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09-26-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 26, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizde called the meeting to order at 7:00 P.M. A. Roll Call Present, Mayor Lizde; Councilmembers Hotvet, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Siakel B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 12, 2011 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of September 12, 2011, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. Zerby moved, Hotvet seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Appeal for Extension of Time (This was moved to Item 10.D under General /New Business.) Appellant: Naomi Carlson Location: 5955 Cathcart Drive Motion 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 2 of 14 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Hennepin County Update from Commissioner Jan Callison Mayor Liz6e introduced Hennepin County Commissioner Jan Callison who was present to give an update on what, is happening in Hennepin County. Commissioner Callison stated she provided Council with a Hennepin County Fast Facts sheet. She noted she recently received information about changes in population for the cities with populations of 20,000 or less. She explained that of the 45 cities in the County, 31 have populations less than or equal to 20,000. The information is based on 2010 census data. Shorewood's population is approximately 1.3 percent less than it was in the year 2000. The median family income as well as the median household income in the City declined. She thanked Council for the City's participation in the organics recycling pilot program. She also thanked Council for hosting a Hennepin County hazardous waste collection recently. She noted 1,177 people dropped off materials. She also noted the County will hold a medicine collection event on October 8, 2011, from 10:00 A.M. to 2:00 P.M. in the City of Orono. Residents can drop off medicine they no longer need. Commissioner Callison highlighted the Hennepin County 2012 Budget proposed by the Commission. The highlights are as follows. The maximum levy set on September 13, 2011, reflects a 1.0 percent increase over the previous year and that is all dedicated to the General Fund. None of the increase is dedicated to the Hennepin County Regional Rail Authority or the Housing Authority. The 1.0 percent increase amounts to approximately $7 million in additional revenue if approved. The Hennepin County Administrator plans to present his budget recommendation to the Commission on September 27 "'. Commission Callison believes the Administrator will recommend the property tax stay flat. Commission Callison stated the County expects to lose approximately $5 million in County Program Aid. The County also anticipates a loss of $7.2 million in human services and public health. She said the $7 million in potential property tax revenue is substantially less than the $12 million reduction in aids and said it is likely there will be a reduction in the Hennepin County budget for the third year in a row. In 2012, many Hennepin County property owners will see a rise in taxes due to the State Legislature's change to the Market Value Program. She said that if Shorewood property kept the same relative value, a property valued at less than or equal to $268,000 would have a property tax increase of approximately 1.6 percent. A home valued at $570,000 would have an increase of 2.1 percent and a commercial property valued at that same amount would have an increase of 2.2 percent. A substantial number of property owners will experience a tax increase even if the County doesn't increase its tax levy. Hennepin County will negotiate contracts with union employees this year. Approximately 70 percent of the county's workforce is unionized. Employees did not receive a salary increase in the last two years. She said the County is experiencing an increase in demand for some of the services it provides. As an example, she said food support during March 2007 served 76,000 individuals and the County served 126,000 individuals in Mach 2011. CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES September 26, 2011 Page 3 of 14 Hennepin County will hold its Truth in Taxation hearing on November 29` and the Hennepin County Commission will approve the County's 2012 budget on December I3 ". Commission Callison stated she has been working with a task force about the future of the Excelsior Library. That group will reconvene in January 2012 and will have the opportunity to review sketches of what a new library could look like. The hope is to go through the approval process for a new library during 2012. The Commission recommended to delay any construction until 2013. Commission Callison thanked Council for the opportunity to speak to them. Mayor Lizee thanked Commissioner Callison for being responsive to questions and for her monthly newsletter. She also thanked her for coming to the meeting. B. Ken Hendrickson, Board Representative, Lake Minnetonka Communications Commission Report on Activities and 2012 Budget Mayor Liz6e stated Ken Hendrickson, the City's representative to the Lake Minnetonka Communications Commission (LMCC), is present this evening to discuss the 2012 LMCC budget. Mr. Hendrickson explained the