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01-28-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2013 MINUTES 1. CONVENE CITY COUNTCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, Sandberg, and Woodruff; Attorney Keane; City Administrator Joynes; Planning Director Nielsen; Director of Public Works Brown; and, Interim City Engineer Homby Absent: Finance Director DeJong B. Review Agenda Woodruff moved, Sandberg seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 7, 2013 Siakel moved, Woodruff seconded, Approving the City Council Special Meeting Minutes, January 7, 2013, as presented. Motion passed 5/0. B. City Council Special Meeting Minutes, January 14, 2013 Woodruff moved, Siakel seconded, Approving the City Council City Council Special Meeting Minutes, January 14, 2013, as amended to remove Item 2.11 from the minutes because RJ Lavalee withdrew his request to be considered for the Lake Minnetonka Communications Commission Board prior to the interview process. Motion passed 510. C. City Council Regular Meeting Minutes, January 14, 2013 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of January 14, 2013, as amended to change "Motion passed 5/0." to "Motion passed 4/0." in Item 3, Item 8.A, Item 1LB, and Item 13. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 2 of 11 B. Position Descriptions Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. Discussion moved to Item 8.A on the agenda. 6. REPORTS AND PRESENTATIONS A. Representative Tad Shaw and Executive Director Tim Litfin Report on Minnetonka Community Education Activities This was discussed after Item 9.A on the agenda Mayor Zerby stated Tad Shaw, the City's representative on the Minnetonka Community Education (MCE) Advisory Council, is present this evening to discuss NICE activities. Mr. Shaw explained MCE publishes a catalogue of programs it offers three times each year. MCE offers early childhood family education (ECFE) programs, youth programs, and adult programs. It is mailed to every household in the Minnetonka School District. He noted one of the upcoming programs is a Starwatch Parry that Mike Lynch, a broadcast meteorologist for WCCO radio and an astronomer, is going to conduct on March 11, 2013, at the Clear Spring Elementary School. Ms. Shaw noted the MCE is self - funded. He explained that fifteen percent of its funding comes from tax money through the State of Minnesota. The amount is based on, for example, the number of children in the Minnetonka School District and the number of people with disabilities in the District. MCE does not receive funding directly from the cities in the District. He stated MCE handles adult basic education and English as a second language education which both have academic overtones. Mr. Shaw stated that MCE Executive Director Tim Litfin has been with MCE for eight years. He noted that Mr. Litfin started the Tour de Tonka event. Mr. Litfin stated the MCE Advisory Council meets six times a year. He explained MCE offers over 1000 youth programs, classes and events throughout the year on a variety of topics. Chess is a large hit for youth. There was a chess tournament before the holiday season with about 100 youth participating. It's rolling out its iPad classes for adults this winter and they are all full. Mr. Litfin explained on January 26 " MCE held its pre - school open house for the 2013/2014 school year. There were 87 new families that attended the open house. In addition to the 87 there were around 300 more people in the MCE facility for the open house. MCE's pre- school and explorer's program is a wrap- around program. A family might send their 2.5 — 5 year old child to pre - school for 2.5 — 3 hours each day and wrap the explorer's program (the day care component) around that. The explorer's program will offer a dance lesson, a piano lesson, and a language lesson. He displayed statistics for the pre - school program CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 3 of 11 classes for the 2011/21012 school year and 2012/2013 year to date. For Baby & Me it was 135 and 75 respectively. For ECFE it was 244 and 269 respectively. For Minnesota Preschool it was 348 and 330 respectively. Mr. Litfin then highlighted statistical information about the Holiday Family Giving service program for 2012 that MCE organizes. It is for local families that are in need during the holiday season. Families submit their names indicating they are in need and then they are provided gifts or gift cards. It is anonymous to the families in need. MCE matches up families for those families in need. In 2012 189 local families were served, 729 local family members were served and 134 families sponsored a family in need. There is a per person limit of $50. Mr. Litfin explained in total more 39,000 people participated in MCE programs for the 2011/2012 year. The large catalogues are distributed to 35,000 households inside and outside of the District (for those who request them). MCE also publishes a smaller catalogue for the EFCE/Pre- School program which is distributed to those families that have children age five or under. Mr. Litfin stated MCE's biggest event of the year is the Tour de Tonka bike ride. The 2012 Tour de Tonka event had the largest number of participants ever. There were 2738 participants. August 3 is the date for the 2013 Tour de Tonka event. For 2013 a 51 mile route is being added. Councilmember Siakel stated Council is having a workshop in the next