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10-10-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 10, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee called the meeting to order at 7:04 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Zerby moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, September 26, 2011 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of September 26, 2011, as presented. Motion passed 4/0/1 with Siakel abstaining due to her absence at the meeting. B. City Council Regular Meeting Minutes, September 26, 2011 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of September 26, 2011, as presented. Motion passed 4/0/1 with Siakel abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Luke 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 B. Setting the Date for the Appreciation Event C. Adopting RESOLUTION NO. 11 -052 "A Resolution Approving a Change Order 1 for the 2010 Murray Hill Road Storm Sewer Improvements, City Project No. 10 -11" and RESOLUTION NO. 11 -053 "A Resolution Accepting the 2010 Murray Hill CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 2 of 12 Road Storm Improvement Project and Authorizing Final Payment, City Project No. 10 -II". 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. Recognition of Service for park Commissioner Josh Trent On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked Josh Trent for his five years of service as a Park Commissioner. Lizee stated Mr. Trent had a lot of good ideas and that Council is sorry he had to relinquish his position. Mr. Trent stated he had just moved into the community when he first became a Park Commissioner. He then stated he is impressed with the how the Commission has evolved. It moved from being primarily a maintenance organization to a very forward thinking organization. He noted he thought the City -owned parks look the best they have ever looked during the time lie has resided in the City. He explained his career travels prohibit him from being able to attend the required number of Commission meetings. He thanked Council for the opportunity, Mayor Lizee stated she agreed with Mr. Trent's perspective on how the Park Commission has evolved. It has become more outward thinking. She then stated she hoped that Mr. Trent would consider serving on a commission in the future. Lizee presented Mr. Trent with a plaque of appreciation and recognition 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 October 11, 2011. S. PLANNING No report was given on the October 4, 2011, Planning Commission meeting. A. Comprehensive Plan Amendment— Adoption of Trail Implementation Report Administrator Heck explained earlier in the year Council established an Ad Hoc Trail Committee, The Committee developed a Trail Plan Implementation Report (the Report). The draft of the Report was forwarded to the Park Commission for review and comment. After that the Planning Commission held a public hearing on the Report. The Planning Commission has recommended a very small amendment to the Comprehensive (Comp) Plan that to include the Trail Plan and the Trail Implementation Report CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 3 of 12 subject to review and comment by the Metropolitan (Met) Council and adjoining cities. A copy of a draft resolution amending the Comp Plan is included in the meeting packet. If the resolution is adopted the amended Comp Plan Report will be forwarded to the Met Council and adjoining cities. The Met Council will have 60 days to comment on the Trail PIan and the Report portion of the amended Comp Plan. He noted the Trail Capital Improvement Program (CIP) has been taken out of the Report because the costs in it need to be revised. Hotvet moved, Zerby seconded, Adopting RESOLUTION NO. 11 -054 "A Resolution Adopting an Amendment to the Shorewood Comprehensive Plan 2009 Pertaining to Trail Implementation for the City of Shorewood" as amended to change "July 2010" to "July 2011'. Motion passed 510. Mayor Lizec thanked everyone for their efforts. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL /NEW BUSINESS A. Local Trail Connections Grant Application — Smithtown Road Mayor Lizee stated Council is being asked to consider two Minnesota Department of Natural Resources Local Trail Connections Program Grant applications this evening. This application is for constructing 9500 linear feet of paved trail along Smithtown Road from the city borders of Shorewood and Victoria to the LRT Trail. Councilmember Woodruff stated the cover memo for the application states the grant will reimburse the City for 75 percent of the trail construction cost. He asked what the total cost will be. Administrator Heck responded Staff is using a cost of $25 per linear foot. Councilmember Zerby suggested changing "9500 linear feet of paved trail from Smithtown Road" to "9500 linear feet of paved trail along Smithtown Road ". He noted he has been in support of doing this for 18 years. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 11 -055 "A Resolution Supporting the Grant Application Made to the Minnesota Department of Natural Resources for the Local Trail Connections Program" subject to changing "from Smithtown Road" to "along Smithtown Road" and changing "percent math" to "percent match ". Mayor Lizee stated she appreciates all the work that Staff has done on this. She recommended getting the Minnetonka School District involved with this project. Motion passed 510. B. Local Trail Connections Grant Application — County Road 19 Administrator Heck stated this Minnesota Department of Natural Resources Local Trail Connections Program Grant application is for constructing 1200 linear feet of paved trail from the LRT Trail on County Road 19 Tonka Bay /Shorewood border to Smithtown Road. He noted the grant will reimburse the City for 75 percent of the trail construction cost. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 4 of 12 Councilmember Woodruff suggested the resolution be amended to change "from the LRT on County Road 19, Tonka Bay /Shorewood border to Smithtown Road" to reflect that it should connect to the existing hail in Tonka Bay. Councilmember Zerby stated this is another great idea. This connection is the missing link. It will provide a connection from the LRT Trail to Badger Park, the Shopping Center, the Southshore Community Center and City Hall. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. II -056 "A Resolution Supporting the Grant Application Made to the Minnesota Department of Natural Resources for the Local Trail Connections Program" subject to changing "from the LRT on County Road 19, Tonka Bay /Shorewood border to Smithtown Road" to "from the URT on the east side of County Road 19 in Shorewood, connecting to the existing trail in front of the Tonka Village Shopping Center in Tonka Bay" and changing "percent math" to "percent match ". Motion passed 5/0. C. Amendment to the Excelsior Fire District Joint Powers Agreement Administrator Heck explained the Excelsior Fire District (EFD) five member cities are being asked to adopt a resolution approving the third amendment to the EFD Joint Powers Agreement (JPA). The amendment changes the timeline for approval of the EFD Capital Improvement Program (CIP) and the EFD Operating Budget. The amendment would change the date the cities have to vote on the CIP by to September 1S from July 15` It will change the data the EFD has to submit its Operating Budget to the cities to August 10 from June 15' and the date the cities have to vote on the budget by to September 15 "' from September I". The current budget timeline has been problematic due to the required contribution to the Excelsior Firefighters Relief Association (EFRA) fund for pensions. The EFRA files its final paper work for determining the amount of the required contribution with the Office of the State Auditor (OSA) on July 31 ". The OSA determines what the contribution is. The proposed dates are what were used for the 2012 budget process. Heck noted the member cities' City Administrators /City Manager and the EFD Governing Board recommend the timeline changes be approved. Director DeJong explained Council usually adopts its final preliminary budget and maximum tax levy during its last regular meeting in August. That will now be moved to its first meeting in September. Siakel moved Zerby seconded, Adopting RESOLUTION NO. 11 -057 "A Resolution Approving the Third Amendment to the Excelsior Fire District Joint Powers Agreement" regarding the timeline for amoral approval of the Capital Improvement Program and the Operating Budget. Motion passed 5/0. D. Amending Chapter 308 of the Shorewood City Code as it Pertains to Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales Administrator Heck stated the meeting packet contains a copy of a draft amendment to the City Code Chapter 308 titled Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. He highlighted some the changes proposed. In the purpose section hawkers were deleted; solicitors and canvassers were added. In the definition of garage sales and in exclusions for garage, rummage and craft sales the words "community center, school" were added to premises and locations. The City currently charges a $50 fee to cover the cost of a background check and other administrative costs. If an application CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 5 of 12 is denied the City refunds 50 percent of the annual fee paid. Staff proposes dropping the refund provision and increasing the fee to $100. He noted the City of Excelsior charges a 'fee of $120 and some of the fees charged by other surrounding cities range from $75 to $100. Councilmember Siakel stated she is not in favor of raising the fee to $100. To her it seems it would penalize those people who are applying for licenses. She then stated if the $50 covers the administrative costs she prefers that it stay at $50. She suggested Staff put more effort into trying to get others to apply for licenses. She asked what the rationale is for allowing door -to -door activities to occur from 9:00 A.M. — 9:00 P.M. She stated 9:00 P.M. seems late to her and she recommended changing that to 7:00 P.M. She suggested publishing something in the City's newsletter reminding residents to ask solicitors and canvassers to show a copy of their