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03-28-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 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 7:07 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Zerby moved, Siakel seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, March 14, 2011 Hotvet moved, Zerby seconded, Approving the City Council Work Session Minutes of March 14, 2011, as presented. Motion passed 4/0/1 with Siakel abstaining due to her absence at the meeting. B. City Council Regular Meeting Minutes, March 14, 2011 Hotvet moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of March 14, 2011, as presented. Motion passed 4/0/1 with Siakel abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List B. County Road 19 Trail Options (This was moved to Item I LC under Old Business.) C. League of Minnesota Cities Insurance Trust Sewer Back -up (This was moved to Item 11.D under Old Business.) Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 2 of 14 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Dick Osgood, Lake Minnetonka Association, Report on Milfoil Treatment Mayor Lizde stated Dick Osgood, Lake Minnetonka Association (LMA) Executive Director, is present to give a report on the herbicide treatment of Phelps Bay in Lake Minnetonka for Eurasian Watermilfoil (Milfoil) and Curly Leaf Pondweed ( Pondweed). Mr. Osgood noted he emailed another page to the report he submitted in advance of this meeting. The original two page report is included in the meeting packet. Mr. Osgood noted the Cities of Minnetrista, Mound, and Shorewood all abut Phelps Bay. Phelps Bay is one of bays in the 3 -Bay Herbicide Treatment Demonstration Project for Milfoil and Pondweed. This year is the fourth year of a five year project. He explained Shorewood also abuts Gideon Bay. The Minnesota Department of Natural Resources (MnDNR) approved Gideon Bay and St. Albans Bay for treatment in 2011. Mr. Osgood stated the LMA and the bay captains that help the LMA raised private funds to be used for the treatments. Because the first three years of treatments have proved to be reasonably effective, the LMA and its membership continue to support the original effort and support the 2011 treatment of Gideon Bay and St. Albans Bay. Councilmember Siakel asked why two more bays will be treated in 2011. Mr. Osgood responded that a couple of years ago the LMA asked its members through its newsletter if there were property owners with property fronting other bays on Lake Minnetonka if they were interested in the treatment program. Owners of properties fronting Gideon Bay and St. Albans Bay expressed interest. Those property owners began raising money for the treatment. At that time, the MnDNR decided not to allow the treatment of bays other than the original three bays pending further results. After the completion of the 2010 season, the MnDNR's concerns with the previous treatments had been reduced and it is now comfortable with allowing these two bays to be treated in 2011. Councilmember Woodruff clarified the treatment of Gideon Bay and St. Albans Bay are not included in the original 5 -year, 3 -bay program. With the exception of the LMA, all of the organizations consider only the original three bays to be part of that program. IIe stated the LMA wanted to increase the number of bays it sponsors for treatment to five. Mr. Osgood stated the original program has a number of sponsors and partners; the LMA, the LMCD, cities abutting the three bays, and property owners. The additional two bays have a subset of those partners. Councilmember Woodruff asked Mr. Osgood to explain the range of treatment costs for Phelps Bay for 2011 identified in his document. Mr. Osgood stated three proposals were received from applicators and the one accepted is from Professional Lake Management. Professional Lake Management proposed a range of concentrations for the chemical product. Osgood explained the concentrations that were CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 3 of 14 proposed are 1 part per million, 1.25 parts per million, and 1.5 parts per mission. That applicator offered performance guarantees on all three concentrations. The LMA is working with the residents on Phelps Bay, who are raising a large portion of the funds for the treatment, to determine what level of concentration they desire; concentration levels impact cost. He then explained the concentration will have to be permitted. He expressed he doesn't anticipate any issue with permitting form the MnDNR because the MnDNR has established a cap of 2 parts per million. Mayor Lizde stated the City contributed $6,000 in 2008, 2009 and 2010 toward the treatment of Phelps Bay. She expressed concern that Mr. Osgood's document indicates the City will contribute only $4,000 toward the 2011 treatment. She asked that Council consider restoring the level of funding for the effort because it has been a successful program. She stated that can be discussed during a future meeting. She then stated this successful treatment program has been supported by the residents, the cities, the MnDNR, and other entities. She asked if there is any plan to consider treating all of Lake Minnetonka. Mr. Osgood stated that to his knowledge there is no plan in place to move forward with treating the entire Lake after the 5 -year, 3 -bay demonstration project is done. Osgood stated the LMA would find it desirable to take a more comprehensive look around the Lake as well as have a long -term plan for managing Milfoil and Pondweed. He expressed he