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09-12-11 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 12, 2011 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor LizBe; 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 Special Meeting Minutes, August 22, 2011 Woodruff moved, Siakel seconded, Approving the City Council Special Meeting Minutes of August 22, 2011, as presented. Motion passed 5/0. B. City Council Work Session Minutes, August 22, 2011 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of August 22, 2011, as presented. Motion passed 510. C. City Council Regular Meeting Minutes, August 22, 2011 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of August 22, 2011, as presented. Motion passed 510. CONSENT AGENDA Mayor Liz& reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List CITY OF SBOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 2 of 8 B. Adopting RESOLUTION NO. 11 -049 "A Resolution Accepting the 2011 Meadowview Road, Nelsine Drive and Wild Rose Lane Rehabilitation and Authorizing Final Payment, City Project 10 -01, 10 -02." C. Silver Lake Sediment Trap Soil Boring D. Sanitary Sewer Televising Councihnember Hotvet noted there is substantial difference in the amount of the quotes received for the Sanitary Sewer Televising project. She asked Staff to comment on that. Engineer Landini responded the company that submitted the lowest quote is trying to get its foot in the door with the City. 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. Terrence Haines, Eagle Scout Project Update Mayor Lizee stated Terrence Haines, an Eagle Scout candidate, is present this evening to provide a wrap - up report on the project he took on to improve the wetland area near the Southshore Community Center (SSCC). Mr. Ilaines presented pictures during various phases of the project. Mayor Lizee stated the project Mr. Haines and his crewmembers took on was an incredible project. He noted that Mr. Haines had been planning the project for a couple of years. She commented that the City and the Park Commission have wanted to have something done to that area for a couple of years. She stated the area below had been overgrown and it looked like a rain forest. She noted the sunnner of 2011 was the hottest summer on record. She stated the crew cleared brush, trees, and buckthorn. They made two benches which are simply beautiful. They built new stairs with railings. They cleared and refurbished the walking paths. She noted when people are at the SSCC and they see there is safe access to the bridge they go down to it. She told Mr. Haines that she thought he and his crewmembers out did themselves. Mr. Haines received a round of applause from Council and staff members present. Mayor Lizee noted Mr. Haines asked the City to donate $200 for the purchase and engraving of a dedication plaque for the area. Lizee moved, Zerby seconded, authorizing up to 5200 for the purchase and engraving of a dedication plaque. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Pape 3 of 8 Councilmember Woodruff asked what will be engraved on the plaque. Mr. Haines explained that SSCC Manager Anderson wants his name and a reference to his Eagle Scout project donating the various items (such as the stairs and benches) on the plaque. Mr. Haines' mother stated she would like the names of those who donated money to the project on the plaque. Motion passed 5/0. Mayor LizBe extended her thanks to Mr. Haines. Councilmember Siakel thanked Mr. Haines and told him he and his crew did a good job. She liked the before and after pictures. Councilmember Hotvet thanked Mr. Haines for his presentation. Mayor Lizee suggested there be a small ceremony to dedicate the plaque when it is available. Mr. Haines stated after he gets all of his paper work complete for the project and after his board of review, his plan is to hold his Eagle Scout Court of Honor there. Liz& asked that he let Council know when that will be. 7. PARKS No report was given because there had not been a Park Commission meeting since the last Council meeting. The next meeting is scheduled for September 13, 2011. 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 September 20, 2011. 9. ENGINEERING /PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Aquatic Invasive Species Pilot Program Joint Powers Agreement with the Minnehaha Creek Watershed District Outline for Discussion Attorney Keane explained the meeting packet contains a draft substantive outline for a joint powers agreement (JPA) for an aquatic invasive species (AIS) management and prevention pilot project for Christmas Lake. The intent of the outline is to provide a general understanding of what the JPA will include and to provide Council the opportunity to provide comments, ask questions and express concerns prior to the full JPA being prepared. The JPA will be circulated for review the end of next week. It will first be sent to the Department of Natural Resources (DNR). Then it will be sent to the Minnehaha Creek Watershed District (MCWD) for approval on September 22 "d . The goal is to provide Council with a formal JPA for consideration during its September 26" meeting. He noted there isn't a play book for this type of project. Hopefully, this will serve as a template for the MCWD for similar projects in other communities within the MCWD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 4 of S Councilmember Hotvet stated the outline states the term of the agreement will be one year. She expressed she did not think one year is a long enough to determine if the pilot project is