few months. During that workshop there will be a visioning discussion about the Southshore Community Center (SSCC). She noted programs are offered there. She asked Mr. Litfin to provide Council with some insight about what the SSCC should stop doing, start doing or collaborate on. Mr. Litfin stated he and the manager of SSCC operations met last fall and they are meeting again in a couple of weeks. MCE and SSCC are talking about a common program that will be offered in early May. He noted that some of the programs offered at the SSCC are similar to what MCE offers and many are dissimilar. He stated MCE serves the District while the SSCC serves a smaller area. He then stated it would be beneficial to find out what programs at the SSCC are struggling and then maybe pull back on them and determine what types of programs can be dealt with commonly. Mayor Zerby thanked Mr. Litfin and Mr. Shaw for coming this evening Discussion moved to Item 93 on the agenda. 7. PARKS None. 8. PLANNING A. Report on the January 15, 2013, Planning Commission Meeting This was discussed after Item 5 on the agenda. Planning Commission Chair Geng reported on matters considered and actions taken at the January 15, 2013, Planning Commission meeting (as detailed in the minutes of that meeting). After reviewing the items on the Commission's tentative 20 13 work program, he stated the Commission hopes to finalize its CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 4 of 11 work program during its February 5 meeting. He then stated the Commission welcomes anything Council would like to add to its work program. He noted the Commission plans to meet once a month in 2013. Councilmember Woodruff stated the Planning Commission plans on discussing wind generators as part of its work program. He suggested the Commission also discuss solar generation at the same time. Councilmember Sandberg asked if there has been interest expressed in the City for wind generators. Director Nielsen explained no one has applied for them but there have been a couple of inquiries. He then explained with the current height restrictions in the City Code it would be difficult to do. Sundberg then asked if the inquiries were about residential properties to which Nielsen responded they were. Councilmember Siakel stated she is aware of one residential property with a large solar panel. She asked if there has been a lot of interest in solar generators. Director Nielsen explained solar generators have not been the issue that wind generators have been in part because they don't move and they are not as sensitive to the height restrictions. Solar panels can be mounted on roofs. He stated solar generators seem to be handling themselves. Director Nielsen stated the Planning Commission will discuss both wind generators and solar generators which are both sources of alternative energy. B. Trail Projects Update Director Nielsen explained the City has secured the easement across the property where the bus garage is located that the City needs for the segment of trail that will go from the Lake Minnetonka Light Rail Trail (LRT) on the east side of County Road 19 in Shorewood to the existing trail in front of the Tonka Village Shopping Center in Tonka Bay (the County Road 19 trail segment). There was no cost to the City. Attorney Keane has completed his review of the license agreement with Xcel Energy. The design plan for the trail segment was prepared by HTPO. These documents will be presented to Council for review and discussion during its February 11, 2013, meeting. During that meeting Staff will be asking Council for authorization to obtain quotes. The project is subject to quotes versus bids because it will cost less than $100,000. The quotes should be available for Council's consideration in March. Mayor Zerby asked if Staff has been in contact with Hennepin County to discuss how this trail will intersect with the proposed overpass of the LRT trail at County Road 19. Director Nielsen explained there has been discussion about alternatives but it has not been resolved. The alternatives discussed seem cumbersome. If it is too cumbersome people will want to cross County Road 19 at street level rather than use the overpass. The design for the overpass will have to address minimizing that. Zerby stated it seems as if there is agreement as to where the County Road 19 trail will begin but there is no decision on where it will end. Nielsen stated Staff will be coordinating with the County and the trail will tie into the overpass. Zerby stated it will have to go under the overpass so it will have to be paved. Nielsen stated if the County decides to go up to the first street in Tonka Bay the City would expect the County to extend the trail under the overpass and up to that street. Director Brown noted those are hot topics with Three River Parks District (TRPD). He explained the last time he spoke with representatives from TRPD they were still considering a connection at Manitou Park in Tonka Bay. He stated he has relayed Council's concern about people shorteutting the overpass. TRPD is trying to work out a solution to that. Director Nielsen explained notification letters have been sent out to the property owners who the City will seek easements from for the proposed Smithtown Road West Trail segment (which would go from the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 5 of 11 ShorewoodNictoria border to the Minnewashta Elementary School and then