hopes this demonstration model will serve as a model for that. Mayor Liz& stated it would be nice to have one agency be responsible for putting together an ongoing plan. Having residents have to raise funds every year and asking the different communities to help fund such an effort doesn't seem to be the appropriate way to move forward. Mr. Osgood stated the LMA's position supports that. He noted the LMA is not a government agency and therefore doesn't initiate these programs. He noted private funding is not sustainable in the long run. Mayor Lizee stated this falls under the umbrella of aquatic invasive species (AIS). She explained that a few weeks ago the mayors of the cities in the Minnehaha Creek Watershed District (MCWD) met with the MCWD to discuss AIS issues with Milfoil being one of the issues. It was clear to the attendees that no one agency has assumed responsibility for AIS issues. She stated is imperative that one agency, perhaps the MCWD, take the lead. Mr. Osgood sated this treatment program has been a demonstration effort. He agreed that some agency has to take the lead on future strategic efforts. Councilmember Zerby asked if Mr. Osgood had a breakout of how many Shorewood properties had Gideon Bay lake front and how much shoreline is in Shorewood? Something similar to what's has been provided for Phelps Bay. Mr. Osgood stated he did not. Zerby stated based on the information about Phelps Bay it appears that the City is not paying its fair share for the treatment of the Bay. Osgood stated he will get the data for Gideon Bay. Administrator Heck stated there are a few pieces of pending legislation specific to AIS. He asked Mr. Osgood what his understanding is about the pending legislation. Mr. Osgood responded that Governor Dayton and the MnDNR proposed a bill dealing with AIS. The bill emphasizes prevention, which would have no impact on the demonstration program, and control. That bill and a related budget bill proposed will roughly double the MnDNR grant dollars for AIS control. Councilmember Siakel noted that until a non - elected City resident can be identified to represent the City on the LMCD Board she is filling in in that capacity. She stated it appears the focus for LMCD is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 4 of 14 centered on preventing the spreading zebra mussels to other lakes. She recommended there also be a focus on preventing AIS from entering the Lake as well as on maintaining the Lake. Mr. Osgood responded prevention has to be the number one priority because for AIS other than Milfoil or Pondweed there is no way to treat or control the other types of AIS. Mayor Lizee asked when the 2011 treatments will be done. Mr. Osgood explained for bays that are relatively self contained the treatment will occur in mid -May when the water temperature is 50 — 60 degrees. For other bays the treatment will occur then the plant height is 2 — 4 feet and that should be in late May or early June. Mayor Liz6e thanked Mr. Osgood for coming. 7. PARKS No report was given because there had not been a Park Commission meeting since the last City Council regular meeting. The next meeting is scheduled for April 12, 2011. 8. PLANNING No report was given on the March 15, 2011, Planning Commission meeting. A. Zoning Violation Appeal Applicant: Ron Johnson Location: 5490 Vine Hill Road Mayor Liz6e explained Ron Johnson has appealed a zoning violation notice he received for property he owns at 5490 Vine Hill Road. Tonight is Mr. Johnson's opportunity to address the Council on his notice of appeal. She noted that Mr. Johnson is not present this evening. She asked Council what it wants the next step in this process to be. Director Nielsen expressed his concern about Mr. Johnson not being present this evening. He noted that Mr. Johnson has forwarded a fair amount of correspondence relative to this. He explained Staff recommends Council consider two viable options. Option 1 is for the City to pursue an enforcement action in district court. Option 2 is to issue an administrative citation giving Mr. Johnson and Mr. Eastman, who resides at 5490 Vine Hill Road, 10 days to comply with the zoning violation notices, after which they would be fined based on the current fee schedule in the Municipal Code. If Council chooses to move forward with Option 2, it does not preclude this from being resolved in district court. He noted the City has received a lot of correspondence from residents in the area around the property expressing their frustration about the property. Nielsen stated Staff recommends moving forward with the administrative enforcement approach. Councilmember Zerby highlighted the issues identified in four of the emails received from residents, noting those names could not be disclosed. The first email states the person has been a resident for 20 years. It expresses concern about the property becoming more and more of an eye sore. There are various vehicles and storage modules on the property, there appears to be some sort of repair business run out of the garage based on the number of different vehicles and a vehicle lift in the garage, and there is a rumor that farm animals may be brought onto the property. The second email expresses concern about the trash and containers on the property, the junk cars, burning of garbage, and the rumor about farm animals. The third email expresses concern about the number of cars and storage boxes as well as a possible repair CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 5 of 14 business run out of the garage. The