LMCC budget process started in January. He said a copy of the approved LMCC 2012 Budget is in the meeting packet. All of the LMCC member cities have been provided a copy of the budget and the cities have been asked to approve the budget. He noted the LMCC is not funded with tax dollars; it is funded through franchise fees. Mr. Hendrickson said the LMCC anticipates $644,237 in revenue. He stated the commission budget plans $688,442 in expenses. The budget does not include any funding for the fiber to the premise initiative. Some of the items budgeted for in the expense budget include: $18,000 for communications education and assessment of new technologies; $23,400 for carpet and furniture replacement; $14,000 for the franchise audit fee; and, $20,000 for franchise renewal related legal expenses. The capital equipment budget includes $15,550 for capital eequipment. The plan is to implement agenda parsing for video recordings of meetings. New and cooler lights will be purchased in 2012. Mr. Hendrickson went on to explain the fund balance going into 2012 should be slightly more than $500,000. Based on budgeted revenues and expenses and after factoring a contingency of $34,422, the 2012 year end fund balance should be approximately $430,500. There Commission discussed paying off the mortgage on the LMCC facility. The current balance is $199,800. If that is done, it reduces the fund balance to approximately $310,600. The Commission will revisit this in the spring of 2012. Mr. Hendrickson asked Council to approve the LMCC 2012 budget. Councilmember Zerby stated he thought the LMCC 2012 budget is a great budget. He then stated he is pleased with the changes made to the LMCC's website. Zerby moved, Hotvet seconded, approving the Lake Minnetonka Communications Commission 2012 Budget as presented. Motion passed 4/0. 7. PARKS Commissioner Swaggert reported on matters considered and actions taken at the September 13, 2011, Park Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 4 of 14 A. Freeman Park Open Skating Rink The meeting packet contains a copy of a memorandum from Administrator Heck about creating a free skating ice rink at Freeman Park. Councilmember Woodruff stated it's his understanding that the rink would be open; that is, there would not be any boards around the rink. Commissioner Swaggert concurred with that. Woodruff then stated it's his understanding a rink at Freeman Park would be created in place of a maintained rink at Silverwood Park. Woodruff noted that when he served as a liaison to the Park Commission in the past he repeatedly heard that the residents living near Silverwood Park appreciated having a skating rink there. Woodruff stated he did not think anyone asked the residents what they thought about losing the ice rink. Woodruff asked about funding the rink attendant at Freeman Park. Commissioner Swaggert stated the Park Commission is discussing a couple of options. One consists of selling concessions at Eddy Station. Swaggert noted the rink will only be open for a short period of time each day and therefore the Parks Budget may be able to provide the funding. Swaggert related that a Park Commissioner who lives near Silverwood Park told the Commission that over the years she has observed the number of people using the rink declining.. Swaggert stated the Commission thought a rink at Freeman Park would be used more. Woodruff then asked if the Park Commission was prepared to hear complaints from residents. — Mayor Lizee stated that per meeting minutes for the September 13, 2011, Park Commission meeting it appears the Commission discussed how much the rink at Silverwood Park was used the past few years. She asked if the Commission talked about the potential acquisition of flood lights for the new ice rink. Administrator Heck explained that after the Park Commission discussed this item and based on discussions with Staff it occurred to him that the City may be able to provide portable lighting, noting that lighting would be relatively inexpensive. The portable lighting could also be used for other purposes. Lizee noted that tripod lighting does work. Councilmember Zerby expressed his support for creating a rink at Freeman Park and that he thought doing so on a trial basis would be a good thing to do. Zerby moved, Hotvet seconded, approving the Park Commission's recommendation to create an ice skating rink Freeman Park for the 2011/2012 season, approving the purchase of portable lighting and providing funding for a warming house attendant. Councilmember Hotvet asked if it would be possible to create a skating oval around the rink. Commissioner Swaggert stated the Park Commission has not made a decision about that. Director Brown stated he will research the feasibility of doing that. Mayor Lizee asked when flooding of rinks usually begins. Director Brown explained there has to at least a week of hard, cold frost in the ground before flooding begins. Motion passed 4/0. 