successful. Attorney Keane responded he will propose to the DNR and MCWD making the initial term two years for the trial project. Councilmember Woodruff stated he did not think the pilot project warrants establishing a JPA. From his perspective an agreement or contract between the three parties would be suffice. He suggested a description of the project be included up front in the JPA. The outline doesn't talk about which organization will be responsible for what or what the propose of the pilot project is. He suggested the purpose be clearly identified in what, ever document there ends up being. Woodruff then stated he questions some of the technical things in the outline. He asked what "water - related equipment" means. He doesn't think the City, DNR or MCWD can commit the South Lake Minnetonka Police Department (SLMPD) to enforcing the State's AIS law. The SLMPD Coordinating Committee has to ask the SLMPD to do that. He recommended the MCWD serve as the fiscal agent being it wants to control AIS management within the MCWD jurisdiction. He expressed he would be troubled if the City were to serve as the fiscal agent. Woodruff went on to state three to five months ago the MCWD proposed it assume responsibility for management of AIS within the District. The MCWD started a process to get authority for it to do that. He noted he is not sure the MCWD has obtained that authority. It's his understanding that the MCWD's current 509 Plan needed to be amended to allow it to have that authority. Such an amendment would have to come before Council because the City would have to be one of the cities that approve it. He questioned if the MCWD can execute the JPA operationally because it doesn't have the authority yet to perform. Woodruff expressed he has problems with the general provisions of the proposed JPA board, again noting that he thought it should be a contract. He stated it appears the outline has established a process through which the Governor can appoint someone to operate on behalf of the DNR and he questioned if the Governor can do that from a legal perspective. He thought the State Legislature would have to pass a bill giving the Governor that authority. Councilmember Zerby stated from his perspective a JPA is the correct form of agreement. He explained he interprets water - related equipment to include things such as boats and other types of watercraft. He noted SLMPD member cities ask the SLMPD to enforce ordinances all the time. He stated he thought the outline covers everything Council has talked about with regard to the three -way partnership on this project. It assigns responsibility to the appropriate organization. For example, it's appropriate for the DNR to train MCWD inspectors and for the City to serve as the fiscal agent being Christmas Lake is located in the City. He then stated the pilot project is a cutting edge. He noted that he thought the outline for the JPA is right on the money. Councilmember Siakel suggested the JPA clearly explain what the SLMPD's role will be in this pilot project. Attorney Keane explained the SLMPD has the sole authority to issue warnings and citations for violating the AIS law at the Christmas Lake launch site. There is a need for a couple of SLMPD personnel to have training about AIS violations and how to identify AIS. The City needs to talk to the SLMPD Chief of Police to ensure SLMPD cooperation on this endeavor. Keane then explained this effort will involve a shared powers understanding between political subdivisions of the State. Because powers and authorizations will be shared the mechanism for doing that CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 5 of 8 is a JPA under State Statute Chapter 471. A JPA allows the political subdivisions to share powers with one another. Keane stated he thought the questions asked and issues raised are astute and completely appropriate for discussion and consideration. He then stated the biggest local piece of this that has to be refined is the enforcement component and citing authority. Councilmember Woodruff asked what the voting protocol is for the proposed JPA board. Is it a simple or super majority? Ilow many votes does each organization get? Attorney Keane responded as of yet no decision has been made regarding how frequently that governing body will meet. Because this is a pilot effort things will be adapted as deemed necessary. Keane explained the decisions will be governed by the rules of Roberts Rule of Parliamentary Procedure. A simple maj ority will govern decisions. When there is a shared powers agreement and a governing body is created to administer the new shared powers organization, the representation of the constituent pieces requires appointment. The DNR is a state agency and it is assumed the DNR delegation would be appointed by the Governor but it may be the Commissioner of the DNR that selects the appointee. Councilmember Siakel stated a JPA makes good sense to her. She recommended choosing the most efficient way to get the project moving forward. She noted that earlier in the day she attended a program where an expert from the State of New York gave a presentation on zebra mussels. She explained the presenter talked about containing AIS and doing what ever is possible to slow the infestation of AIS in other water bodies. That could potentially allow for there to be enough time to develop products to treat bodies of water. She stated the City, DNR and MCWD have an opportunity to save a lake from other invasive species that may be coming to this area. She asked if Council will have an opportunity