forth email expresses concern about there having been as many as ten vehicles parked in front of the property and some hidden behind the house, the lift in the garage and the large number of wooden boxes. All of these residents have asked the City to take action and enforce the City's Zoning Code. He clarified that the zoning violation notice is about the wooden crate /containers on the property. He stated he thought it would be relatively easy for Mr. Johnson to address the issue of containers. He commented that there appears to be a number of other issues relative to the property that the residents are concerned about. Councilmember Zerby stated he supports moving forward with the administrative enforcement process if that will be the most expeditious way of getting the violations taken care of. Councilmember Hotvet stated she supports moving forward with the administrative enforcement process. She then stated there are zoning ordinances for a reason and they should be enforced. She suggested Council have a future discussion about rental policies. She stated she drove by the property recently and it doesn't look good. Director Nielsen stated the copies of the photographs in the meeting packet were taken when the City received the original complaint. There were 5 — 6 of the containers on the front of the property. More have been placed on the property since then. Some of the containers were painted gray after the photographs were taken. He noted there is a continuing investigation about the possible vehicle repair business on the property. He explained that the City has advised residents complaining about the fires on the property that they should call the South Lake Minnetonka Police Department. He noted residents have to have a recreational burning permit to have a fire. Director Nielsen stated some of the residents are concerned about the rumor that farm animals may be brought onto to the property. He noted the only restrictions the City has on animals are related to dogs and horses. Mayor Liz& reiterated this evening the discussion is about the zoning violations of containers on the property. Councilmember Siakel asked if taking the administrative enforcement approach will likely result in a positive outcome. Director Nielsen noted that both Mr. Johnson and Mr. Eastman will be issued citations. He also noted that the City doesn't know who brought the containers onto the property, but the owner is ultimately responsible for the property. Councilmember Siakel stated if this issue eventually ends up in district court she asked how much time is lost by going through the administrative enforcement process first. Director Nielsen explained he has recommended issuing civil citations giving Mr. Johnson and Mr. Eastman an additional 10 days to comply with the zoning violation notices, noting there has already a sufficient time to do that. The violation notices could be appealed and an administrative hearing asked for. The hearing would occur within 30 —45 days. If the issue was not resolved, it can move on to district court. Councilmember Woodruff commented that the City hasn't had the need to use its administrative enforcement process yet. He stated if there is an administrative hearing the City would have to pay the cost of the administrative enforcement officer. He explained Mr. Johnson objected to having his opportunity to appeal to the City Council scheduled for tonight because in the March 18, 2011, zoning violation notice from the City he was told his opportunity would be scheduled for April 25, 2011. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 6 of 14 Woodruff asked if the City is in compliance with its rules. Director Nielsen explained Mr. Johnson had 10 days to appeal the notice; he appealed it within 1.5 days. That enabled the City to schedule his appeal to Council for this evening. Nielsen noted that Mr. Johnson is well aware of this meeting. Councilmember Woodruff recommended the City move forward with enforcement action in district court. FIe stated that from his vantage point it's very likely the City will end up there anyway. Moving forward with the administrative enforcement approach first would most likely be a waste of time and ultimately delay the resolution of residents' concerns. Array Hinkel, 19660 Waterford Place stated her property abuts the right -of -way to the pond. She explained she has a very clear view of Mr. Johnson's property. She noted she has lived on her property for close to 21 years. She also noted that she has not had a problem with Mr. Johnson personally. She stated after the 5490 Vine Hill Road property was occupied, things in the neighborhood escalated. People walking around the neighborhood comment about what's going on with the property. She noted there are more storage containers down on the property. She expressed concern about the acrimonious relationship between Mr. Johnson and the City. She questioned how to resolve the situation because he keeps taking the City to court. She noted Mr. Johnson has staked out his land much farther out than he has in the past. It shows his property almost coming on to the common land behind the pond. She commented she did not foresee the situation getting smaller. She stated she doesn't have a problem with Mr. Johnson personally and she asked if there is a way she can be of some help. Mayor Liz6e stated the emails the City receives from residents are entered into the City record. She explained the City relies on residents to let the City know what is going on in residential