on to the Lake Minnetonka Light Rail Trail at Eureka Road). Survey work has been started. An appraiser has been hired to do the appraisals. The eminent domain portion of the process had been scheduled to start on February 25`i'. That will be extended out due to amount of time that must be given to property owners to review the offers they get. The original milestone schedule indicated the quick take process would take 90 days. That process will take about 120 days. Therefore, there will be another delay. He noted the goal is still to get this project started this season, but there will be an extension from the June start date. He also noted the easements tentatively identified in the design process have been resolved. Additional easements will not have to be acquired for any of those purposes. Mayor Zerby asked about the status of the easement needed from the cemetery. Director Nielsen stated the paper work is not ready to be signed yet. Nielsen commented Staff hopes that is the easiest one to obtain. 9. ENGINEERING /PUBLIC WORKS A. Authorize Expenditure of Funds for Silver Lake Outlet Modifications, City Project 12 -10 Interim Engineer Homby stated the meeting packet contains a copy of a Staff' memorandum regarding authorization of funds for the Silver Lake Outlet modifications, a copy of the quote tabulation and a copy of a draft resolution authorizing the expenditure of funds. Homby explained the existing outlet structure consists of a submerged pipe skimmer pipe that connects to a weir manhole structure in Sweetwater Curve. The manhole is not large enough for access for maintenance for Public Works personnel. The pipe is submerged in Silver Lake and is therefore subject to plugging. A new structure is proposed. The much larger new structure with sidewall inlet will be constructed in the roadway side slope. It will include a weir wall. It will have an overflow over the top; something the current structure does not have that capability. The new structure would be much better and it would be a modern structure for this type of use. Homby stated in addition to authorizing the expenditure of funds the resolution awards the project to G.G. Jedlicki, Inc. for an amount of $49,841. Councilmember Woodruff stated if Council approves this he asked when the project will be completed. Interim Engineer Homby stated the project will be started as soon as the weather allows. Probably close to May 15, 2013. Director Brown explained there are a number of constraints. Equipment cannot be brought to the site until road restrictions are lifted next spring. The water level in Silver Lake also factors into when the project can be started. Brown noted the outlet structure will be constructed in 2013 provided there are not any extraordinary rainfall events. Interim Engineer Homby noted the existing decorative guardrail will be removed as part of the project and it will not be reinstalled after the project is completed. Director Brown commented it is not very decorative. Mayor Zerby asked if there is any opportunity to apply for a grant from the Riley Purgatory Bluff Creek Watershed District (RPBCWD) to help fund this project. Interim Engineer Homby stated the permits are in place, and that he is not aware if there is a grant opportunity. Director Brown explained the RPBCWD had talked about seeking money from the City for the telemetry system that was installed, albeit a minor CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 6 of 11 amount. Brown noted the new structure would give a concrete point of entrance to put that system back in if it is moved for the winter. Mayor Zerby noted it is the City's responsibility to maintain these types of structure. Therefore, he is pleased that this is moving forward. Director Brown stated one of the great benefits of this structure is the residents in the area will be able to see what is going on after it's constructed. Councilmember Woodruff stated the current situation creates somewhat of a safety hazard for Public Works personnel. This solution will help minimize that. Mayor Zerby stated this type of water body is a complex system and one thing will not resolve all of the issues, while noting this is a good step in the right direction. Siakel moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -008, "A Resolution Authorizing Expenditure of Funds for Silver Lake Outlet Modification, City Project 12 -10." Motion passed 5/0. Discussion returned to Item 6.A on the agenda B. Accept Feasibility Report and Set Public Hearing for Valleywood Lane and Valleywood Circle Improvement, City Project 13 -01 This was discussed after Item 6.A on the agenda Interim Engineer Homby noted the meeting packet contains a copy of a Feasibility Report prepared by TKDA for the Valleywood Lane and Valleywood Circle improvements as part of the City's 2013 Capital Improvement Program (CIP). It also contains a copy of a draft resolution accepting the Report and setting a public hearing date for the proposed improvements for February 25, 2013, as well as a Staff memorandum. Homby explained the project consists of street, drainage and utility improvements. The City generally does not assess for those improvements. The project also includes the extension of watermain from Eureka Road to the west along Valleywood Lane to Valleywood Circle. The extension portion of the project is proposed to be 100 percent assessed. The project area is located just west of Eureka Road and north of