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06-27-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 27, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Liz6e called the meeting to order at 7:12 P.M. A. Roll Call Present. Mayor LizBe; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director De7ong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None, B. Review Agenda Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, June 13, 2011 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of June 13, 2011, as presented. Motion passed 5/0. B. City Council Executive Session Minutes, June 13, 2011 Woodruff moved, Siakel seconded, Approving the City Council Executive Session Minutes of June 13, 2011, as presented. Motion passed 510. C. City Council Regular Meeting Minutes, June 13, 2011 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of June 13, 2011, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz& reviewed the items on the Consent Agenda. Zerby moved, 11mvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 2 of 15 B. Adopting R ESOLUTION NO. II -034 "A Resolution Accepting Bid and Awarding Contract for the Murray Hill Road Storm Sewer Improvement, City Project No. 10- 11. ,, C. Adopting RESOLUTION NO. 11 -035 "A Resolution Accepting Bid and Awarding Contract for the 2011 Bituminous Mill, Overlays and Appurtenant Work for Afton Road, Christopher Road, Fatima Place, Ivy Lane and Rustic Way, City Project No. 11 -08." D. RESOLUTION NO. 11 -036 "A Resolution Approving an Amendment to the Planning Unit Development Agreement for Shorewood Ponds P.U.D." Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. CenterPoint Energy Community Grant Presentation by Mark Spanton Mark Spanton, a senior sales consultant with CenterPoint Energy, presented the City of Shorewood with a check in the amount of $740 as a grant from the CenterPoint Energy's Community Partnership Grant Program to help purchase a defibrillator. Mayor Liz& thanked Mr. Spanton and CenterPoint Energy on behalf of the City. B. Ken Hendrickson, Board Representative, Lake Minnetonka Communications Commission Mayor Liz& stated Ken Hendrickson, the City's Representative on the Lake Minnetonka Communications Commission (LMCC), is present to give an update on LMCC activities. Mr. Hendrickson stated the LMCC Operations Manager Jim Lundberg is working on implementing technology that will provide the capability for agenda parsing for LMCC member cities' meetings. Mr. Hendrickson then stated that during its June 13, 2011, meeting Council discussed the potential L,MCC's fiber to the premise (FTTP) initiative (tonkaeonned""). He noted he has spoken with both Councihnembers Woodruff and Zerby about the discussion. He explained Council passed a motion stating the City does not support the LMCC spending any more money on its tonkaconnect project. Per the attorney for the LMCC the work done to date on the tonkaeonnect project and the work to study the possible financing options for the project is within the LMCC's mission as are alternative studies. Work beyond the financing study may or may not be part of the mission. He noted that at this point no more work on FTTP has been approved. He stated he was not sure if a possible financing study will be CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 3 of 15 approved, but he thought a full commission vote is required to approve that and he thought the vote will be taken during the next full LMCC Commission meeting which will be held on August 16, 2011. Mr. Hendrickson explained the City of Shorewood is the only one of the seventeen LMCC member cities that to date has expressed a formal opinion on the tonkaeonnect project. He has circulated copies of draft minutes of the Council's June 13 "' discussion about the project and the motion that was passed to the LMCC Executive Committee and he informed the Committee that he would be voting in a manner consistent with the motion. He noted that part of the LMCC's mission is to look at alternatives to the LMCC's existing system. Doing so is particularly pertinent at this time because the LMCC's franchise agreement with Mediacom is up in a few years. He stated LMCC Executive Director Koenecke has asked him to relate that the results from the FTTP market survey indicate residents in the LMCC community do want competition for Mediacom and that they do not object to the government providing such a service. Mr. Hendrickson then explained the LMCC's 2011 revenue budget last year was approximately $630,000. For 2012 revenues will probably increase to $645,000 — $650,000. The 2011 expense budget was approximately $630,000 and the 2012 expense budget is anticipated to be $660,000 with part of the increase being salary increases which will go up about three percent on average. In 2011 approximately $10,000 was spent on the redesign of the LMCC's website and approximately $7,000 was spent for the audit conducted of the franchise fees the LMCC had collected. The audit proved to be worthwhile because as a result it revealed that Mediacom had underpaid the LMCC $128,260. The LMCC received a check for that amount in 2011 from Mediacom. Agenda parsing is a major item in 2012 and another franchise fee audit will be conducted. The carpet in the LMCC building is in need of replacement. Approximately $20,000 will be spent on legal fees for the franchise fee renewal. Studio lighting needs to be upgraded. With regard to the reserve fund, there was a balance of approximately $400,000 at the beginning of 2011 and it's anticipated to be approximately $400,000 at the beginning of 2012. There is a contingency in the reserve fund to cover unanticipated expenses. The $128,260 received from Mediacom should cover the shortfall for special expenses. Mayor Liz& thanked Mr. Hendrickson for the update PARKS Park Commissioner Edmondson reported on matters considered and actions taken at the June 14, 2011, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Woodruff stated one of the premises for renovating the shelter in Manor Park was if that happened Minnetonka Communication Education (MCE) would hold some programs at the shelter. He asked if NICE is doing that this year. Commissioner Ednonson stated he believes that is happening. A. Terrence Haines, Eagle Scout Project and Funding Request Mayor Liz& stated Terrence Haines, an Eagle Scout candidate, is present this evening. She explained that Mr. Haines has proposed a project to improve the property near the Southshore Community Center (SSCC). Council discussed the proposed project during its May 9, 2011, meeting and May 23, 2011, meeting and it asked Mr. Haines to come back this evening. She noted that Mr. Haines had spoken to the American Legion, the Greenwood City Council, and the South Lake — Excelsior Chamber of Commerce about funding for the project. She asked Mr. Haines to provide Council with an update. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 4 of 15 Mr. Haines explained the City of Deephaven has agreed to donate $750 toward the project. He asked Staff if he can use Roundup to help kill buckthorn in the project area; how he should dispose of the buckthorn that is removed; how to get rid of the poison ivy in the area; and, how to get rid of the dead big oak tree. Director Brown stated the City will contract with someone to remove the oak tree. It will take a boom truck and special equipment to do that because of the topography. The poison ivy will be treated by a licensed contractor who does noxious weed spraying for the City. If the buckthorn that is removed is brought up to an area that is accessible and stacked the City will haul it away. Mayor Lizde noted Mr. Haines went before the Park Commission during its June 14 meeting to discuss his project and potential funding for it. The project fits in with the Park Capital Improvement Program and the Commission is supportive of the project because it will make the area more attractive. Councilmember Siakel stated she had reached out to Mr. Haines and his mother and that she is very supportive of this project. She thanked the Park Commission for recommending financial support for the project. She asked that a project plan for this project be developed and she suggested breaking it down into phases. She stated the first phase would be the removal of the oak tree and buckthorn. The next phase would be building the steps. She wanted the City's responsibilities to be clearly laid out along with the timeline for completing them. She stated it's her understanding that Mr. Haines and his team will remove the buckthorn and haul it up the hill. She asked what other things need to be done in phase one of the project. Mr. Haines stated there needs to be a wood chipper provided. Siakel also asked that a project plan for this phase be provided to Council during its next meeting. Mr. Haines reviewed a relatively detailed plan for when tasks would be done. Councilmember Hotvet suggested a work agreement be created between the City and Mr. Haines for this project which clearly lays out expectations for both parties. She stated if the City is going to be asked to fund similar projects in the future she suggested the City establish some type of grant program in the future. Councilmember Siakel asked when removal of the oak tree and buckthorn can be completed by and when the preparation for the path can be completed by. She then asked if Council can authorize payment of the wood chipper this evening. Director Brown stated contractors are very interested in working with the City to remove dead trees so he doesn't think there will be any problem with meeting Mr. Haines' schedule. Brown then stated Mr. Haines' project team will be removing the buckthorn and that is a very labor intensive task, noting hauling it away is a very simple thing to do. Councilmember Woodruff stated the staff memorandum for this item recommends the City donate $1,500 toward the project. He asked what that amount is based on. Administrator Heck stated it's based on the Park Commission's recommendation. He then stated it's his recollection that Council agreed to match funding of other donations made. Mr. Haines stated he has been pledged donations from the American Legion, the Chamber, the City of Deephaven, the City of Greenwood, and H &B Elevators, Inc. Councilmember Zerby asked what the total amount of those pledges is. Heck stated Staff will gather that information and it could be included in the work agreement. The work agreement will specify what the City will provide in resources as well as what Mr. Haines' project team will provide. Councilmember Woodruff stated he would like this project is move forward without there being any more hurdles for Mr. Haines to jump through. He did want to make sure things were coordinated with City staff. He noted that based on Mr. Haines' schedule it appears he needs funding to move forward before the next Council meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 5 of 15 Councilmember Siakel reiterated she thought the project should be broken into phases with the first step being removing the oak tree and buckthorn and preparing the pathway. She stated she thought Mr. Haines had enough money to do that. Councihmember Zerby asked Mr. Haines how much money he needs before Council's July I 1 °i meeting. Mr. Haines stated he does not know what the wood will cost. The benches will be made out of oak and oak is expensive. Mr. Haines' mother stated he has enough money to do the stone steps but it's in the scout's account and he has no access to that until he gets a check from the scouts' treasurer. Be does not have enough money to do the wood steps or to hire the person to chip the wood. It would be nice for Mr. Haines to get the money sooner versus later so he can get his project done and get his report complete before the school year starts. Zerby moved, Woodruff seconded, authorizing an initial contribution of $500 toward Terrence Haines' Eagle Scout Project with the remaining contribution of $1,000 being contingent upon completion of a work agreement between the City and Mr. Haines. Motion passed 510. 