neighborhoods. Ian Kerr. 19435 Waterford Place stated he had sent an email to the City about the property. He then stated he thought the property has become a dumping ground. He commented that he doesn't know very many private property owners who have a vehicle lift in their garage. He stated the police and various other people have been to the property. There have been notations about different cars. People driving away have been confronted. He commented that you can only play it's my relative or friend so long. He stated he believes the person living on the property does crossbow shooting on the property. He noted there are a lot of wild turkeys in the area at various times during the year. He related that another resident in the area had told him that a wild turkey with a crossbow arrow lodged in it had landed on his property. Mr. Eastman eventually came to that individual's property with hunting clothes on. He clarified that no one saw him with a crossbow. He stated he thought shooting a crossbow in a residential area is an issue; it can be dangerous. He stated the City needs tax revenues and property values have been going down for other reasons. The residents don't need anything else causing their property values to decline farther. Mayor Liz6e asked Council to pass a motion directing Staff to issue an administrative citation immediately giving Mr. Johnson and Mr. Eastman until April 11, 2011, to comply. Woodruff moved, directing Staff to issue a civil citation to Mr. Johnson and Mr. Eastman for the matter of the storage containers on the property located at 5490 Vine Hill Road. Attorney Keane stated he has discussed with Director Nielsen the pros and cons of moving forward with the two enforcement options. He expressed his recommendation is to move forward with the City's administrative enforcement procedure. He explained that procedure starts at the City level. It provides for due process and an opportunity to be heard. The objective in this situation is to have the property come into compliance with the City's Zoning Code. Moving forward with the administrative enforcement approach will make it easier to keep the discussions and actions focused on the zoning violation of the containers on the property. He noted he thought it will be worth the effort to take that approach first. CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES March 28, 2011 Page 7 of 14 Councilmember Woodruff stated from his perspective the City will inevitably end up in district court over this matter. Woodruff withdrew his motion. Councilmember Zerby expressed his concern about the zoning violation notice dated March 18, 2011, stating Mr. Johnson's opportunity to appeal to Council would be on April 25, 2011, yet that hearing was rescheduled for this evening. Director Nielsen reiterated Mr. Johnson had 10 days to appeal the notice; he appealed it within 1.5 days. That enabled the City to schedule the appeal to the City Council for this evening. Nielsen noted a copy of Mr. Johnson's appeal was included in the meeting packet. Attorney Keane noted that per the City Code it was appropriate to reschedule the day when Mr. Johnson could appeal to Council. Keane explained the zoning violation notice date and the respective appeal date dictate the schedule. He noted that Mr. Johnson was fully aware that his appeal to Council was rescheduled for this evening. He explained Council can discuss continuing this to April 25, 2011, if Council wants to exercise an abundance of caution. Director Nielsen stated if Council has concerns about having changed the date this can be continued to April 25, 2011. There was ensuing discussion about changing the date of Mr. Johnson's opportunity to appeal to Council, and about the benefits of going through the administrative enforcement process. Attorney Keane asked Director Nielsen if, in accordance with the City Ordinance relating to administrative enforcement of Code regulations, the City can proceed with the administrative enforcement proceeding and continue the hearing on the notice of appeal. Councilmember Woodruff stated it's his understanding that under the City's administrative enforcement process it's the City's prerogative to start and stop that process at any point in time. Attorney Keane explained the City manages that process. Woodruff questioned if the City could notice Mr. Johnson that it's going to start the enforcement process but delay the start of it until after April 25, 2011. Director Nielsen stated the City can issue an administrative citation giving Mr. Johnson and Mr. Eastman until April 26, 2011, to comply with the City's zoning regulations. Woodruff moved, Zerby seconded, directing Staff to initiate the administrative enforcement process by issuing administrative citations to Ron Johnson and Jerry Eastman regarding the zoning violations on property located at 5490 Vine Hill Road, giving them until April 26, 2011, to comply with the zoning violation notices and continuing the hearing on the notice of appeal to April 25, 2011. Councilmember Zerby stated although he would prefer not to delay this he's more comfortable making sure a technicality will not interfere with resolving this to the City's satisfaction. He stated he thought that Mr. Johnson has taken matters between he and the City very personally. This is not personal from his or the other Councilmembers perspectives. He clarified it's the Council's responsibility to make sure residents concerns are heard and addressed appropriately. Motion passed 4/1 with Liz& dissenting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 8 of 14 Mayor Lizee explained the reason she opposed the motion is because the City needs to enforce the City Ordinance consistently and fairly throughout the City. Mr. Johnson is no different than any other resident and giving him the extra time to bring his property into compliance is special treatment. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS None. 11. OLD BUSINESS A. City Identification Signs Administrator Heck explained that during the 2011 budgeting process Councilmember Zerby expressed his desire to install City identity signs along Highway 7, where there aren't any, and replace the existing identity signs. The 2011 budget includes funding for seven identity signs. During that discussion Zerby suggested the signs display the 2010 census population results for the City. He asked if Council wants the population information on signs that could say Welcome to Shorewood. Councilmember Siakel stated she would support that. She then stated during the recent community visioning sessions there was discussion about branding. She asked how Council felt about putting "A South Lake Community" on the signs as well. Director Brown stated he thinks those types of signs can be tailored. Director Nielsen noted that the County Road 19 Corridor Study talks about having some type of South Lake identity on the bottom of identity signs. Councilmember Woodruff expressed concern that if the population number is put on the signs they will immediately be obsolete and will remain that way for 10 years. He recommended not putting the population information on the signs; he didn't think there is any benefit to doing that. He stated he is willing to discuss having the South Lake Community branding on the signs. Councilmember Zerby stated the reason he requested having population information on the signs last year is because it ties into the South Lake identity. He noted that the Cities of Excelsior, Minnetonka and Tonka Bay display population numbers on their identity signs. Population figures give people a perspective on a city's size. He stated there are people who think Shorewood is smaller than Excelsior. He stated population is important; it provides a sense of scale. He commented he could support putting a population range or more than a certain number on the signs so they aren't obsolete right away. He wants scale to be conveyed. Councilmember Hotvet stated she thought Welcome to Shorewood is nice. Mayor Lizee stated the City has to find out what the Minnesota Department of Transportation will allow on the signs. It also has to determine what is readable when going past them at 30 — 40 miles an hour and even faster on Highway 7. She stated the signs could say Welcome to Shorewood, the 2010 population is some number and A Southlake Community. She suggested Staff create some mockups the size of the signs allowable. Director Nielsen noted the City's boarders change back and forth a few times along Highway 7 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 9 of 14 Councilmember Siakel stated she is for simple yet effective signs. There was Council consensus to have Staff create some mockups of signs. Councilmember Woodruff stated it's not uncommon to have population figures displayed on a separate smaller sign and asked that there be a mockup for that also. B. Measurable Management Administrator Heck explained that during its March 14, 2011, meeting Council authorized Staff to move forward with Fritz Partners' Measurable Management Program. He noted Councilmember Siakel was not in attendance during that meeting. He stated Councilmembers Hotvet and Siakel have each had additional discussion with him about the Program and they requested this be brought back before Council for additional discussion and possibly reconsideration. Councilmember Hotvet stated she supports outcome based packages. She supports streamlining City operations and reducing costs. She commented there is a new normal now. She explained that after voting in support of moving forward with the Program for a cost of about $31,000 she had a change of heart. She was not comfortable with spending that much money on such a program at this time. She stated the outcomes of the Council and Staff retreat last month provided significant data and direction. She suggested time be taken to shape that information into some sort of substantial plan. She sensed there was a renewed energy at City Hall after the retreat. She stated she thought there are opportunities that haven't been explored yet and that there are new programming ideas. She then stated Staff was on the frontier of implementing a number of things and she wasn't comfortable adding something else to the list of things to do. She noted there is a desperate need to formulate a strategic plan. Councilmember Siakel expressed her appreciation for Administrator Heck bringing this back for discussion. She stated she wanted Council and Staff to make decisions based upon an agreed on strategic plan. She then stated she thought good steps were taken during the community visioning sessions with the three cities and during the Council and Staff retreat. She went on to state that from her vantage point Council and staff should take the ideas brought out during the sessions and implement one of them. Siakel clarified she was not saying no to the Measurable Management Program for ever; she just wasn't sure now is the right time. She stated the facilitator of the retreat did an excellent job. She also did an excellent job providing feedback on