8. PLANNING Commissioner Charbonnet reported on matters considered and actions taken at the September 20, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 5 of 14 Councilmember Woodruff, the Council liaison to that meeting, noted the Planning Commission had a good discussion about the proposed Trail Plan and it recommended some changes to the Plan. The copy of the Plan, included in the meeting packet, does not include the changes. Director Nielsen stated there was a short period of time between when the Commission reviewed the document on September 20 " and when the meeting packet was prepared. Nielsen explained part of Itern 8.A stated Staff is asking Council to direct Staff to prepare a resolution amending the Comprehensive Plan to incorporate the Trail Plan Implementation Report and the changes recommended by the Commission will be included at that time. A. Trail Plan Implementation Report Director Nielsen stated earlier in the year Council established an Ad Hoc Trail Committee consisting of two Council members, two Planning Connnissioners, two Park Commissioners and two residents at large. The Committee developed a Trail Plan Implementation Report. The draft Report was forwarded to the Park Commission for review and comment. The Planning Commission then held a public hearing on the Report. Nielsen highlighted key areas of the Report. The highlights are as follows. The goal specific to trails is "The City should establish a plan for an interconnected system of trails, enhancing the safe movement of pedestrians, bicyclists and other modes of non - motorized travel." He noted the term "trail" in the Report includes the entire gamut of pedestrian/bicycle facilities in the City. The changes proposed to the Trail Map currently in the Comprehensive Plan include: changing the title of Trail Concept Plan to Trail Plan; adding a trail along Strawberry Lane; adding a trail along Eureka Road; deleting a trail south of Highway 7 along Covington Road; deleting a segment of trail along Manor Road south of St. Albans Bay Road; and, possibly changing the legend on the map from "Possible 'Trail" to "Future Trail". The Committee considered the issues of health, safety, and general welfare when identifying trail priorities. The Committee established four priority groups. Priority I trails are to be completed in the next 3 — 5 years. Priority 2 trails were scheduled 5 -- 10 years out. Priority 3 trails were scheduled 10 — 15 years out. Priority 4 trails will not be scheduled until after 15 years. The Priority 1 trails include the following: A trail to connect the County Road 19 / Smithtown Crossing area to the Lake Minnetonka LRT Regional Trail. This is based on availably of existing right -of -way, anticipated lack of neighborhood resistance and its function of connecting the Smithtown Crossing area and the Shorewood civic campus with the LRT Trail. A trail on Smithtown Road from the Victoria border to Minnewashta Elementary School. This trail enhances safety for people on the west end of Shorewood to walk or bike to school and connects to the trail system in Victoria. A trail to connect the Mill Street Shorewood / City of Chanhassen Boundary to the Shorewood / City of Excelsior boundary. The trail on Enchanted Island will be added to the Priority 4 group per the Planning Commission's recommendation. The Commission also agreed with the Park Commission's recommendations that the trail along Eureka Road extend one block to connect with Crescent Beach and the trail along Strawberry Lane extend one block to connect to Cathcart Park. The Planning Commission suggests the trail segment between Badger Park and the LRT Trail would be better accomplished by a short segment of trail along Timber Lane. Nielsen noted the Report includes a copy of a preliminary draft Tail Capital Improvement Plan. He noted there is a proposal to construct an overpass where the LRT intersects with County Road 19. Staff understands plans for the overpass will be developed in 2013 and construction planned for 2014. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 6 of 14 Nielsen stated Staff recommends Council direct Staff to draft a resolution incorporating the Trail Implementation Report, including the changes recommended by the Planning Commission, into the Shorewood Comprehensive Plan. Nielsen explained the amendment to the Comprehensive Plan has to be sent to the Metropolitan Council for review and comment and it will be forwarded to the surrounding communities. Mayor Lizee thanked Director Nielsen and the Ad Hoc Trail Committee for their efforts on behalf of the Council. Woodruff moved, Hotvet seconded, directing Staff to draft a resolution incorporating the Trail Implementation Report, including the changes recommended by the Planning Commission, into the Shorewood Comprehensive Plan. Councilmember Woodruff noted that the cost estimates in the CIP are just estimates and that the costs for potential acquisition of right -of -way are not included in the estimates. Woodruff stated Council needs to have a discussion about who will clear the trails in the winter. Councilmember Zerby noted the Skate Park is not included on the Trail Plan priorities map in the Report. He also noted the CIP shows the cost for the County Road 19 / Smithtown Crossing trail segment to be $17,040 yet the CIP discussed during the work session preceding this meeting has it at $30,000. Those need to be synchronized. He stated he likes the maps in the Report. Motion passed 4/0. B. Zoning Code Text Amendment for Accessory Structures Director Nielsen explained that over the past few months the City has pursued a code violation against a property owner who has about seven shipping containers on his property. The property owner alleges that the structures are sheds and that his property is not subject to zoning regulations because, from the property owner's perspective, his property is a farm. The property owner appealed the violation to the Administrative Hearing Officer. The hearing Officer ruled in favor of the property owner because of the wording in the City's Zoning Code which is " ... no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1200 square feet in area in the R -1 A ... ". The Officer stated the structures did not total more than 1200 square feet in area. Nielsen then explained the proposed amendment changes Code Section 1201.03 Subd. 2.d (4) from "For single - family and two - family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, or 1,200 square feet in area in the R -1A R -113, R -1C, R -2A, R -213 and R -3A Districts, or 1,000 square feet in area in the R -ID, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: ". to "For single - family and two - family homes, no accessory building, including attached garages or combination of accessory buildings, shall exceed three in number, nor 1,200 square feet in area in the R -IA, R -113, R -IC, R -2A, R -213 and R -3A Districts, nor 1,000 square feet in area in the R -ID, R -2C, R -313 and R -C Districts, except by conditional use permit as provided for in § 1201.04 of this chapter. In addition the following conditions shall apply: ". Nielsen stated the above referenced property owner wanted this item on the agenda to be re- noticed because he did not receive an individual notice that this was to be on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 7 of 14 Attorney Keane explained the notification and public hearing held by the Planning Commission more than discharged the notification requirements of the City for a text amendment to the City's Zoning Ordinance. He noted the City does not send out individual notices when there is a City -wide text amendment. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 481 "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Accessory Buildings." Councilmember Zerby asked if the amended Code will be air tight to which Attorney Keane responded it will be. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. Authorize Expenditure of Funds for Lift Station 13 Repair at Radisson Entrance Director Brown explained it appears that in 1975 the City chose to install a lift station in the back yard of a home and it serves a single family home located at 5795 Radisson Entrance. It's clear that it is a City - designed lift station because it's identical to the City's other lift stations. In addition to being located in the back yard, it's located at the bottom of a flight of stairs. Brown then explained that about two months ago the City began experiencing considerable failures with this lift station. The Public Works Department obtained a quote for bringing the lift station into a dependable state. The quote submitted is for $5,795. Staff would have preferred to avoid any further maintenance costs to this Iift station before reaching a solution with the property owner about a different solution such as a private ejector station where the property owner would then be responsible for the perpetual maintenance. Unfortunately, it's eminent that this station will fail. He noted the question of public purpose comes to play with this lift station. Brown stated Staff is seeking authorization spend an amount not to exceed $6,200 to repair the station. He noted that this expenditure would exceed the Sanitary Sewer Operating Budget. The annual budget for contractual items involving sanitary sewer is $5,000. Of that amount, there is $3,437 remaining for this year. If Council approves this expenditure, the department will exceed line item by $2,763. Councilmember Woodruff asked what gives the City the right to enter the property. Director Brown explained the City doesn't have an easement on the property and there is no formal agreement giving the City the right to enter the property. Brown noted if the property owner doesn't want the City on his property, the City could walk away from fixing the lift station. Woodruff suggested Council and Staff consider bringing the lift station into good working order then conveying it to the property owner. Woodruff clarified that lie was not necessarily saying that's what should be done. Brown stated Staff will incorporate that in the feasibility report. Zerby moved, Woodruff seconded, authorizing the expenditure of funds to repair Lift Station 12 located at Radisson Entrance for an amount not to exceed $6,200. Motion passed 4/0. B. Authorize Expenditure of Funds for Curb Replacement at Waterford Place Director Brown explained Councilmember Woodruff had received the initial concern from a resident at 19810 Waterford Place regarding drainage issues along the curb line in front of this property. The CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 8 of 14 roadway was designed with a very flat grade and over time, the roadway and curb settled. This created a pooling issue on the roadway. It also appears sump pump discharges made the problem worse this past winter. Brown explained Staff discussed how best to cure the problem. Staff received quotes from Advance