Smithtown Road. The project would extend storm sewer to Valleywood Circle along Smithtown Lane. A culvert will be installed to provide an overflow from a lower area on the southwest corner of Valleywood Lane and Meadow Lane intersection. The only non - standard part of the roadway will be the portion of Valleywood Lane west of Valleywood Circle where it would only be widened to 20 feet with curb and gutter. That portion serves two properties. It section could be taken out of the project at Council's discretion. Today it is difficult for a plow truck or refuse truck to turn around in the short narrow right of way on the west end. Homby stated that the total cost for the project is approximately $891,400; approximately $743,300 for street, drainage and utility improvements and approximately $148,100 for watermain extension. He displayed a drawing indicating which properties would be assessed for watermain. Interim Engineer Homby noted Staff recommends Council adopt the resolution accepting the Feasibility Report and setting the date for the public hearing for February 25 "'. A workshop for the residents will be held on February 7th to review the preliminary findings in the Report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 7 of 11 Councilmember Hotvet stated she has some friends that live near Valleywood Circle and a few years ago the roadway at that intersection there was under construction. She asked if this project stage two of that effort. Director Brown explained Meadowview Lane was reconstructed and there were storm sewer lines that were added This project would add on to that. He noted that some of the areas that were reconstructed will be disturbed for the addition of cross pipes and a few other elements. He stated ground will not be lost on that. Councilmember Hotvet asked if there is a timeframe for the project. Interim Engineer Hornby noted there is a project schedule in the Feasibility Report. He stated plans and specifications will be presented to Council toward the end of March for consideration and authorization to advertise for bids. The project is scheduled to be done in 2013. Councilmember Woodruff commented there is an existing fire hydrant on the west end of Valleywood Lane. He stated there is a property to the north of that which is listed as being assessed for watermain extension. Yet, the service does not go up to that property. Interim Engineer Homby stated depending on the length an oversized service (a two inch service) may be extended to that property within the easement that is there. Woodruff stated in the past the City has conducted a resident survey to gain a perspective about how property owners feel about watermain extension. He does not see that in the project schedule. Interim Engineer Hornby stated he found the results of a survey in the project file. There were seven responses to the survey and four did not want water. Woodruff stated he would like another survey to be done because the other is old. He suggested it be done before the public hearing is held. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13 -009, "A Resolution Accepting Feasibility Report on Proposed Improvements and Setting Public Hearing Date, City Project 13 -01, Valleywood Lane and Valleywood Circle, Street, Drainage and Utility Improvement Project." Motion passed 5/0. Councilmember Woodruff clarified that this is not a decision to extend watermain. That decision will be made in the spring. 10. GENERAL/NEW BUSINESS A. Appointments to the Planning Commission Mayor Zerby stated just prior to this meeting Council interviewed five applicants for four vacancies on the Planning Commission. He noted he was impressed with the caliber of the applicants. He thanked all of the applicants for applying and he hopes all can serve the City in some capacity. Councilmember Siakel stated having five qualified applicants apply was a nice reminder for the nice community the City's residents live in. She noted she thought the five applicants were excellent. Siakel moved, Hotvet seconded, Adopting RESOLUTION NO 13 -010 "A Resolution Making the Appointments of Jennifer Labadie (March 1, 2013 - February 28, 2015), Sue Davis (March 1, 2013 - February 29, 2016), Tom Geng (March 1, 2013 - February 29, 2016), and Dustin Maddy (March 1, 2013 - February 29, 2016) to the City of Shorewood Planning Commission." Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 8 of 11 B. Establish a Post - Issuance Compliance Policy Administrator Joynes stated the meeting packet contains a copy of a recommendation from bond counsel to adopt a Post - Issuance Compliance Procedure and Policy for Tax - Exempt Governmental Bonds. The document is required by the IRS to insure that any tax - exempt bonds issued by the City remain so and are dealt with in a way that assures bond holders they will be treated that way. He noted this has to be adopted before the sale of the bonds this evening. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 13 -011, "A Resolution Approving Post- Issuance Compliance Procedure and Policy for Tax - Exempt Governmental Bonds." Motion passed 510. IL OLD BUSINESS A. Resolution Awarding Sale, $2,270,000 General Obligation Revenue Refunding Bonds, Series 2013A Paul Donna, with Northland Securities (the City's bond consultant), stated the meeting packet contains a copy of a resolution awarding the sale of General Obligation Water Revenue Refunding Bonds Series 2013A. Prior to the meeting he placed at the dais a brief summary of the bond issue as well as the bid tabulation. Mr. Donna explained the City is issuing these bonds to refund two series of bonds. One was issued in 2005 and the other in 2006. Those two bond issues were originally for improvements to the City's water system. The two series are being refunded to save on future interest cost dollars. Council has authorized a structure that will basically shorten the bond issue as much as possible using the savings. Mr. Donna then explained that prior to the issuance of bonds the City applied for a credit rating from Moody's Investor Services. That was an independent third evaluation of the City's credit. Investors use the credit rating when determining whether or not to invest. About ten days ago Director DeJong participated in a conference call with Moody's. DeJong answered questions representatives from Moody's had related to the City's finances and the economic development climate in the City and area. He noted that DeJong painted the City in a very good light with regard to what is happening with the budget going forward and future plans. Moody's affirmed the City's Aal credit rating. The Aal rating is one notch below the highest rating it could have. The Aal rating is a unique credit rating for a city like Shorewood. Shorewood's valuation totals about half of what the median value is for cities that have this type of raring. The median value for cities in the Aal category is approximately $2.2 billion. The City's is approximately $1.4 billion. The City's population is significantly less than other cities that have this type of rating. He noted the Aal rating is something to be proud of. Mr. Donna went on to explain bids were taken at 10:30 A.M. today. Seven bids were received. All were very strong. The lowest ranged from a 1.1.1 percent true interest cost (TIC) to 1.38 percent. The cover bid FTN Capital Markets had a 1.14 percent TIC. That proved it was a very tight bid market this morning. The Shorewood name and the Aal rating ruled the day and carried the bid rates. The results were fantastic. The savings will be a little more than what was presented in the finance plan. The total savings that will occur over the next nine years will be $340,535 in future value and $306,132 in present value. The existing debt will be shortened by three years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 9 of 11 Councilmember Sundberg stated that two of the bids received were from Minnesota companies. She asked Mr. Donna if he had any comments about the bidders' comparable services and capabilities. Mr. Donna stated all of the bidders are very reputable names in the bond community. Woodruff moved, Siakel seconded, Adopting RESOLUTIONT NO. 13 -012, "A Resolution Awarding the Sale of General Obligation Water Revenue Refunding Bonds Series 2013A, in the Original Aggregate Principal Amount of $2,260,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; Providing for Their Payment; Providing for the Escrowing and Investment of a Portion of the Proceeds Thereof; and Providing for the Redemption of Bonds Refunded Thereby." Motion passed 510. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown stated late this afternoon the City received a message from the Great River Greening (GRG) group informing the City that it planned to burn buckthorn at Freeman Park. The buckthorn removal project has been in the works for quite some time. Over time Staff has received concerns about the burning. GRG purposely delayed the burning until there was enough snow cover to provide added protection for the burn. After many discussions with residents in the Shorewood Ponds neighborhood and also with Excelsior Fire District (EFD) Chief Gerber and Fire Inspector Murphy- Ringate it was decided it would be best if the buckthorn was chipped and hauled away. GRG is going to publish a request for proposal to see if they can obtain a good bid for the chipping and removal. Mayor Zerby stated Public Works personnel have been busy dealing with two or three watermain breaks. Director Brown stated there have been three recently. Brown credited the crew who worked effectively as a team and noted the residents affected were very patient. Brown explained Staff is contacting other agencies including the City of St. Paul to find out if they mix hot mix. Zerby noted some of the calls were on the weekend. Brown explained the crew had a 16 -hour day in freezing cold weather. Despite the fact that the contractor's equipment had some problems because of the cold, the crew did a great job and performed flawlessly. Zerby thanked the Public Works crew for its efforts. In response to a question from Councilmember Sundberg, Director Brown stated the burning was going to be along the edge of Freeman Park near Shorewood Ponds. Sundberg asked how the communication from GRG is being handled to ensure good participation. Brown stated the residents in that area will be mailed a notification card. Sandberg noted that GRG does a great job with buckthorn removal. Sundberg agreed with not burning the buckthorn. Councilmember Woodruff clarified this removal is the tail end of phase 1 of the buckthorn removal project in Freeman Park. It is not about the residents bringing buckthorn to have it taken away. Councilmember Siakel explained this project is a shared grant opportunity the City had with GRG to start removing buckthorn from Freeman Park. B. Mayor and City