the retreat and identifying areas that could be considered first. She stated the feedback from Fritz Partners representatives (they facilitated the community visioning sessions) was about Measurable Management. She recommended taking the some of excellent ideas about strategic issues that came out of the retreat and implement them. She stated she wants to know what is expected to be achieved as a result of the Measurable Management Program before deciding to spend $31,000 on the program. She also wants to know how it relates back to strategic planning. Administrator Heck expressed appreciation with Councilmembers Hotvet and Siakel desire not to move forward too quickly with Measurable Management. He stated the City needs a methodology that will drive the City towards being a continuous improvement organization. A methodology that helps employees take a serious look at operations. A methodology that is focused on outcomes not outputs. He then stated there are a lot of operational redundancies in the City and among the Cities of Excelsior, Shorewood and Tonka Bay. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 10 of 14 Heck explained his rationale for recommending the Measurable Management Program. The public sector, the City, is very good at tracking statistics. The City needs to transition to an outcome based organization. The Measurable Management Program would help the staff implement outcome based measures that can be tracked over time. He commented there are certainly other types of programs that can help do the same things. He clarified there is a different between a strategic plan and the implementation of a strategic plan. The Measurable Management Program is below the level of a strategic plan. The Program would help staff achieve the goals and objectives identified in the plan. He stated there is more work to be done with the outcomes of the retreat. Council and staff have to have serious discussions about the priorities identified. lie stated it's imperative that there be full Council support for moving forward with any such program; without it a program will not be as successful. He recommended that at some point serious consideration be given to some type of continuous improvement program. Councilmember Zerby stated when he supported moving forward with the Measurable Management Program he did so for Administrator Heck. He is not aware of any other thing that Heck has put on the agenda three different times to talk about. He commented that if that doesn't covey how much he wants to move forward with something he's not sure what does. He hasn't observed that kind of commitment to other things. He noted that Heck deals with the staff and City operations on a daily basis; Council does not. He explained that Council's role is to support staff and Heck is the leader of the staff. Heck has conveyed that he thinks the program will help immensely help staff and his ability to manage staff. Because of Heck's strong support for moving forward with the Program he strongly supports doing so. Z,erby explained that because there is a money back guarantee on the Program there is no risk. Councilmember Hotvet stated before moving forward with some type of results focused program Council and staff need to decide what they want to accomplish. Once that goals and priorities have been identified efforts can focus on identifying how to measure if the goals and priorities are being achieved. She thought moving forward with the Measurable Management Program now is putting the cart before the horse. Councilmember Siakel noted that she would like to be supportive of Administrator Heck, noting she did support him on the community visioning sessions and the Council and staff retreat. She again clarified that she's not saying no to Measurable Management for ever. She stated she wants to follow through with something before going down that road. She again asked what it is people want to measure. Mayor Lizde stated during the March 14 "' Council meeting Council affirmed that it wanted the city to participate in the Measurable Management Program on a 4/0 vote. If there is a desire to reconsider that someone needs to make that motion. She then stated the Measurable Management Program isn't completed over night. Administrator Heck noted the Program takes 6 — 7 months. Liz6e stated during that time Council will be working with staff to refine the vision for the City and update the goals and priorities. The training with Measurable Management will provide staff with the tools needed to come up with solutions. She then stated participating in the Program will help with building a more cohesive staff for Heck and Council to work with. Hotvet moved, Woodruff seconded, reconsidering the motion authorizing Staff to move forward with Fritz Partners' Measurable Management Program. Councilmember Woodruff stated he voted in support of moving forward with the Measurable Management Program because of Administrator Heck's strong desire to do so. He noted he did so less than enthusiastically. He expressed his skepticism about a money back guarantee because it will be difficult to show there are tangible savings in some instances. He then stated he looks at the $31,000 cost as a sunk cost with the worst case being no recovery. He went on to state he earlier heard Heck talk about measuring how the organization works. He has not heard that in the three presentations from Fritz CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES March 28, 2011 Page 11 of 14 Partners. If that is one of the objectives he's not convinced it will be achieved through the Program. He did think an outcome of the Program would be a process that allows staff to brainstorm about how to do things more effectively and to implement and measure the results. That's different than determining how the organization should run and establishing metrics to measure that. Councilmember Siakel stated she thought she understood the Measurable Management Program to be about achieving operational efficiencies. To her that equates to paying $30,000 for $30,000 of savings. She stated if the outcome of the Program is better relationships with staff or better teamwork among staff she questioned if this is the best Program to achieve that. Administrator heck explained the Program addresses relationships, leadership, teamwork, communications, problem solving, operational efficiencies, outcomes and savings. It's a holistic type of program. Motion passed 3/2 with Lizde and Zerby dissenting. Mayor Lizde asked for a Council to support directing Staff to look into programs, including the Measurable Management Program, which would keep this idea moving forward. She would like the evaluation of programs to happen on an accelerated timeline and she asked for Council's backing on that. She stated time is of the essence. She noted the previous and current Council have talked about this. There is somewhat of a set timeline. The 2012 budget process will start in June and it will consume a lot of the staff s time. Councilmember Siakel stated that earlier in the meeting Council agreed to have a work session during which it would outline some of the City's strategic initiatives. She then stated there needs to be agreed upon goals. If the benefits from the Measurable Management Program help achieve a goal so be it. She stated she is a member of the Personnel Committee and the Committee has not met in 2011. She asked if there are other issues that need to be discussed and addressed. Administrator Heck stated he agrees with Councilmember Siakel's recommendation that Council needs to identify key priorities. Once that is done key metrics to measure the success in achieving them can be developed. He then stated he will continue to push staff to do that and he will continue to push continuous improvement. He noted there are other programs out there; the Measurable Management Program is one of the better fits. C. County Road 19 Trail Options This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated Council is reconsidering a resolution acknowledging that Shorewood wants Hennepin County and the Three Rivers Park District to continue to work on some kind of County Road 19 Trail. He noted he voted against this item during the March 14, 2011, Council meeting. He explained he will vote for it this time because the resolution as prepared isn't advocating the specific concept design plan be adopted. It's about having the Comity look at putting a trail along County Road 19 and he can support that. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -009 "A Resolution to Support the Recommendations of the County Road 19 Trail Concept Design Plan." Motion passed 510. D. League of Minnesota Cities Insurance Trust Sewer Back -up Coverage CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES March 2S, 201.1 Page 12 of 14 'This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated the document from Director DeJong about this item included in the meeting packet identifies three coverage and premium options for increasing sanitary sewer backup coverage. He stated it's unclear to him if the premiums are just for the additional coverage or is it the premium for all of the sewer backup coverage. Director DeJong explained the premium for sanitary sewer backup coverage is a percent of the full liability premium for the City. The cost is 8.5 percent of the full premium for $10,000 of sewer backup protection, it's 10.5 percent for $25,000 of protection, and it's 12.5 percent for $40,000 of protection. In order for the City to be covered for any sewer backups caused by a water main break the resolution in the meeting packet must be adopted. The resolution is based on the model resolution prepared by the League of Minnesota Cities Insurance Trust (LMCIT). He stated Staff recommends Council adopt the sewer backup coverage at the $25,000 level. He noted that it doesn't take much sewer backup damage to cause over $10,000 in repairs. Administrator Heck explained the City currently has sewer backup coverage caused by sewer main problems at the $10,000 level. The LMCIT has added coverage for backups caused by water main breaks. Councilmember Woodruff stated based on the information in the meeting packet it appears the additional cost to increase the coverage level to $25,000 from $10,000 is $755 per year. He asked if that is correct to which Director DeJong responded it is. Woodruff then stated the meeting packet contains a letter from the LMCIT Administrator and Associate Administrator talking about 2009 — 2010 coverage changes. Under the item Incentive Programs /Future Changes in Coverage for Sanitary Sewer Backups it states "Beginning November 15, 2010, a mandatory minimum deductible will apply to all liability claims for sanitary sewer backups unless the city meets specified standards for its sewer operation.. ". He asked if the City is in compliance with the standards. Administrator Heck responded the City is in compliance. Director DeJong explained what the LMCIT is talking about is mandatory, regular inspections and correcting issues found within the sewer line. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -010 "A Resolution Establishing Limited Clean -Up and Property Damage Protection for Sewer Back -Ups and Water Main Breaks for Water and Sewer Customers" which also includes increasing the sanitary sewer backup coverage to a level of $25,000, and authorizing the additional funding of $755 for the additional coverage. Motion passed 510. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated he and Councilmember Hotvet attended a joint legislative conference on March 24, 2011, sponsored by the League of Minnesota Cities (LMC), Association of Counties, Minnesota School Boards Association, and Minnesota Association of Townships. He noted they spoke with both of the City's legislative representatives. He stated the Metro Cities annual meeting is scheduled for April 14, 2011, noting that Governor Dayton will be the guest speaker. He encouraged the Councilmembers to attend. Councilmember Woodruff stated he plans on attending the meeting and noted there will be a vote for officers. Mayor Liz&e and Councilmember Hotvet stated they may attend it also. Heck stated he will make sure that meeting is posted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 13 of 14 Director Nielsen stated the Trail Committee meeting that was being planed for April has been moved to Monday, May 2 He then stated the joint Council, Park Commission and Planning Commission meeting is scheduled for May 3rd Director Brown stated on March 23` Excelsior Fire District Chief Gerber and South Lake Minnetonka Police Department Chief / Emergency Management Director Litsey hosted a training session with the Hennepin County on a software product called WebEOC. WebEOC is a web based crisis information management system. The product is available for use at no cost by every community in the County. He noted he is very impressed with WebEOC. B. Mayor and City Council Councilmember Siakel stated she has been serving as the City's interim representative to the Lake Minnetonka Conservation District (LMCD) Board the past few months. She reported on more recent LMCD Board activities. She stated the LMCD Board's major focus has centered on the Woodland Development near Halstead Bay. The Board voted to approve 117 dock slips. Forty of the slips are tied to the Homeowners Association; there was healthy debate about what that should like that. She commented that she thought there would be other homeowners associations around Lake Minnetonka seeking creating planning from the LMCD. The LMCD is watching the level of Lake Minnetonka along with the Minnehaha Creek Watershed District (MCWD). The Lake is at the high water mark which is 930.02 feet. The damn in Grays Bay is being bubbled so water can flow through. Siakel then stated she has attended some MCWD meetings. During one meeting the MCWD brought in people who were awarded grants for pilot projects. A professor from the University of Minnesota spoke at on of the meetings about the types of things that grow on green roofs. She noted that the City of Minneapolis leads the way with green roofs. She suggested green roofs be discussed with regard to a potential coordinated redevelopment of Smithtown Crossing. She stated the City of Burnsville conducted a five -year pilot project with rain gardens and its city engineer spoke about the project at one of the meetings. She explained the first couple of years the gardens were very effective. Over time the sediment builds up in the catch basin so they designed the gardens to make it easier to clean the sediment out. Siakel went on to state that she personally is concerned that the focus of aquatic invasive species (AIS) related activities are about stopping AIS from leaving Lake Minnetonka. There needs to also be a focus on keeping new forms AIS from entering the Lake. The additional funding from the State for AIS mitigation does not mean that any of it will be directed toward the Lake. AIS needs to be managed in the Lake and Council needs to help secure funding to help prevent new forms of AIS from entering the Lake as well as to help mitigate the impacts of the AIS currently in the Lake. She noted there is a list of about 38 other forms of AIS that could be a potential threat. Councilmember Zerby stated he attended the Excelsior Fire District (ETD) Board meeting held on March 23` The ETD's auditor gave a report on the EFD's 2010 audit and the Board accepted the audit. ETD Chief Gerber gave a 2010 Year -In- Review presentation. The Board approved a change to the ETD's Employee Handbook regarding funeral leave for the paid -on -call firefighters. Gerber briefly discussed the ETD's 2012 operating budget. Gerber's proposed budget reflects a 1.2 percent increase over the 2011 budget. Because EFD fund balances have been used the past two years to help reduce the municipal contributions and because that will not happen in 2012 the increase in the municipal contributions will be about 6 percent. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2011 Page 14 of 14 Mayor Lizee stated she received a hardcopy of the Hennepin County Sheriff s Office 2010 Annual Report. She will leave that at City Hall. She noted there is a lot of interesting information in the Report. Lizee noted the Friends of the Excelsior Library is holding its annual spring book sale on April 9, 2011, at Mount Calvary Church. i�j1111Z1610Rel Siakel moved, Hotvet seconded, Adjourning the City Council Regular Meeting of March 28, 2011, at 8:55 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Lizee, Mayor