Sandjacking, Inc., and W.M. Mueller and Sons. Advanced Sandjacking's quoted $4,190 to sandjack and W.M. Mueller and Sons quoted $6,987 to remove and replace the curb. Public Works determined the cost to restore the area at $2,000, which was not included in the sandjacking quote. Public Works will restore the area after the sandjacking. Based on the quotes submitted Staff believes the sandjacking approach is worth the effort based on the difference in quotes. Brown stated Staff recommends moving forward with sandjacking the curb and restoring the area for an amount not to exceed $6,200, lie noted this project is not in the 2012 CIP or Operating Budget. He stated if council approves this project, staff recommends funding it out of the Street Reconstruction Fund. Councilmember Woodruff stated he appreciates that Staff is trying to minimize the cost of mitigating the drainage issue. But, after reading about the warranty in the Staff report, and the fact the total curb replacement costs only $2,800 more, he recommends moving forward with removal and replacement of the curb. Woodruff moved, Lizee seconded, accepting the quote in the amount of $6,987 from W.M. Mueller and Sons to remove and replace the curb at Waterford Place and authorizing $9,000 in funding for that effort plus the restoration of the area to come out of the Street Reconstruction Fund. Mayor Liz& asked if replacing the curb is going to solve the drainage issue in that area. Director Brown responded replacing the curb will be more of a guaranteed fix. Brown explained when the roadways in that area were designed they were designed with a very flat grade. The flat grades combined with a little bit of settlement are creating the problem. One -half inch of settlement that is possible over a three year period after the sandjacking could make a lot of difference. Brown noted Staff was trying to be sensitive to the fact that this project is not in the CIP. Councilmember Zerby clarified that the curb did not fail. The foundation underneath the curb is the problem. He asked if new curbing will solve the problem. He also asked if there are plans to strengthen the base as part of the effort. Director Brown responded the curb replacement option includes some excavation and placement of solid base materials. Councilmember Hotvet asked what happens if the sump pumps continue to discharge onto the roadway after replacing the curb. Director Brown explained that moving water tends not to freeze. If there is adequate grade, water should flow to the catch basin. Councilmember Zerby commented that he wasn't sure how a grade change of one -half inch is going to solve the problem of six inches of water near a mailbox. Director Brown noted that he has not seen a six inch pool of water in the summer months. Councilmember Woodruff explained that you can see the waterline on the curb by the mailbox for the property located at 19810 Waterford Place. Woodruff stated he understands Brown to have explained that if the grade is restored and then settles one -half inch then there could be a drainage issue again. Councilmember Zerby expressed concern that replacing the curb won't solve the drainage problem CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 9 of 14 Mayor Lizee expressed hope that replacing the curb will solve the problem. She noted that standing water and ice do not do the roadways any good. She asked Staff to inform the residents that discharging water from their sump pumps onto the City roadways is not good, especially in the winter. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Support for the City of Tonka Bay's Grant Application for Basketball Improvements Administrator Heck explained that the City of Tonka Bay is applying for a Hennepin County Youth Sports Grant to help rehabilitate the basketball court in Manitou Park. Tonka Bay is requesting the surrounding communities adopt resolutions of support of its application. Hotvet moved, Zerby seconded, Adopting RESOLUTION NO. 11 -050 "A Resolution of Support for the City of Tonka Bay's Grant Application for Basketball Court Improvements." Motion passed 4/0. B. Gambling Ordinance Amendment Administrator Heck explained that earlier in the year Staff determined the City's Gambling Ordinance needed amending to comply with State Statute. The meeting packet includes a draft amending Chapter 301 Gambling and Raffles that complies with State Statute. He noted that Attorney Deane has reviewed the proposed amended Chapter 301. hi response to a question from Councilmember Zerby, Administrator Heck explained that one -day type licenses will be handled administratively. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 482 "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 301 in it's Entirety with a Revised Chapter 301 (Gambling and Raffles)'; Adopting RESOLUTION NO. 11 -051 "A Resolution Approving Publication of Ordinance No. 482 by Title and Summary'; and, Approving ORDINANCE NO. 483 "An Ordinance Titled License Permit Service Charges and Miscellaneous Fees." Motion passed 4/0. C. Michael Greer, Eagle Scout Project Request Mayor Lizee asked Michael Greer, an Eagle Scout candidate, to explain his proposed project to Council Mr. Greer stated he proposes building a compost bin for the community garden located in the South Shore Community Park. He stated he thought the bin should be located in the corner of the garden where there are no plantings. He then stated he hopes to have the bin constructed soon so gardeners can dispose of their plants this fall. He noted he is not asking for any funding from the City. He stated if Council approves his project this evening, his intent is to present his proposal to the Park Commission at its next meeting. Mayor Lizee stated that a compost bin is needed in the community garden. Councilmember Woodruff asked what materials will be used to construct the compost bin.. Mr. Greer stated he hasn't finalized that but is considering some type of treated wood. Woodruff asked if Staff is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 10 of 14 okay with treated wood because treated wood is hazardous. Director Brown stated there could be concern about how close it will be to the organic gardens. Brown explained the community gardeners have meet specific criteria to be considered organic. Brown noted the City can provide some type of separation between the compost bin and the gardens if need be. Woodruff moved, approving Eagle Scout candidate Michael Greer's project and allowing him to move forward with his project contingent on approval from the Park Commission. Zerby seconded, subject to amending the motion to require Mr. Greer to consult with the Director of Public Works as to the best location of the compost bin at the South Shore Community Park and the Director approving the construction materials. Motion passed 4/0. Councilmember Zerby told Mr. Greer that he is pleased with his proposed project. D. Appeal for Extension of Time Appellant: Naomi Carlson Location: 5955 Cathcart Drive This was removed from the consent agenda at Councilmember Woodruff s request Director Nielsen explained Staffs original recommendation to the appeal for an extension of time to address Naomi Carlson's Zoning Violation was based on the first appeal letter the City received. The letter did not convey the same level of cooperation as the appellant conveyed during a telephone conversation with Staff prior to her sending the letter. He met with Ms. Carlson and her client earlier in the day. Ms. Carlson submitted a new appeal letter indicating the equipment will be removed by November 1, 2011. Therefore, Staff revised the recommendation to coincide with the appeal deadline. Woodruff moved, Zerby seconded, giving Naomi Carlson until November 1, 2011, to bring her property located at 5955 Cathcart Drive into compliance with the City's Zoning Code. Motion passed 4/0. 11. OLD BUSINESS A. Resident Survey Administrator Heck explained the meeting packet contains a copy of the draft resident survey. He said the Planning and Park Commissions, the Excelsior Fire District, Mound Fire Department, and the South Lake Minnetonka Police Department received drafts for comment. The survey incorporates the feedback from those organizations. He asked Councilmembers for their input. After ensuing discussion, the following changes were agreed upon ➢ Expand question 19 regarding how to use the funds from the City's former liquor operations to include how to use all of the funds in the Community Infrastructure Fund (approximately $1.8 million) and to split out the approximate $800,000 remaining from the liquor operations and ask how to use just those funds. ➢ In question 21 about preference for a single trash hauler or multiple haulers incorporate a question about supporting organics waste collection. ➢ In question 27 about what methods a respondent has access to the interact at home and add a second question about whether they actually use the access available to them CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 11 of 14 ➢ In question 29 add the Lake Minnetonka Communication Commission's website to the List of sources for getting information about the City of Shorewood. ➢ Remove questions D8 and D9 and replace them with a question that asks about the primary language spoken (e.g., English, Spanish, etc.) in the home. ➢ Include a space, possibly at the bottom of each page of the survey, for respondents to enter written comments on the questions contained in the survey. Zerby moved, Hotvet seconded, approving the 2011 Resident Survey subject to making the changes discussed. Motion passed 4/0. B. Minnehaha Creels Watershed District Joint Powers Agreement Mayor Lizee noted Eric Evenson, Minnehaha Creek Watershed District (MCDW) District Administrator, is present. Administrator Heck stated that during its September 12, 2011, meeting Council discussed a draft outline for a joint powers agreement with the iMinnehaha Creek Watershed District. The intent of the outline was to provide a general understanding of what the JPA would include. Council had an opportunity to provide comments, ask questions, and express concerns about the JPA.. The meeting packet contains a copy of a draft JPA based on the outline. Heck noted he provided Keane with his suggestions and questions about the JPA. He also noted he had spoken with Mr. Evenson and Attorney Smith the MCWD attorney about the draft JPA. He explained he had asked Smith if he thought a JPA was the appropriate document to use for this pilot project. He related Smith thought a JPA is a better arrangement than just a written agreement due