to comment on the actual JPA at a future meeting. Attorney Keane explained the outline is the first cut at the architecture of the JPA. The JPA will be crated later this week and it will be circulated to the DNR and MCWD and then it will come back to Council on September 26` The elements contained in the outline are the key features to be included in the JPA. He expressed his agreement with the need to have a strong statement of purpose in the beginning of the JPA. That should guide the rest of the document. He reiterated this effort and arrangement is a first for all parties involved. People need to be flexible. He welcomed Council's comments and reactions. Mayor Lizee expressed her appreciation for Attorney Keane working with MCWD Attorney Smith to move this initiative ahead. She concurred that a .TPA is needed to solidify the organizations support of what will be going on at Christmas Lake, Attorney Keane noted this pilot project is a local initiative. The State is not taking the leadership on this. The City and the MCWD are pulling it together. Percolating this effort up from the grass roots of local government is a sound model. If it proves to be effective the hope is that other cities can replicate the model for their needs. Mayor Liz6e stated she will help work with the SLMPD. She noted police departments in the Lake Minnetonka area have been trained on how to identify AIS. She stated there will be a need for some type of additional training for SLMPD personnel. Attorney Keane stated he will forward a copy of the JPA to the SLMPD as soon as it's available. Attorney Keane stated this discussion has been helpful to him. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 6 of 8 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff City Recycling Report Administrator Heck stated the meeting packet includes a copy of a recycling report for the City. The report reflects the City's recycling numbers have been down slightly when compared to 2010, but they are well above the required Hennepin County recycling levels and well above the recycling levels of the City's past dual -sort recycling program. He explained Hennepin County has revised its goals and plans for commercial recycling. The City is going to work with the commercial businesses in the City to get them to recycle more. 2. Water Connection Fee Administrator Heck stated Mayor Liz6e requested this topic of the City's water connection fee be discussed during a work session. He explained there are two components. The first is the extension of water main along a roadway. The City has traditionally assessed for that under the Minnesota Statute Chapter 429 special assessment process. The second component is the connection charge. That charge is based on what the City has invested in developing the water system infrastructure. Heck asked Councilmembers if they had any questions they would like to have addressed at the work session during which this will be discussed. He noted the meeting packet contains information about the connection charge. He noted Attorney Keane has been asked to prepare a legal opinion on the connection charge. Councilmember Hotvet asked staff to identify which of the cities listed in the staff report which are of similar size to the City charge for water the way the City does. Administrator Heck stated all the cities listed have a flat connection charge and they assess for the water main extension. He noted he hasn't found a city yet that has a fee similar to the one the City has designed ($10,000 minus the cost of the assessment but not to exceed $10,000). Mayor Liz& requested staff prepare a connection fee analysis, a historical perspective on how the water system came about, and an updated 20 -year plan for expanding water throughout the City. She suggested this topic be discussed during a work session in October or November. There was consensus to discuss this topic during the November 14, 2011, work session Other Administrator Heck stated staff proceeded with closing on the purchase of the property located at 24620 Smithtown Road and the property which had been part of the property located at 5750 Covington Road. There is a Movie in the Park event scheduled for September 16 °i at Manor Park. Staff plans to have a draft of the proposed questions for the community survey available for the September 26 Council meeting. He, Director DeJong and Councilmember Zerby met with a consultant for the Minnetonka School District (that individual is also a consultant for Carver County on its Open Fiber Initiative) and the consultant put CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 7 of 8 them in touch with the firm that's going to install the fiber. It appears that the City could connect into the County's fiber ring near Highway 7 for a reasonable cost. The fiber installer is going to provide an estimate of what it will cost to run fiber from that point to City Hall and then on to the Southshore Community Center. Heck then stated two weeks ago Council adopted a resolution in support of the Minnehaha Creek Watershed District (MCWD) managing aquatic invasive species (AIS) efforts in the region. He noted he has been receiving questions from other cities about whether or not the MCWD and the Lake Minnetonka Conservation District (LMCD) support this. It's his understanding that the City of Minnetonka adopted a similar resolution. Director Brown stated with regard to the Murray Hill Road storm sewer improvement project Staff met with the inspection team and decided to move forward with completing drainage improvement projects in that area this year. Asphalt should be put down on Smithtown Way the end of the week. Public Works has repaved the trail at Manor Park and it has started working on the trail at Silverwood Park to the picnic shelter. His intent is to have a proposal ready for the next Council meeting for addressing the drainage and curb issue at Waterford Place. Hennepin County is conducting a hazardous waste drop -off program September 15 — 17, 2011, at the Public Works facility. In response to a question from Councilmember Zerby, Director Brown explained as soon as the asphalt is put in place and landscaping done the no- right -turn sign out of the Cub parking lot on to Lake Linden Drive will be removed. In response to a second question from Councilmember Zerby, Director Nielsen explained the Planning Commission will discuss a draft ordinance on dynamic signs during its September 20` meeting. Nielsen noted he has informed the Southshore Community Center manager that the sign cannot be moving until the City Code is amended to allow that. In response to a third question from Councilmember Zerby, Director Brown explained the new City entry identification signs have been ordered and it takes about eight weeks to get the custom made signs. Eight signs were ordered with one of them being a spare. Zerby stated he would like to know where they will be placed. B. Mayor and City Council Councilmember Woodruff stated he and Director DeJong attended the Metro Cities Revenue and Taxation policy meeting. That meeting was the second of three it will have. He noted that he did not think there will be much change to existing policies. There is one so called new policy regarding allowing cities to have a local sales tax being considered. Councilmember Siakel stated on September 1, 2011, she and Mayor Lizde attended an aquatic invasive species (AIS) stakeholder meeting sponsored by the Department of Natural Resources (DNR). There were stakeholders from the DNR, the Minnehaha Creek Watershed District (MCWD), Minnesota Waters, the Lake Minnetonka Association, and other agencies and people from around the State. Tine purpose of the meeting was to discuss what people thought they needed the DNR to do with regard to the management and prevention of AIS. The DNR representatives appeared to be receptive to the suggestions made during the meeting. The action the City took when it adopted the resolution to support the MCWD managing aquatic invasive species (AIS) efforts in the region was the appropriate thing to do. She noted she received compliments on the City Council doing that. She expressed disappointment that more cities in the MCWD jurisdiction haven't adopted a similar motion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 12, 2011 Page 8 of 8 Siakel reiterated that earlier in the day she attended a program where an expert from the State of New York gave a presentation on zebra mussels. She explained the expert told people he participated in a group effort to try to identify a solution Iess invasive than a chemical to deal with zebra mussels. That group has taken its research as far as it can, noting it was funded by the Environmental Protection Agency. The group has come up with a compound called zequinox. The research has been turned over to a private entity to determine how it can take the non chemical, non toxic compound for treating zebra mussels and commercialize it. She stated she thought that in the future there will be a non - abusive way to treat AIS that is economical and ecologically sound, but it's probably a couple of years out. She then stated anything that can be done to contain the spread of AIS will be worthwhile. She expressed she wholeheartedly believes in the Christmas Lake pilot project and she believes in the role of the LMCD. The LMCD does a lot of things right, but she is not sure it has the funding or ability to take the management of AIS to the level needed. She applauded all of the stakeholders that attended. Administrator Heck stated that Director Brown is working with an electrician about how to get electrical power to the proposed gate at the Christmas Lake public access. The quote provided is close to $11,000. Council authorized up to $2,000 for that. The Christmas Lake Homeowners Association has expressed its willingness to fund the difference. Councilmember Zerby asked if a solar powered gate has been considered. Brown responded it hasn't but he will research that possibility. Mayor Lizee stated with regard to the stakeholders meeting more than 40 people from across the State attended the meeting. She then stated it will take partnerships to move anything ahead with regard to the broader management and control of AIS. The model of the Christmas Lake pilot project could be valuable to others. Lizde then thanked the City and the City Council for the new park entry signs, City Hall sign and the City's donation toward the Southshore Community Center digital sign. On Saturday, September 17` at 10:00 A.M. there will be an unveiling of the Excelsior Fire District (EFD) firefighters' memorial to honor those who have served a decade or more. She thanked EFD Assistant Chief Dana George who covered for EFD Chief Gerber when Gerber was asked to be one of seven emergency management directors from the State to go to the east coast after the recent hurricane Irene went through. 13. ADJOURN Derby moved, Siakel seconded, Adjourning the City Council Regular Meeting of September 12, 2011, at 8:14 P.M. Motion passed 510. RESPECTFULLY SUBMI'T'TED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Administrator /Clerk