8. PLANNING No report was given because there had not been a Planning Commission meeting since the last council meeting. The next meeting is scheduled for July 19, 2011. A. Thomas Hayes — Conditional Use Permit Location: 21135 Christmas Lane Director Nielsen explained that Thomas and Sheila Hayes are building a new home at 21135 Christmas Lane. As part of that they have an attached garage. When the attached garage square feet of area is combined with the existing barn area the total area accessory space on the site is over 1,200 square feet. Therefore, the Hayes' need a conditional use permit (C.U.P.) for that. The existing barn is nonconforming; it's taller than what is allowed for a detached accessory structure. The Hayes applied for the C.U.P. under the historic preservation section of the City Code to keep the barn in its current condition. Nielsen then explained the subject property is located in the R -IA/S, Single - Family Residential/Shoreland zoning district. The property is nearly two acres in size; it contains 82,623 square feet of area. The home will be 2,356 square feet of area on the main level. The new garage is 804 square feet of area. The existing barn has 480 square feet of area on each of two levels. The total accessory space square feet of area is 1764. The total percentage of hardcover on the property will be 11.9 percent; well below the 25 percent upper limit. Nielsen reviewed how the Hayes' request complies with the four criteria that must be met for accessory space C.U.P.s. The total area of accessory space does not exceed the floor area above grade of the new house; it's well under that. The accessory space does not exceed 10 percent of the minimum lot size for the R -1 A/S zoning district (4,000 square feet). With regard to historic preservation, the Hayes submitted aerial photographs dating back to 1937 showing the barn on the property. The Hayes had an expert weigh in on the historic and cultural value of the barn. The Hayes plan to replace some windows on the barn with ones that are more representative of era of when the barn was built. The barn is not out of character with the style of the new home. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 6 of 15 Nielsen stated the Planning Commission recommended in favor of the C.U.P. He noted that he will probably use the material the Hayes submitted as a model for future applications under the historic preservation section. Thomas Hayes stated he and his wife will be good stewards of the barn and the rest of their property. Councilmember Woodruff stated the staff report for this request states the barn had not been inspected by the City Building Official at the time the report was written. Director Nielsen noted the barn will be inspected. Mayor Liz& expressed her appreciation to the Hayes for providing all of the information that they did. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 11 -037 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Thomas and Sheila Hayes, 21135 Christmas Lane." Motion passed 510. B. Minnesota GreenStep Cities Program Director Nielsen stated the Planning Commission, at Staff's suggestion, has recommended Council adopt the resolution supporting the City's participation in the Minnesota GreenStep Cities Program, The Program would be a good tool to use for addressing sustainability. The Commission has reviewed the 28 best practices included in the Program and determined the City has already done or is in the process of doing many of them. Councilmember Hotvet stated she appreciated that the GreenStep Cities Program Coordinator responsibilities were defined. Councilmember Zerby stated this is a great step in the right direction and that it's nice to have a template that is so well thought out. He then stated that it's appropriate for Director Nielsen to be the Coordinator. Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 11 -038 "A Resolution of Support for the City of Shorewood's Participation in the Minnesota GreenStep Cities Program." Motion passed 510. 9. ENGINEERING /PUBLIC WORKS A. Authorized Expenditure of Funds for Public Works Equipment — Loader Director Brown stated the City owns a 1995 Wheel Loader /Tool Carrier. He explained the City's loader, a critical piece of equipment for the Public Works Department, stopped working few weeks ago. The most recent cost estimate to make basic repairs is $25,437.69. He stated Staff believes the loader has met its life expectancy at 16 years of age so it chose not to proceed with the basic repairs. He explained the City is a member of the Cooperative Purchasing Venture (CPV) with the State of Minnesota. This allows the City to take advantage of the State's competitive bidding process. Large volume pricing gives the City a discount. A unit cost for a new loader, after factoring in a trade value of $15,000, is $143,950.95 including sates tax. The 5 -year Capital Improvement Program has $191,000 programmed for the replacement of the loader in 2014. Brown noted the City of Excelsior anticipates a loader to have a life expectancy of 15 years; the City of Minnetrista anticipates a loader to have a life expectancy of 10 years; and the City of Mound anticipates a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 7 of 15 loader to have a life expectancy of 12 — 14 years. The life expectancy for the City of Chanhassen varies. He also noted that Staff tried to push out the life expectancy of the loader to 20 years. Brown stated Staff is asking Council to approve the purchase of a One Wheel Loader as specified. Councilmember Zerby stated he appreciates that Director Brown estimated the life expectancy to be 20 years. And he appreciates even more that the Public Works Department has gotten as much value out of the current loader as it has. Zerby moved, Woodruff seconded, authorizing the purchase on a One Wheel Loader in 2011 at a cost not to exceed $143,950.95. Councilmember Woodruff stated the documentation on this in the Staff report lists the issues with the current loader. He asked what actually failed on the loader that makes it unusable. Director Brown responded what initially broke was the hydraulic breaking system. Brown explained that led to the vendor tearing down the machine and finding many issues. The load bearing components of the machine were worn out. Woodruff stated it appears the machine reached the end of its useful life. Motion passed 5/0. 10. GENERAL /NEW BUSINESS A. Christmas Lake Boat Launch Mayor Lizde stated the policy question before Council this evening is whether or not the City should support creating a controlled access at the Christmas Lake public boat launch to prevent the spread of aquatic invasive species (AIS), in particular zebra mussels, from coming into Christmas Lake. The spread of AIS has been discussed for years. She noted Joe Shneider, President of the Christmas Lake Homeowners Association (HOA) and a Chanhassen resident, is present this evening to give a presentation of the AIS project. About 10 percent of Christmas Lake frontage is located in Chanhassen. She also noted that Eric Everson, Minnehaha Creek Watershed District (MCWD) Administrator, is also present and he is a partner in this proposed effort. Mr. Shneider explained the City owns the land the Christmas Lake boat launch is on and the City operates the launch site. It's been doing that consistent with a 1986 agreement that was entered into by the City, the Minnesota Department of Natural Resources (DNR), the Christmas Lake HOA, and the then owner of the property Robert Fayfield. Mr. Shredder recognized the leadership support of Mayor Lizde and Mr. Evenson. Mr. Shneider stated there are other members of the Lake Action Alliance which was recently formed. It represents homeowners and clear water organizations from Lake Minnewashta and Lotus Lake as well as Christmas Lake. He noted that he is the spokesperson for the Alliance. He stated the Alliance is trying to bring visibility to the issue and to come up with a new model for preventing the spread of AIS. The Christmas Lake HOA Board has been acting aggressively on this issue. That Board wants to leave Christmas Lake in quality condition. Mr. Shneider explained there are many organizations involved in the pilot AIS prevention project. The organizations have slightly different objectives. But, one of them is the same for all; it's stopping the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 8 of 15 spread of AIS. Not all of the organizations are on board to the same degree. The City's support will be critical for the project. Mr. Shneider reviewed the objectives for the pilot project which included: Prevent or at worst simply delay future infestations of AIS in Christmas Lake, Lake Minnewashta and Lotus Lake, with particular focus on zebra mussels. To avoid high impacts to recreation and cost impacts experienced with Eurasian Watermilfoil and other AIS. To test a number of approaches to help find a best practice solution for stopping the spread of AIS so that when a new breed of AIS comes along there is a methodology in place for stopping the spread. And, to help all invested groups understand the practicality of the AIS prevention approaches used. The goal is to have the pilot project completed this summer and to have it in place for about six weeks. Mr. Shneider explained the project includes having a central inspection facility at Lake Minnewashta Regional Park. There will be unattended but gated access at Christmas Lake and Lotus Lake. He noted that the locations are within a few miles of Lake Minnetonka which the DNR has declared as infested with zebra mussels. Mr. Shneider stated that until there is a guarantee that each boater follows the laws; education and inspections are the only ways to prevent the spread of AIS into uninfected waters. Doing inspections at each lake access is costly; 1,700 hours of available launch hours during summer months at $15/hour costs $25,500 at each of the three launch sites. There is insufficient funding available to do inspections at each lake access. Residents, the MCWD and the DNR are willing to fund some of the cost but city, county and state funds are extremely limited. Centralizing inspections and having gated access to the lakes is the only thing that makes any sense. If the funding is pooled from the various funding sources there should be enough money to staff a common inspection site and do it right, and to put in the two gates and do it right. Mr. Shneider reviewed the key elements of the project. There will be a centralized inspection location at Lake Minnewashta Regional Park which will be staffed by DNR trained inspectors. At Lotus Lake there are over 60 DNR trained volunteer inspectors. Communication for the community is critical. The MCWD staff has been helping with that. Ile noted the pilot project will need some tweaking along the way. Mr. Shneider then reviewed how the process will work for day -use boatel. Boaters using the launch ramps must have their boats inspected each day for access to the pilot lakes. The inspection will be completed at the central inspection location by DNR trained inspectors following DNR procedures. Boats passing inspection will post an inspection sheet on the dashboard of tow vehicle for the duration of a lake visit as proof of inspection. Christmas Lake and Lotus Lake boaters passing inspection will receive a code to launch their inspected boats appropriately. The code can be used multiple times in a day. Lake Minnewashta boaters will proceed to launch within the park. There will be card key access for emergency medical personnel, law enforcement, fire department personnel, sanitation and maintenance workers and so forth. Mr. Shneider explained the process will basically work the same for Lakeshore homeowners as it will for day -use visitors that access the launch ramp to put their boats into the water. Part of the project includes exploring options that would cover most special situations unique to "home lake" boaters. Special situations could include boats taken off-site for maintenance, boats removed for maintenance at the landing, boats put in before the start up of the inspection process and so forth. There will likely be lake "stewards" who would be "anointed" for access overrides for special circumstances for home lake boats. He displayed a graphic showing the proposed traffic flow and physical access controls at the Christmas Lake boat launch. He noted there is a need for directional signs and stripping on the pavement. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 9 of 15 Mr. Shneider reviewed the potential funding and funding sources for the Christmas Lake access control. It will cost up to $20,000 (this is a non- negotiated initial quote). Funding will come from the MCWD and be supplemented by the Christmas Lake HOA. The cost for purchase and installing of traffic control signage, parking lot stripping and the installation of electricity for the control is anticipated to cost $250 — $1,000 and the request is for the City to provide this funding. Staffing inspection costs at the Lake Minnewashta Regional Park central inspection location are anticipated to be up to $10,500 from July 25`' to September 6` Funding will come from the MCWD, the Christmas Lake HOA, the Lake Minnewashta Preservation Association, the Lotus Lake Clean Water Organization, and DNR inspection grants. Lotus Lake volunteers will provide additional inspection help for high volume time slots. Communications will be handled through the MCWD. The control access for Lotus Lake is anticipated to cost up to $16,000 with the funding hopefully corning from the Riley-Purgatory-Bluff-Creek Watershed District (RPBCWD). Site improvements at that site will hopefully be funded by the City of Chanhassen. Mr. Shneider asked the City to express its support for the pilot project, authorize the installation of the access control gate at the Christmas Lake boat launch, provide access to electricity for the gate, and provide directional signage and parking lot striping. Mayor Liz6e thanked all of those in the audience for coming this evening. She stated a week ago there was a meeting with staff from the City, the City of Chanhassen, the MCWD, the RPBCWD, the DN'R, various other organizations and residents to discuss the pilot project. She applauded the effort that has been expended by the citizens to date on this project. She stated one of the questions raised during that meeting was if there is the legal authority to install a control access gate at the Christmas Lake boat launch. The question was not answered. She asked Attorney Keane to comment on that, noting that Keane has spoken with Lewis Smith from the MCWD. Attorney Keane stated he would like to know what comments DNR representatives had to offer during the meeting last week about management and logistics. Mayor Lizee stated she didn't recall anything definite being stated. Administrator Heck stated it's his recollection there wasn't any one present from the DNR who was working with the cities on the landings. Heck then stated the City of Chanhassen received an email from the DNR stating it preferred not to have the public accesses gated. Mr. Shneider stated the DNR does have lakes with controls on them. Lake Minnewashta Regional Park has controls on it. He then stated the consistent answer he and others have received back from the DNR is the owner and operator of the property has the ability to do what it needs to do. He noted that the DNR in principal doesn't like anything that gets in the way of free and unfettered access to lakes. He stated the question is whether or not the DNR wants to support stopping the spread of AIS through more than just education. Attorney Keane stated ultimately the DNR is going to be the decider of first and last resort. The DNR has the authority to delegate inspections to local units of government. The City and the MCWD are local units of government; the lake associations are not. The City has an agreement with the DNR. He recommended that people start with Metro Region Waters and describe the initiative and the various associations, and that the local units of governments that are willing to assist and participate in funding and executing the plan. But, there needs to be an amended agreement which could be limited to a pilot program. The premise of the DNR is that it promotes access to public waters. Attorney Keane then stated that during his conversation with Mr. Smith, a water law expert with the MCWD, Mr. Smith related there is a growing recognition by the DNR that the control of AIS is a challenge for the DNR and local units of government, and that organizations will have to think about doing things regarding access to lakes in ways they would not have considered in the past. The focus is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Pane 10 of 15 now about transferring AIS between bodies of water. The DNR does understand that informational programs alone have not been successful in stopping the spread of AIS. He also related that Mr. Lewis indicated the DNR may be a receptive audience and suggested a conversation with the DNR be initiated immediately. Keane stated the City needs to be involved in those discussions from the beginning. Mr. Shneider stated discussions with the DNR have already begun. He commented that if the state government shuts down on .July 1" there will not be an opportunity for a pilot program this summer. He noted that Mr. Evenson has had a number of conversations with the DNR, and that there is an AIS stakeholder meeting scheduled with the DNR on June 30"'. He stated based on what's happened to date he doesn't anticipate any speedy resolution with the DNR. Attorney Keane stated the City does not have the authority to act unilaterally. The authority rests with the DNR. There is an existing agreement in place between the City and the DNR. The delegation of further authority from to the City to implement access control and inspection would have to come from the DNR. Mr. Shneider stated the 1986 agreement talks about the operation of the Christmas Lake boat launch being the City's with the most important parts being how many parking spots there are for vehicles and trailers and the hours of operation. Keane stated his reading of 103G is program inspections may be delegated by the DNR to local units of government and that's what's being discussed. Mr. Shneider stated it sounds as if Attorney Keane has moved from installing a control access gate to a program of inspections. The program of inspections from a DNR funding perspective is being run through the MCWD using DNR trained inspectors. Mayor LizFe asked if it's the proposed control access gate that is the issue for the DNR because it believes it would impede access to Christmas Lake. She stated she thought the inspection part of the pilot program was not an issue. Attorney Keane stated an inspection by definition is an impairment of that access to state waters. The DNR has written into state law that inspection programs may be delegated by agreement to local units of government. He interprets that to mean the City doesn't do that unilaterally. Mr. Shneider stated the City is not going to be driving the inspections. Attorney Keane asked Mr. Shneider if the City of Chanhassen has weighed in on the subject with regard to Lotus Lake. Mr. Shneider explained the Mayor of Chanhassen is not excited about installing an access control gate at Lotus Lake; he would like to see another approach used. Chanhassen is not driving the central inspection portion of the pilot project at Lake Minnewashta Regional Park. The AIS stakeholder group is working with the Lake Minnewashta Preservation Association, a group of homeowners, and that Association has grants from the DNR and the DNR will be doing the inspections at Lake Minnewashta. He stated there is no delegation from his perspective. Councilmember Zerby stated the new AIS state law gives a conservation officer or a licensed peace officer the right to prevent a boat from entering state waters if there is a refusal for inspection or if there watercraft or trailer have AIS on them. Also, service providers can apply for permission to have similar authority. Attorney Keane invited Mr. Evenson to join this conversation because of his experience with infested waters. Councilmember Siakel applauded the efforts of the lakefront property owners in being action oriented. She commented that she has lived next to Lake Minnetonka for close to 30 years. She expressed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 11 of 15 disappointment that more hasn't been done to mitigate Eurasian Watermilfoil and to stop the infestation of zebra mussels. She expressed concern about other species of AIS that could also infest the Lake. She stated she thought people need to totally rethink the way lakes and natural resources are used. She also stated the Lake Minnetonka Conservation District (LMCD) Board has had conversations about how the boat launches on the Lake are used. The LMCD supported the new AIS legislation. She indicated she thought the AIS stakeholders group could become a little more active with the LMCD. She recommended there be a coordinated voice that engages the state senators and state representatives to convey the concerns and requests of the residents. With regard to the boat launch at Christmas Lake, the City provided resources to put in the parking lot and the boat launch; it has jurisdiction over that. She related the DNR has told her that the money to do that came from the state and federal government. Because of that it may not be possible to control access because of where the money came from. She stated she supports a pilot project yet she wants to be sure there is the legal recourse to do what's proposed. Mr. Evenson also applauded the efforts of the Christmas Lake HOA, the Lake Minnewashta Preservation Association, the Lotus Lake FICA and in particular Mr. Shneider' efforts. He stated that too often government bodies tend not to take advantage of the skill levels of people outside of government. He commented that he had attended a Christmas Lake FICA meeting and during that meeting he felt like he was an intern at a Fortune 500 company. Being able to take advantage of the HOA's willingness to move the pilot project forward is a great opportunity for the community. Mr. Evenson cited an issue the City took on some time ago; the project was about controlling the sale of phosphorous fertilizer. He stated it's his believe that the Christmas Lake FICA is looking for similar leadership from the City regard stopping the spread of AIS. He commented laws are made by men and men can change laws. Contracts are written by men and men can change contracts. He stated if some action is not taken on this proposed pilot project soon the opportunity for doing it this summer will be lost. He then stated he wanted to have the opportunity and he wanted his nephews and nieces to have the opportunity to walk on the sand beaches on local lakes barefoot. Ile also stated he applauded the LMCD for bringing the issue of AIS to the forefront. He went on to state that he failed as an administrator in his job and as a public servant because he did not get the AIS issue before the MCWD Board until a few years ago. Mr. Evenson stated this evening it's his understanding that the lake associations are looking for acknowledgement of support from the City. Something needs to be done and it needs to be done now about stopping the spread of AIS. He explained that early in the year when conversations first came up with the DNR about controlled access the DNR's position was absolutely no. The DNR's position has softened. The DNR may entertain doing that if people wanting to access the lake won't be significantly impeded. He noted Christmas Lake is the highest quality lake in the MCWD's jurisdiction, and potentially in the entire metropolitan area. He stated if something isn't done to protect that lake we've failed. Mayor Lizee stated this evening Council has the opportunity to voice its support for this pilot project. If Council can agree to support the idea of a control access gate at the Christmas Lake boat launch then the DNR needs to be contacted tomorrow to ask how to make that happen. The willing parties have stepped up to the plate. Inspectors have been trained by the DNR. Councilmember Hotvet stated she grew up next to Lake Minnetonka. She then stated she sees this effort as a David and Goliath uprising. The government failed to listen before when people expressed concern about the possible infestation of Lake Minnetonka and other lakes. Government agencies need to be shocked into changing their way of thinking; Minnesota nice is not working in this instance. She thanked Mr. Shneider for his presentation and she thanked all parties involved for their efforts to date. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 12 of 15 Councilmember Siakel stated she thought there would be other groups wanting to express a vote of opposition for the pilot project. For example, the fishing lobbyists are very powerful voice in this state. She asked if possible obstacles should be discussed, if they haven't already. Councilmember Woodruff stated the LMCD has repeatedly discussed controlling the spread of AIS with other agencies. The LMCD discussed controlling access a number of times over the last few years. The response from various levels in the DNR was always that couldn't be allowed on public waters in the State. He expressed he thought the pilot project is a great idea. But, Council may not have the authority to decide to have controlled access at the Christmas Lake boat launch. He expressed concern that the DNR may overrule a Council decision to that. He stated the DNR is changing its position, but that took a couple of years. He clarified he is not advocating waiting a couple of years to do this pilot project. He stated from his vantage point he does not think the approach should be to decide to do the project and then tell the DNR what's going to happen. Councilmember Zerby stated he does think this effort needs to start at the grass roots. The City and this Council needs to take a leadership position. He expressed his support for the project. He stated he thought the control access gate solution proposed could be simplified some. There could potentially be a single gate for both the entrance and exit points. He then stated he thought the idea of having one inspection location for the three lakes is a great idea. Councilmember Siakel asked if Council is being asked to simply express its support for the pilot project. Mayor Liz6c stated Council needs to express its support for the project to move this along. Mayor Lizee stated during the meeting held last week the concerns about angry fisherman and people who bought bait were raised. She then stated if people wait for every question to be answered future generations will be still be talking about this. She suggested this is the time for Council to take action. She stated those involved in this effort to date have shown a lot of leadership and have gotten different groups to collaborate. She suggested this evening Council show its support for the pilot project and the installation of the control access gate at the Christmas Lake boat launch, and agree to provide the funding for access to electricity, directional signs and parking lot striping. Councilmember Siakel asked if the City has the authority to install the access control gate. Mayor Lizee recommended the City /Council make the first move. If support is agreed to this evening then the DNR can be contacted tomorrow. Lizee asked for a motion of support for the pilot project, the installation of the gates and authorizing City support as needed. Zerby moved, Hotvet seconded, expressing support for the proposed pilot project to prevent the infestation of AIS in Christmas Lake, Lotus Lake and Lake Minnewashta; the installation of a control access gate at the Christmas Lake boat launch, and providing City support as needed for controlling access to Christmas Lake. Councilmember Woodruff stated the motion doesn't include authorizing funding for portions of the project. Mayor Liz& stated Council discussed providing the electrical service, the directional signs and striping the parking lot. Without objection from the seconder the maker amended it to include authorizing the expenditure of funds up to $1,000 for providing electrical service, purchasing and installing directional signs, and striping the parking lot. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 13 of 15 Mayor Lizee recessed the meeting at 9:1.0 P.M. Mayor Lizee reconvened the meeting at 9:17 P.M. B. Water Connection Fee Administrator Heck stated Council has discussed the City's water connection fee several times during his tenure with the City. He noted the fee is not an assessment for the extension of water main underneath a roadway. It's for a property owner who wants to connect to municipal water when there is already a stub installed near their property. The property may not have previously been assessed for the installation of the water main. A property owner has asked the City to lower its connection fee. That property owner was not assessed for the water main extension when it was done because the property fronted the side street; the property across the street was. The individual, Mr. Price, now wants to connect to municipal water. He has paid the $10,000 fee. Mr. Price asked that his fee be reduced. Heck reviewed three situations for connecting to municipal water in the City. They are: 1) new connection with new service; 2) new connection to existing service where an assessment has been paid; and, 3) new connection to existing service where no assessment has been paid. He noted there isn't consensus among staff about what the fee should be. Councilmember Siakel asked why this is not being discussed during a work session like she had previously requested. She stated she thought this is too lengthy of a discussion to have during a regular Council meeting. She noted a staff report dated February 4, 2010, on the history of the water connection fee was placed on the dais before Councihmember's this evening and she has not had an opportunity to read it. She noted she is not prepared to act one way or another on this item this evening and she recommended it be discussed during a future work session. Siakel moved, Woodruff seconded, placing the topic of the City's water connection fee on a future work session agenda sometime during the next two months. Councilmember Woodruff stated this will have an impact on the Enterprise Water Fund so it has a budgetary impact. It should be discussed before the enterprise budgets for 2012 are discussed. Councilmember Zerby requested Council be provided with more historical information. Councilmember Hotvet stated she has a fist of questions she would like answers to. Mayor Lizee asked the Councilmembers to forward their questions to Administrator Heck. Councilmember Siakel stated during a previous Council discussion on this item the topic of connection to other cities' water systems was brought up. If that's the case she would like to know what the cost is to hook up to those systems. Administrator Heck stated he has been discussing with staff from Tonka Bay how the City could potentially do more water operations with Tonka Bay. Motion passed 5/0. C. Community Survey Request for Proposal Administrator Heck stated previous councils discussed the possibility of conducting a comprehensive residential survey. This Council discussed the same idea during the strategic planning sessions held CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 14 of 15 earlier in the year. Staff has provided Council with a representative list of survey questions it compiled from surveys other municipalities had done. He noted the meeting packet includes a copy of a request for proposal (REP) for purchasing the services to conduct such a survey for the City. There has been a lot of discussion by many cities in the City Managers Group talking about the ten items identified if the Office of the State Auditor's performance measures. Staff is seeking Council's permission to issue the RFP. Woodruff moved, Zerhy seconded, directing staff to issue a request for proposal for conducting a comprehensive residential survey for the City. Councilmember Woodruff stated the RFP states the results of the survey are to produce a result with a margin of error no greater than plus or minus 5 percent. Be suggested the base number be included and that the base number be either 90 percent or 95 percent. He also suggested the responders supply a list of what they expect the Shorewood staff to do. Councilmember Hotvet stated she supports the idea of doing a survey. She requested Staff provide more information about the RFP process that will be used. She suggested Staff contract other cities that have had a successful experience with conducting surveys. She asked Staff to ask for references from firms who submit REP responses. She also asked if the City can become more involved with the League of Minnesota Cities' (LMC) process for defining questions to measure performance. Administrator Heck stated he RFP in the meeting packet is modeled around those used by a few other cities. He commented that there are a couple of primary consultants that cities and schools use. He noted he will contact other cities for information. Councilmember Hotvet recommended the RFP be clarified to specify that more than one survey methodology can be used. She suggested the RFP specify a goal for the number of residents it will survey and the minimum number of responses it must be obtain. She reiterated respondents should be asked to provide references. Motion passed 510. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the Ospreys are back in their nest on the radio tower and have hatched babies. The Lake Minnetonka Conservation District has adopted its 2012 budget and the City's share of funding is going down slightly for 2012. Xcel Energy conducted a street light audit in the City and it determined it owes the City $640 for over billing the City for a couple of street lights. The South Lake Minnetonka Police ,Department Coordinating Committee held a budget work session earlier in the day. There is a meeting scheduled for June 30' with representatives from the City, Mound and Minnetrista to talk about a funding formula for the aquatic invasive treatment costs for Phelps Bay. The Lake Minnetonka Association has provided him with information about contributions to date (city and resident) and the length of Lake Minnetonka Phelps Bay shoreline in each of the three cities. He noted the Shorewood residents with Phelps Bay lakefront property have contributed more than anyone. He stated at this time he is not willing to commit more City funding for that treatment. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 27, 2011 Page 15 of 15 Director Brown stated the renovation of Lift Stations 15 and 17 is basically complete. He then stated that for its July I I"' meeting Council will be provided with the results of the inspection of the Southeast Area Water Tower for warranty work. Vine Hill Road has been milled and preparations are being made to overlay it. Monthly Financial Report Director DeJong stated a copy of the May 2012 Monthly Budget Report is included in the meeting packet. He noted the City has received about 52 percent of its budgeted revenue through the first five months of the year; that's primarily because the budget base was lowered. The city received its first property tax payment. Expenditures are about 37.2 percent; that's higher than for the same period last year but still on hack. B. Mayor and City Council Couneilmember Woodruff thanked Director Brown and the Public Works Department for their efforts and their work with the contractor on the rehabilitation of the Lift Station. Lift Station 15 is absolutely beautiful. Woodruff highlighted the recent League of Minnesota Cities' (LMC) annual conference which he attended the previous week. Officers were elected. The LMC dues will remain the same for 2012. There was an all day session about how to ask police and fire chiefs the right questions. Everyone who attended thought it was excellent. It was somewhat like a review of best practices for public safety. A 2011 law summary was made available and he provided Administrator Heck with a copy of it. There was a session that primarily centered on tax increment financing. There was a session on economic development during which developers explained they are working to meet the market not make it, that office development may never recover, and that they don't like tax increment financing. Councilmember Zerby encouraged people to come and enjoy the Fourth of July activities in the City of Excelsior. The South Lake — Excelsior Chamber of Commerce is coordinating the event. Mayor Lizee stated there is still a need for volunteers that day. 13. ADJOURN Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of June 27, 2011, at 9:44 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder a e — Christine Lizee, Mayor