to the formal sharing of power.. He also asked Smith if the State can to enter into a JPA with a city and he related that Smith explained the State is authorized. Mayor Lizee stated she talked to South Lake Minnetonka Police Department Chief of Police Bryan Litsey about the SLMPD enforcing the State AIS Law at the Christmas Lake boat landing. She related that Litsey is in agreement with the SLMPD doing that and that Litsey will insure that SLMPD personnel, including its Community Service Officers, are trained by the Department of Natural Resources (DNR). Cormcilmember Hotvet asked if the TPA should be modified to cover more types of AIS than just Eurasian watermilfoil (milfoil) and zebra mussels. Mr. Evenson stated this is the next step in a process that started with the Christmas Lake Homeowners Association this past spring. He stated the next step in this JPA is to work with the DNR on reaching agreement with what the draft JPA stipulates. He expressed his support for broadening the types of AIS covered by the JPA. Attorney Keane explained the language "such as" implies a broader interpretation of aquatic plants that are invasive. Councilmember Zerby recommended that Article 4.E be changed to state the mayor and one city council member shall be appointed to the Shorewood AID Management Board in order to make it consistent with Article 2.A.ii. He asked if the Hennepin County Sheriff's Water Patrol has any authority to enforce the State AIS Law. Mr. Evenson stated Water Patrol licensed peace officers have the authority to enforce parts of the State Law. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 12 of 14 In response to a question from Councilmember Woodruff, Mr. Evenson explained he has reviewed the JPA but the MCWD Board of Directors has not yet acted on it, and the DNR has not provided any feedback about the JPA as of yet. Councilmember Woodruff stated he continues to be troubled by operating this pilot project under a JPA arrangement, noting he expressed this same concern during Council's September 12 "' meeting. He expressed he is also troubled by his interpretation that the project could cover about anything. He stated the JPA refers to an agreement between the City, the DNR, and the Christmas Lake Homeowners Association, noting he is not aware of such an agreement. Attorney Keane staked that agreement dates back to 1986. Woodruff stated he has not seen that document. Councilmember Woodruff explained that a few months ago, the MCWD proposed it assume responsibility for management of AIS within the District. It's his understanding that the MCWD's current 509 Plan needs to be amended to allow it to have that authority. He asked if that has happened. Mr. Evenson explained the MCWD has been told that if it wants to pursue regulatory authority no amendment is required. However, if the MCWD chooses to do other programs beyond that a Plan amendment is required. The MCWD began the plan amendment process and that process will take about six months to complete. Woodruff stated he thought Article 1 Purpose is not very clear and he suggested deleting "...and concurrently develop the capacity to effectively manage access to water resources to help stop the spread of AIS in keeping with the three critical principles stated above." He expressed concern that the Christmas Lake Homeowners Association is not part of the JPA arrangement yet it was going to provide funding for the access gate. He stated his question from two weeks ago about how the SAM Board votes has still not been answered. He also noted the SAM Board is comprised of the mayor and one Councilmember from Shorewood, two representatives from the MCWD and one representative from the DNR. Woodruff stated that from his vantage point Shorewood in Article 4 is committed to open ended spending. He expressed he is troubled by that. lie asked if the MCWD has any authority to enter a boat. It's his understanding that only a licensed peace officer can do that. He asked how revenues for the project will be established and he expressed he is troubled by Article 6.E. He stated he thought the scope under Article 7 Work Plan and Tasks seems to wander around. He expressed concern that each of the three entities has their own insurance yet Article 9 Insurance and Indemnification states the SAM Board will maintain liability coverage. He expressed concern about that and the cost. Woodruff went on to state he can not support the JPA. He expressed that he did not think it is well thought out. He also thinks it is incomplete. He conveyed he thought the logic is faulty in many instances. He commented Council has not had the benefit of reviewing the DNB's and the MCWD's comments. Mayor Liz6e clarified Council is not being asked to approve the JPA this evening. The purpose of this discussion is to provide Attorney Keane with additional feedback. Keane concurred with that statement. Mr. Evenson stated this is the beginning of the JPA creation process, and be thought the DNR will have a number of comments about the JPA document. He explained the MCWD is working with the DNR on delegation agreements. Attorney Keane clarified the Christmas Lake Homeowners Association can not be part of the JPA Councilmember Zerby stated a JPA arrangement is very appropriate from his perspective. He commented that he is not aware of a time when the first draft of an agreement document was perfect. He expressed his comfort with tightening up some of the wording and getting the opinions from the DNR and MCWD. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 13 of 14 With regard to expenditures, he stated a JPA organization or arrangement always has to come back to councils for funding. Attorney Keane clarified there is no appropriation or taxing authority with this body. It only has the revenue provided by participating members. Councilmember Woodruff added or from donations it may receive or from grants. Keane agreed with that addition. Councilmember Zerby stated he thought the JPA conveys the right intent. Mayor Lizee stated she heard there is Council consensus to wait for feedback from the DNR and MCWD. Mr. Evenson expressed his appreciation to Attorney Keane and Administrator Heck for their assistance in drafting the JPA. Mayor Lizee recessed the meeting at 8:59 P.M. Mayor Lizee reconvened the meeting at 9:05 P.M. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated there was a hearing earlier in the day on the ongoing litigation the City is involved in and he thought it went well. He then stated the City received a letter from the Department of Natural Resources informing the City that it can install a control access gate at the Christmas Lake boat launch and establish operational hours for that access. Director Brown stated asphalt was put down on Smithtown Way. The Murray Hill Road storm sewer improvement project is complete. The no- right -turn sign out of the Cub parking lot on to Lake Linden Drive has been removed. The new City entry identification signs have been received and Staff will begin replacing the obvious signs and prepare a map for the ones that are not so obvious. He attended the third session of the Metro Cities Policy Committee's meetings on transportation. The Silverwood Park shelter trail has been paved. So has the short section of path to the swing in Cathcart Park. He met with contractors that will install the control access gate at the Christmas Lake boat launch area and the gate should be installed over the next two weeks. Engineer Landini stated two coats of Otta seal have been put down on Enchanted Point Road. He noted the class 5 material has been left on top. The sign inventory is complete. Council will be given a demonstration of the sign inventory management software during a future work session. Councilmember Woodruff stated he has spoken with a couple of residents who are pleased with the outcome of Enchanted Point Road. Director DeJong explained Staff has received preliminary runs of the City's potential refunding of its 2005 and 2006 Water Revenue Bonds from Northland Securities. Those documents are being reviewed to determine if it makes sense to do an advanced refunding of the bonds which requires a minimum savings of three percent of the net present value of the bonds. lie noted the 2005 bonds are callable January 1, 2013, and the 2006 bonds are callable January 1, 2014. Councilmember Woodruff stated he wants Staff to bring back an option to basically retire the bonds or at least most of them. The interest rate the City is CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 26, 2011 Page 14 of 14 earning on its money in the bank is almost nothing. DeJong noted it would be substantially in the future before that could happen. Director Nielsen stated the Planning Commission is holding an open house about the future redevelopment of Smithtown Crossing from 5:00 — 7:00 P.M. on October 0'. He displayed copies of graphics that will be on display during the open house. The Smithtown Crossing redevelopment report will be available on the City's website on September 27 "'. Attendees will be asked to fill out a comment sheet on the information provided. Councilmember Zerby asked if there is an update on the demolition of the gas station located on the Smithtown Crossing site. Director Nielsen responded no. Councilmember Woodruff asked for a status update on the demolition of the house on the property the City recently purchased. Administrator Heck explained he has been working with Excelsior Fire District Chief Gerber to get the site prepared for a live burn exercise. Heck noted the City has to get an asbestos assessment. Director Nielsen provided a brief updated on the City's sustainability efforts. He displayed a Minnesota Green Steps work sheet which reflects the City has already done many of the steps or they in progress. Councilmember Zerby asked when Nielsen plans to submit the list of what the City has done to Minnesota Green Steps. Nielsen stated the Planning Commission will review the list during its October 18 meeting. B. Mayor and City Council Councilmember Zerby stated he attended the movie in the park event on September 16` and he thought it was well attended. Mayor Lizee stated an Oktoberfest event is scheduled for October I" at the Southshore Community Center. She asked that the event be noticed as a majority of Councilmernbers may be in attendance. She stated the Excelsior Fire District Open House is scheduled for October 13` from 6:00 — 8:30 P.M. 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of September 26, 2011, at 9:24 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Lizee, Mayor