license. Administrator Heck stated Staff did not address the time of operation. Staff can do that if it's Council desire. Councilmember Zerby asked where the sale of things such as girl scout cookies fit in. Administrator Heck responded Staff didn't talk about organizations such as girl and boy scouts, sports teams and so forth. Attorney Keane stated previously there were categories of exempt canvassers which expressly included girl scouts, boy scouts, school age organizations and so forth. Keane then stated the primary concern is the unidentified party going door -to -door; not the well intended canvassers. Councilmember Zerby stated section 308.05 states for those exempt they must provide a complete list of all of the individuals who will be doing the canvassing as well as their addresses and dates of birth for background review and that is to be given to the police department. Administrator Heck proposed this item be continued to the next meeting in order to give Staff the opportunity to incorporate types of sales and organizations that will be exempt from paying the license fee. Mayor Liz6e recommended leaving the license fee at $50. Administrator Heck stated $50 fee does cover the administrative costs. Councilmember Siakel noted the cover memorandum for this item states the City usually receives one or two requests each year for a canvassing license from organizations such as the Fund for Public Interest Research and Clean Water Action Alliance. It also stated there are 6 — 12 canvassers that request a license for that organization. Councilmember Woodruff suggested organizations such as the Mound Fire Department be added to the list of exempt organizations, noting they do show up in uniform to solicit for their fish fry. He also suggested the duration of the license be changed to "not to exceed one year or part thereof for which it has been issued" in Section 308.08. He agreed with keeping the license fee at $50. There was Council consensus to continue this item to the October 24, 2011, Council meeting. E. Domestic Partner Registry Discussion Administrator Heck noted that Mayor Liz6e had asked him to the research domestic partner registration topic about a month ago and to put it on a meeting agenda. He stated the City of Hopkins has adopted a domestic partnership registration ordinance as have a number of other cities in the State of Minnesota. It CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES October 10, 2011 Page 6 of 12 applies to same gender or opposite gender couples. He asked Council if it wants Staff to prepare draft language for this. Mayor Lizee stated this issue has been talked about in the State for at least 20 years. She noted the first domestic partner registration was in the City of Minneapolis in 1991. Since then the Cities of Duluth, Edina, Golden Valley, Maplewood, Minnetonka, Red Wing, Richfield, Robbinsdale, Rochester, St. Louis Park and St. Paul have also approved domestic partnership registration ordinances. She explained that during the candidate forum last year that was one of the questions posed to the candidates. There was not a lot of understanding about it at that time. Since then, there have been more discussions about it in the City and the surrounding communities. She thought it important for Council to discuss. She asked Council if there is interest in pursuing this. Councilmember Siakel stated there is no liability to the City if it approves such an ordinance. She then stated she thought it is a respectful thing to do, noting it's a sign of the times. Siakel moved, Woodruff seconded, accepting a domestic partner registry and directing Staff to prepare a draft Domestic Partnership Registration Ordinance for the City of Shorewood for discussion and consideration during a future Council meeting or work session. Councilmember Woodruff stated this is not a LGBT issue. It's about two people, a male and a female, who decide to live together and want some of the benefits of a relationship that this type of registration may make available to them. It's his understanding that in a health care situation if a partner is not a family member hospitals typically restrict that partner's access to the other partner when they are in a hospital. It's also his understanding that a number of hospitals will accept a person as a partner if the couple has a domestic partnership registration. He stated he would like to have this topic come back to Council for further discussion. He then stated he wants to see a draft ordinance which outlines what the City would be committing to. He asked what happens if a couple splits up after they register their partnership. Mayor Lizee stated there is a proviso for that. Mayor Lizee noted Hopkins has a copy of its ordinance on its website. Administrator Heck stated he will prepare a draft ordinance for discussion during Council's next meeting. He noted he has copies of ordinances from the Cities of Edina, Hopkins, Golden Valley and others. He also has a copy of a document that dissolves the registry. Councilmember Zerby stated he thinks further discussion is warranted. He then stated he thought this should be done at the State level. Councilmember Ilotvet stated things often start at the city level. Mayor Lizee stated when things start locally the State gets it. Zerby stated it's his understanding there has been discussion about amending State Statute to address this. Lizee clarified that is a totally different item. Motion passed 510. 