Council Minnehaha Creek Watershed District Draft Appropriations and Illicit Discharge Detection and Elimination Rules CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 10 of 11 Administrator Joynes stated Council had been provided with a copy of a memorandum from the Minnehaha Creek Watershed District (MCWD) relating to two rules it has drafted as required by State Statute. The rules are an Appropriation Rule and an Illicit Discharge Detection & Elimination Rule. Councilmember Woodruff stated the MCWD is holding a public hearing on the rules on March 281' and written comments must be received by February 28`h. He noted the MCWD is not asking for money. He explained that in essence the MCWD is going to establish a rule that controls people using water out of a water body. He has issue with that because there are many people who own properties that front Lake Minnetonka (the Lake) that have irrigation systems that draw water from the Lake. He noted he is one of them. He explained the proposed Appropriations Rule has an exemption for a public water basin that is 500 acres or more in size. The Lake is more than 14,000 acres. Woodruff stated there are a number of water bodies in Shorewood that are less than 500 acres in size. He is not sure how many of them have water drawn out by irrigation systems. He explained the Appropriations Rule also talks about watercourses that have a drainage area of less than 50 square miles. The Rule states a person can obtain a permit from the MCWD. He stated that from his vantage point a person would have to jump through a lot of hoops to do so. Almost to the point of having to hire an engineer to do a study to provide the data needed. He noted that he spoke to the person at the MCWD in charge of this who informed him that the MCWD was told by the Board of Water and Soil Resources (BWSR) that the MCWD has to have the Rule. Mayor Zerby stated it's his understanding the Appropriations Rule is required because of a new State Statute. All of the watershed management organizations across the State are putting something similar in place. The intent is to stop those who are drawing too much water out of a water basin. It is to be enforced on a complaint basis. A permitting process is not being built into that. He noted if people are drawing out more than 10,000 gallons a day the MCWD would have to investigate to determine the effect on that water body and then deal with that appropriately. Councilmember Woodruff stated he agrees partially with what Mayor Zerby said. He noted paragraph 2 in the Appropriations Rule states a permit from the MCWD is required. Mayor Zerby stated the MCWD is not currently intending to require permits. Councilmember Woodruff stated that is like setting up a rule that will not be enforced. But, if a person gets caught then their stuck. He then stated he thought it behooves Council to decide if it wants the MCWD to have the very restrictive language about what a person has to do to obtain a permit stay in the Rule. He noted he has a problem with writing laws that are not going to be enforced. Councilmember Siakel stated it appears to her that the MCWD would be looking for people who draw large amounts of water from a water body or lake. She noted she does not know anyone who could draw that much water to water their lawn. Councilmember Woodruff stated he thought what Councilmember Siakel did at first. He stated paragraph 2 states "A permit from the District is require to appropriate up to 10,000 gallons per day ..." So it is from gallon one. Mayor Zerby stated there needs to be an adverse effect. Woodruff stated there is no provision for that in the rule, and that it would be a good thing to add. Woodruff suggested Council submit a comment to that effect. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 28, 2013 Page 11 of 11 Councilmember Siakel asked Attorney Keane if Council should be concerned about the wording. Keane stated the Appropriations Rule is a policy initiative and it is pretty much up to Council in terms of its interpretation of this necessity and enforceability. The language itself is not a problem. Councilmember Woodruff noted that he does not know if anyone in the City of Shorewood would be affected by this. Mayor Zerby stated he thought Councilmember Woodruff s comments were worthwhile and that it is appropriate for Staff to pass them on to the MCWD. Other Councilmember Siakel stated she attended an Excelsior Fire District (EFD) Board meeting on January 23, 2013. She explained the calendar of meetings for 2013 was finalized. The Board appointed Excelsior Councilmember Greg Miller as chair of the Board and Greenwood Councilmember Tom Fletcher as vice - chair of the Board. There will be an orientation for new EFD Boardmembers on February 13 " at 6:00 P.M. at Station 1. The orientation is open to other member city council members as well. Those interested in attending should contact EFD Chief Gerber. There is an incident management training session scheduled for January 30 "' from 7:00 — 10:00 P.M. at Long Lake Fire Station 1. The session is intended for newly elected officials or current elected officials who have not taken NIMS (National Incident Management System) training. If people want to attend they should let Gerber know. RUMENRY13161TV-0 Hotvet moved, Woodruff seconded, Adjourning the City Council Regular Meeting of January 28, 2013, at 8:12 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder