expressed his support for maintaining the City's flexibility to impose franchise fees in the franchise agreements. He stated if a franchise fee could reduce the tax burden by roughly the same amount it may be appropriate to consider imposing a fee. He commented that having utility companies pay for the right to use the City's assets is a significant responsibility for the utility companies and somehow that should be incorporated into the City's financial picture. Councilmember Woodruff reiterated if a franchise fee were imposed on Xcel Energy the residents would ultimately end up paying that 'fee. Woodruff moved, Zerby seconded, directing Staff to negotiate franchise agreements with both CenterPoint Energy and Xcel Energy that maintain the City's flexibility to impose a franchise fee sometime during the 20 -year term of the agreement and not including the fee at this time. Councilmember Zerby stated the cities of Chaska, Mound, and Orono have franchise fees in place. Motion passed 4/0. 11. OLD BUSINESS A. Measurable Management Administrator Heck stated Molly McDonald and Rebecca Heiderpriem, with Fritz Partners, would facilitate the Measureable Management Program. He noted that Ms. McDonald came before Council in 2010 and again in January 2011 to present the Program. Heck explained that as part of the Program line staff would identify areas for improvement, identify how to make the improvements, implement the changes, and develop methods to measure the benefits gained from the changes. Staff at the City of Waconia went through the Program and he spoke with the Waconia City Administrator who explained that Waconia found significant savings in areas they would have never considered prior going through the Program. The Program is designed to open up discussion among staff, to build a stronger team and to draw information out from people who actually do the job. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 9 of 13 Heck related that Councilmember Siakel asked him if it was necessary to go through the Program in order to identify areas for improvement. He stated his initial thought was he thought it could be done in house. After reflecting further on it, he realized that a very open environment is needed for staff to be comfortable with identifying and implementing changes. That doesn't exist at this time. Therefore, he doesn't think it could be accomplished without the help of outside resources. He then stated he thought the Measurable Management Program will provide staff with the necessary tools and assist staff with achieving some of the goals identified during the Council and staff retreat. He noted that two of the core values identified during the retreat were leadership and teamwork. The Program will help develop leadership among all staff and will help achieve improved levels of teamwork. Heck stated he strongly recommends Council authorize moving forward with the Measurable Management Program. FIe noted the cost for the Program is about $30,000, and Fritz Partners guarantees the City will realize savings equal to that amount or they will refund the difference. Councilmember Zerby stated he had been on the fence about moving forward with the Program. After hearing how Administrator Heck's enthusiasm for the Program as built since the first time the Program was discussed and after hearing Heck's comments about dovetailing with the goals discussed during the retreat he supports moving forward with the Program. He then stated the Program seems to be a very principled approach. Councilmember Woodruff stated he has listened to Ms. McDonald's presentation about the Program twice. He expressed he whole heartedly embraces the approach the Program takes. It's a classic approach and he knows it works. He stated he has some concerns about the cost and the soft savings. He then stated he was not going to count on the City being compensated by Fritz Partners if $30,000 in hard savings isn't realized. He expressed this Program is an investment in the future. He stated he is grudgingly changing his mind and will support moving forward with the Program. Ile noted that he is putting Administrator Heck on the line to make sure the Program works because he knows it can work. Administrator Heck stated that a long time ago he told Council that his general mode of operation is to bring ideas from the ground floor up. He then stated Council, City management, and City staff need to embrace that idea. Councilmember Hotvet stated she had not been in total support of moving forward with the Program prior to this evening. But, after hearing Administrator Heck's strong support for the Program this evening, she now supports moving forward. She then stated she wants staff to know that she's looking forward to them streamlining theirjobs and bringing new life into their jobs. She asked that Council be provided frequent reports on how the Program is progressing. Zerby moved, I3otvet seconded, authorizing Staff to move forward with Fritz Partners' Measurable Management Program. Motion passed 4/0. Mayor Liz&e expressed her appreciation for Administrator Heck's and the staff's work on this. She stated this is an opportunity to move things forward and to let the staff blossom and do some creative problem solving. She then stated the City has retained a good staff for many years and it's time for the staff to be given the opportunity to do great things. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 10 of 13 B. County Road 19 Trail Administrator Heck stated the City of Tonka Bay has asked Council to reconsider a resolution supporting the concept design for an off-street trail along County Road 19 that would connect the Lake Minnetonka LRT Regional Trail just north of Smithtown Road with the Dakota Trail in Orono. Heck explained that in 2010, the Orono, Shorewood, and Tonka Bay City Councils met to discuss the concept design plan. During that meeting, the Cities of Orono and Tonka Bay passed a resolution supporting the concept design; the City of Shorewood did not. During the November 23, 2009 Shorewood City Council meeting,] the Council heard a presentation from a representative from Hennepin County about the concept design. During that meeting the Shorewood Council chose not to adopt a resolution in support of the concept design. Heck stated if Council is in support of adopting a resolution supporting the concept design plan Staff will provide Council with such a resolution for consideration during its March 28, 2011, meeting. The resolution would be similar to the one adopted by the Cities of Orono and Tonka Bay. Mayor Lizee noted that Andrew Gillett was the representative from Hennepin County. Councilmember Hotuet stated she was a resident volunteer on the consortium of people from the Cities of Orono, Shorewood and Tonka Bay. She commented that the trail concept is a huge undertaking. She noted the joint meeting of the three City Councils took place on October 23, 2009. She explained during that meeting the Orono City Council and the Tonka Bay City Council voted unanimously to adopt a resolution to proceed with dialogue, noting it was not about agreeing to proceed with any sort of plan. The dialogue was intended to come up with a trail concept for a trail along County Road 19 that makes sense. Budget, environment, and geographic characteristics were to be considered. Unfortunately the Shorewood City Council could not agree to continue the trail planning with Orono and Tonka Bay. She stated she hoped this Council could regain its position with the other two Cities and revisit the conversation to create a safe pathway along side of County Road 19. Councilmember Zerby stated he was also on the citizen board, noting he was not an elected official when the discussions were started. He then stated that from his vantage point this is a very exciting vision. He expressed his support for having further dialogue about the concept design plan. Councilmember Woodruff stated he was at two meetings where the concept design was presented to the groups Councilmembers Hotvet and Zerby were part of. He commented that there were only three members present from the Orono City Council and the Tonka Bay City Council when the resolutions were adopted in October 2009 supporting further discussion about the trail. He stated there were only three Shorewood Councilmembers present during that meeting and he did not vote for it at that time because he wanted the full Shorewood Council to have the opportunity to vote on it. Woodruff then stated he thought it would be a good idea to continue studying a trail and having representatives from Hennepin County and Three Rives Park District involved. He recommended the Trail Planning Committee review the concept design plan and really frame what the City wants to ask Hennepin County and Three Rives Park District to do. He explained when the concept design plan was presented a year and a half ago there were three cost options: the $100,000 option; the $3 million option; and, the $15.3 million option and that is the option people spent the most time discussing. The $15.3 option did not include the cost to acquire land to build the trail on or to mitigate the effects on the environment such as filling in wetlands. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 11 of 13 Woodruff explained that the group that was recommending the concept design plan to Hennepin County and Three Rives Park District had no idea what it would cost to construct or to operate. He stated that earlier in the day, he spoke with the Mayor of Orono and she indicated the Orono Council has had no further discussion about the trail since 2009. Woodruff noted the Trail Planning Committee, the Planning Commission and the Park Commission have not had the opportunity to look at the concept design plan. Mayor Lizde noted that a quorum of a council consists of three members. She stated that during the October 2009 joint meeting of the Orono, Shorewood and Tonka Bay City Councils each Council had a quorum present. At that time, all that was being discussed was participation in a concept plan. It was a good showing of what partnerships can do. It was the three cities working with Hennepin County, Three Rives Park District, the Metropolitan Council, the Minnehaha Creek Watershed District, and the Minnesota Department of Transportation. She explained County Road 19 is one of the few north /south traverses around Lake Minnetonka. The traffic volume on it continues to increase. There is poor drainage off the roadway and that affects water quality. There is very little pedestrian safety. The plans discussed were not concrete. Voting to continue discussion was the first step in building a partnership and showing enthusiasm for the partnership. Mayor Liz& recommended Council direct Staff to prepare a resolution for Council's consideration during its March 28, 2011, meeting so that discussion about the concept design plan can be continued among the three Cities, Hennepin County, Three Rivers Park District, the Metropolitan Council, the Minnehaha Creek Watershed District, and the Minnesota Department of Transportation. Couneilmember Zerby stated the concept design plan is more of a vision and this is the time when council members have to show leadership. He noted that any consideration of a trail and rebuilding of County Road 19 is much further out. He stated the discussions to date had been a well organized project with lots of community involvement. He expressed he did not think it was the appropriate time to be the defender of the tax dollar; that will come at a later date. He stated a leap of faith has to be taken to endorse the project at the beginning otherwise, nothing will get started. Zerby moved, Hotvet seconding, directing Staff to bring back the resolution supporting the recommendations of the County Road 19 Trail Concept Design Plan for Council's consideration. Motion passed 311 with Woodruff dissenting. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the League of Minnesota Cities (LMC), Association of Counties, Minnesota School Boards Association, and Minnesota Association of Townships are co- sponsoring a joint legislative event on March 24, 2011. If Councilmembers are interested in attending the event, he will sign them up. Minnesota Governor Dayton has been invited to give the keynote address. The minority and majority leaders of the Minnesota Senate and House of Representatives have also been invited to provide an update on the progress of the budget and other legislative issues. Heck noted he has been following a few interesting bills that are being worked out in committee. One bill would eliminate all local government aid (LGA) for the metropolitan area for suburbs, it would phase out LGA for the Cities of Duluth, Minneapolis and St. Paul and it would retain it for greater Minnesota. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 12 of 13 Another is to freeze the 2012 and 2013 levies at the 2011 level and this has a strong likelihood of being included in the omnibus bill. Also, Senator Ortman, Chair of the Senate Tax Committee, has indicated she is interested in extending levy limits and removing a number of the exemptions for special levies. Heck stated the Minnesota House of Representatives is scheduled to pass the variance bill. The House bill is not the one supported by builders, independent chambers, the LMC and others. The Minnesota Auto Dealers Association (MADA) and the Minnesota Chamber of Commerce support it. There is a provision in the House bill that prohibits cities from applying conditions on variances. The MADA does not want the cities to have authority to impose conditions when granting a variance based on protecting the public interest, health, and safety. In cases where a city might allow and grant a variance with a condition, they will now not grant a variance. The variance bill in the Senate, which is authored by Senator Gen Olson, has not moved yet. Another variance bill was introduced today that it allows for the application of conditions under certain circumstances. He is not sure if the League of Minnesota Cities supports the third bill. Heck went on to state that the 2011 Step To It challenge starts the end of April. Heck noted that noted that Directors DeJong and Nielsen used the new council action form for this meeting. He also noted that Deephaven City Administrator Young, Excelsior City Manager Luger, Tonka Bay City Administrator Kohhnann and he are going to be speakers during the March 17, 2011, South Lake- Excelsior Chamber of Commerce luncheon. There was consensus to post the luncheon because a quorum of the Council will be in attendance. B. Mayor and City Council Councilmember Woodruff stated the Lake Minnetonka Conservation District (LMCD) Aquatic huvasive Species (AIS) Task Force met on March 11, 2011, to consider the 2011 3 -Bay Chemical Treatment Program for Eurasian Watermilfoil and Curlyleaf Pond Weed. 2011 will be year four in a five year long program. He explained the Task Force reviewed the treatments bids the Lake Minnetonka Association (LMA) had received. He stated the LMA and the Minnesota Department of Natural Resources (MnDNR) should have a report available in early April defining what the 2011 treatment efforts will entail. There will be more treatment in 2011 and therefore it will cost more. He noted that the treatment of St. Alban's Bay and Gideon Bay are not part of the 3 -Bay Program. Mayor Liz6c stated she attended one of the three meetings the Minnehaha Creek Watershed District hosted for mayors of the cities located in the MCWD. Nineteen people attended the meeting held at the Southshore Community Center. The MCWD was seeking input about how people viewed AIS, what's being done about it, and what people want to pursue. There was consensus AIS is a problem; a problem bigger than what most groups can take on individually. There is hope that partnerships will be built and there is hope that there will be leadership. Many people commented that they have questions about AIS and who is leading the charge the responses they receive from State agencies is another agency or group is dealing with it. Some attendees thought the MnDNR dropped the ball on AIS, and a lot of those feelings stemmed from poor communication and lack of funding. Funding for education is not adequate. She noted that zebra mussels have infested Lake Minnetonka and there has to be a focus on trying to keep it from spreading to other water bodies. The plan is to continue discussions with the MCWD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 14, 2011 Page 13 of 13 13. ADJOURN Woodruff moved, Zerhy seconded, Adjourning the City Council Regular Meeting of March 14, 2011, at 8:35 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder e- Christine Lizee, Mayor ATTEST: ,f Brian Heel Cjty A ministrator /Clerk r