11. OLD BUSINESS A. Stop Sign Request — Yellowstone / Glencoe Road Administrator Heck explained that during its May 23, 2011, meeting Council considered a request for the installation of stop signs at the intersection of Yellowstone Trail and Glencoe Road. Staff recommended the request be denied based on the results of a traffic study and the current City policy related to the placement of signs. If there was sight line issues Staff took steps to clear brush, vegetation and tree limbs CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 7 of 12 to improve the sight lines. Council denied the request. Scott Haskins and some of is neighbors have asked Council to reconsider the request. Staff again recommends Council deny the request for the same reasons. Engineer Landini stated he provided Council with information on warrants for stop signs. He reviewed them. The first is for stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes. The second is stopping the direction that has obscured vision, dips or bumps that already require drivers to use Tower operating speeds. The third is stopping the direction that has the longest distance of uninterrupted flow approaching the intersection. The fourth is stopping the direction that has the best sight distance to conflicting traffic. Landini reviewed the conditions of which one of them should exist to warrant a stop sign at an intersection. An intersection of a less important road with a main road where application of the normal right -of -way rule would not be expected to provide reasonable compliance with the law. A street entering a through highway or through street. An unsignalized intersection in a signalized area. Other intersections where high speed, restricted view, and crash records indicate a need for control by the stop sign. Landini explained for the May 23` meeting Staff provided Council with crash data from the Minnesota Crash Mapping analysis tool from the Minnesota Department of Transportation (MnDOT). The data shows there were not any crashes at the intersection. There were two crashes in the area but they were both leaving the roadway incidents. Traffic counters were put out on two days. There were 722 — 752 vehicles traveling from one direction on Yellowstone Trail, and 817 — 897 traveling from the other direction. The 85"' percentile speed (the speed 85 percent of the vehicles were going) recorded on Yellowstone Trail was 29.92 -- 29.89 miles per hour for the heavier traveled direction, and it was 28.57 — 28.74 miles per hour for the lesser traveled direction. The data indicates there isn't a speed problem. The volume of vehicles isn't enough to warrant a stop sign. There are no obstructed views. He displayed four pictures of views from the intersection. I noted Glencoe Road is the north /south road and Yellowstone Trail is the east/west road. He also noted there are stop signs on Glencoe Road. Mayor Liz& stated it is her recollection that during the May 23` discussion it was more of a sight line issue. Residents complained the visibility wasn't very good. During that meeting Council directed Staff to mitigate any sight line issues. Scott Haskins distributed a memorandum authored by his neighbor (who lives across the street from him) Stephanie Sisneros, 23535 Yellowstone Trail. He stated 7 — 8 families live in the area he does. When they moved in they didn't expect vehicles to be traveling 50 — 60 miles per hour. He thanked Engineer Landini for getting him the traffic report. He stated 800 vehicles per day is a lot. He then stated he hoped the 85 "' percentile speed record of 28 — 29 miles per hour is true; that is a reasonable speed. He related that Ms. Sisneros believes the vehicles are traveling 50 — 60 miles per hour, noting she is at home during the day. He related he and his neighbors appreciate the City putting the speed buggy out for a while. He stated he and his neighbors are trying to protect their children. He noted that people walk on the roadway every day. He stated he believes there is a blind spot in the intersection. Mr. Haskins noted that both of his children are hearing impaired. He stated if they can't hear a vehicle coming and the vehicle is traveling at 50 miles per hour it's a lot different than if it is traveling 30 miles per hour. He noted Ms. Sisneros has a child with autism and the child gets distracted. It's easier for her to go and get the child if vehicles are traveling slower. He stated the issue for him is safety. He then stated they are not trying to stop the thoroughfare street, which is what he thinks it is. He commented there is a four -way stop further east a few blocks on Yellowstone Trail where it turns into Academy Avenue in the City of Excelsior. That area is also a bus stop as is the area near where he lives. He questioned why there is a four -way stop at one intersection and not at a similar intersection. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 8 of 12 Mayor Lizee asked if it's the neighborhood's wish to have a four -way stop sign installed at the intersection. She explained the traffic study indicates it doesn't satisfy the criteria for need. She noted the speed buggy can track vehicle speeds even when the speed is not illuminated. She stated speeds are difficult to judge when a person is standing in their front yard. She then stated in lots of traffic studies done in City neighborhoods it became evident that it's the local residents who are the speeders because they know the neighborhood and roads well. Councilmember H,otvet thanked Mr. Haskins for bringing this up, noting the main concern in the community is safety. She commented that she has two children and she lives along a drag racing track on Strawberry Lane. She stated she wants Council to discuss this more. She then stated that it's extremely important to her to try and address a group of residents' concerns. She went on to state she thought the residents had just cause to come before Council with their request. Just because the traffic study data says a stop sign isn't warranted she wants Council to discuss other options. Councilmember Zerby stated stop signs can be obeyed or not obeyed. Over the years Council has been told by law enforcement personnel that a stop sign can at times be more dangerous if drivers don't adhere to it. That's particularly true when new stop signs are put up. He then stated the map of the intersection shows a lot of pavement. He explained that he has heard that putting something such as a concrete structure or a flexible tube in the middle of the road calms traffic down. The City could look into something like that. He stated he is not sure a stop sign at that intersection will solve the problem. Councilmember Hotvet noted that Yellowstone Trail is a very dangerous road to walk along. She stated there should be someway to slow speeders down. She commented that people drive freakishly fast on Yellowstone Trail, Councilmember Siakel stated this speaks to the need for a trail or something to improve pedestrian safety along that corridor. Site then stated the City has turned similar requests down in the past. The City has established a process for determining when a sign is deemed to be appropriate and this request doesn't comply with the City's policy. She expressed her discomfort with approving this request after the City has denied similar requests. She went on to state she likes the idea of doing something to try and slow vehicle speeds down, or to meet the residents' needs for children with special needs. Mr. Haskins agreed with Councilmember Hotvet's description of traffic traveling freakishly fast on Yellowstone Trail. He stated from his and his neighbors perspectives vehicles travel much faster than 29 miles per hours. Councilmember Siakel stated drivers should have mutual respect for one another when driving throughout the City neighborhoods. She then stated she Like Councilmember Zerby's idea of putting something in or near the intersection that will slow traffic down. Director Brown stated Staff can look into traffic calming solutions to slow traffic down. He then stated he supports the recommendation to deny the request. He noted the warrants are State warrants. The City can override them but the City would carry the liability that goes along with that decision. He explained years ago the City agreed to a request to install a stop sign. It was removed later on because drivers frequently chose to not stop at it. He stated there is a stop sign in the CUB Foods parking lot at least every 50 feet. If the signs are not respected people roll past them. He then stated other signs such as hearing impaired signs may be more effective at slowing traffic down. The City would have to solicit neighborhood feedback before considering that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 9 of 12 Councilmember Woodruff stated when he originally received this request he thought the issue was the sight line which Engineer Landim has explained is not an issue. Ms. Sisneros doesn't share Landim's perspective. It does sound like speed is an issue. He commented that he doesn't know how many times he has sat at the intersection north bound on Lake Linden Drive at Yellowstone Trail and watched drivers roll past that stop sign. He stated he thought he heard someone say there is an issue with people being able to cross Yellowstone Trait at Glencoe Road. He suggested consideration be given to stripping the crosswalk and installing a sign saying you must stop for pedestrians in the crosswalk. Steve Haskins, 5455 Tim Lane stated he is Scott Haskins' father and therefore spends a fair amount of time in that neighborhood. He noted in the sight line photographs displayed earlier there is no foliage because of the time of year they were taken in. When foliage is out it's difficult to see vehicles until you are half way out into the intersection. He also noted he has almost been hit by another vehicle a number of times when trying to back out of his son's driveway because of foliage. He suggested Staff check out the sight lines before the foliage comes down. Councilmember Woodruff stated a year ago he was told there was a sight line issue when trying to enter on to Yellowstone Trail or cross the intersection from either northbound or southbound Glencoe Road. He had not been told there was an issue with backing out of driveways. He noted the residents that spoke to him last year live on the south end of Glencoe Road. Steve Haskins suggested the City research site lines further east on Yellowstone 'frail from the intersection. Mayor Lizde stated it's the City's responsibility to make sure the right -of -ways are clear. She then stated during Council's October 23 discussion Staff was directed to make sure the sight lines at the Yellowstone Trail and Glencoe Road intersection were clear. She assumed Public Works personnel trimmed the sight line foliage this past summer. She clarified that it's her understanding that Council wants to research traffic calming options. Councilmember Siakel recommended Council solicit input from residents living near the intersection. Scott Haskins stated almost all of his neighbors want a stop sign installed. He expressed he thought they would be open to additional ideas as well. He stated he would not have a problem with hearing impaired related signs. He noted the area has a lot of single family homes in it so there will always be a safety issue for children because of vehicle traffic. Councilmember Zerby stated he understood Council to express interest in pursuing alternatives. He noted that he doesn't think a stop sign will solve the issue. He stated there is a need to modernize Yellowstone Trail. It has been a thoroughfare since it had yellow painted rock that people followed out to Yellowstone Park. It has been an expressway for many years. It's time to bring it into compliance with what its use is today. Director Brown suggested havin the professional traffic engineer with WSB & Associates come before Council to provide it with his recommendation and to evaluate the sight lines at the intersection. There was Counci I consensus to have that done. 12. STAFF AND COUNCIL. REPORTS A. Administrator and Staff CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 10 of 12 Administrator Heck stated Joe Shneider, President of the Christmas Lake Homeowners Association (HOA), left him a message telling him that the gate fixture has been installed at the Christmas Lake boat launch but the physical arms have not been installed. He then stated he has been reading comments posted on the website ww w.idofishin ,. in. "There is a discussion forum about the controlled access gate at the launch. There has been some discussion about people potentially wanting to intentionally infest Christmas Lake with zebra mussels. He noted there is a lot of misinformation about the Christmas Lake pilot program for controlling the infestation of aquatic invasive species in the Lake. He suggested the City do what it can to make sure true information is put out there. He went on to state that Director Nielsen, Councilmember Hotvet, Julie Moore and he have identified the items the City has to do as part of the GreenSteps program it's participating in. The group developed a work program for that and assigned responsibilities for tasks identified. He noted he will have a more thorough report for Council during Council's next meeting. 1. Monthly Budget Report Director DeJong stated the meeting packet contains a copy of the August 2011 Monthly Budget Report. The budget is on target. 2. Mayor and City Council Councilmember Woodruff stated the residents that live in the Westonka School District are being asked to vote on three ballot questions to provide additional education funding from local property taxes for Westonka Schools. The residents that live on Enchanted and Shady Islands are part of that District. He encouraged people to vote in favor of the bond issues. He then stated there is a candidate forum for Westonka School Board candidates scheduled for October I I t " Councilmember Siakel stated she is seeking Council's guidance on a Lake Minnetonka Conservation District (LMCD) matter. She explained the LMCD began harvesting Eurasian Watermilfoil (milfoil) in Lake Minnetonka (the Lake) in 1989. Its intent was to address impediments to public navigation caused by milfoil. The LMCD does not harvest inside of a private dock use area nor does it harvest outside of a private dock use area if milfoil is not causing an impediment to navigation. The metrics used to gage the efficiencies of the harvesting program are total acres harvested and truckloads removed. The 2011 budget for harvesting was slightly more than $91,000. The Minnesota Department of Natural Resources (DNR) contributed about $32,800 to that. The rest of the funding primarily comes from the LMCD member cities. Siakel then explained that in July 2011 one of the LMCD's three harvesters capsized. The cost of a replacement harvester is approximately $170,000. The LMCD will be reimbursed approximately $32,000 by the League of Minnesota Cities Insurance Trust (LMCIT) if the LMCD does not replace the harvester and approximately $65,000 if it does replace it. The LMCD has about $90,000 in an equipment replacement fund. The LMCD is looking for a contribution in 2012 to help fund the purchase. Siakel stated the LMCD Board has been debating whether or not harvesting has been effective. She noted the LMCD has been a participant in the three -bay milfoil chemical treatment pilot program. In 2011 two additional bays were treated. Those five bays have not been harvested as much as in the past. She stated she doesn't think the harvesting program should be stopped totally. She questioned how many harvesters are actually needed. She stated she does not think the current metrics of acreage and tonnage give an accurate assessment of the effectiveness of the program. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 11 of 12 Siakel then stated she supports having a comprehensive aquatic invasive species (AIS) management plan developed before a decision is made about purchasing the replacement harvester. She reviewed requests she made to the LMCD Board. She asked that the metrics used to assess the effectiveness of tine harvesting program be reevaluated. She recommended a comprehensive AIS management plan be developed. She suggested the LMCD evaluate the option of contracting for harvesting services. Because of the positive results from the chemical treatment she asked how much of the Lake needs to be harvested for navigation reasons. She questioned what the critical navigation points are in the Lake. Siakel asked Council to give her some direction. She stated she can not support purchasing another harvester until a comprehensive AIS management plan has been developed. She recommended the harvesting program be reevaluated, noting that has not been done since the program was started. Mayor Lizee expressed her support for developing a comprehensive AIS management plan before making a decision about whether or not to replace the harvester. She explained the harvesting program has been maintaining the channels of navigation over the course of a summer. She noted flowering rush, an AIS, spreads faster if it's cut. Councilmember Zerby expressed his support for developing a comprehensive AIS management plan before making a decision about whether or not to replace the harvester. Councilmember Hotvet expressed concern that the harvesting program hasn't been reevaluated since it was first implemented. Councilmember Woodruff stated he agrees there is a need for a comprehensive AIS management plan. He noted the LMCD AIS Task Force attempted to develop such a plan two years ago; it wasn't successful. He stated he thought it was time to attempt that again. He explained the report on acreage and tonnage harvested is just a report. What gets harvested is just a level of effort. There are a certain number of people for a certain number of hours who work the harvesting program each summer. The acreage and tonnage harvested varies from year to year depending on milfoil growth. Woodruff then stated he believes there is a need for the harvesting program for navigation reasons until a suitable replacement option is identified and implemented. He recommended the LMCD Board do some soul searching about whether or not to replace the harvester and to assess whether or not the LMCD can make do with two harvesters. He stated that unfortunately a discussion about those items becomes political and there is a lot of misinformation conveyed. He commented there are a number of individuals who want the entire $91,000 to go toward the chemical treatment of milfoil. He stated the $91,000 will not help at all with chemical treatment because it is such a small amount of the total cost to do it. Councilmember Siakel clarified that critical navigation does not mean just the channels. It does mean out from docks. She stated the needs of the Lake have to be identified before the need for a new harvester can be determined. Councilmember Zerby stated the Excelsior Fire District's Fire Prevention Open House is scheduled for October 13, 2011, from 6:00 P.M. — 8:30 P.M. He highlighted some of the demonstrations that will be put on and displays there will be. Director Brown noted that after Council finished discussing domestic partnership registration agenda item Phil Duran of Outfront Minnesota came and left off some documents. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 10, 2011 Page 12 of 12 Mayor Lizee noted there is a candidate forum scheduled for October 18 "' for the Minnetonka School District School Board candidates and it will be held at Minnetonka City Ball. She then noted that three women from the greater South Lake area died recently. She stated she had revered the women. They stood out in the community and they led the way on a number of issues. Their names are Georgianna Knapp, Dorothy Leitzman and Nancy Smith. She thanked the women's families for sharing them with the community. Their leadership in the community helped a lot of people. 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of October 10, 2011, at 8:30 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder dJ A ATTEST: Christine Lizde, Mayor Brian Fleck, City A}lthinistrator /Clerk