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06-09-14 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR. MEETING COUNCIL CHAMBERS MONDAY, JUNE 9, 2014 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, Siakel, and Woodruff; Attorney Keane; City Administrator 7oynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: Councilmem.ber Sundberg B. Review Agenda Hotvet moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, May 27, 2014 Woodruff' moved, Hotvet seconded, Approving the City Council Work Session Minutes of May 27, 2014, as presented. Motion passed 410. B. City Council Regular Meeting Minutes, May 27, 2014 Woodruff moved, Siakel seconded, Approving the City Council Regular fleeting Minutes of May 27, 2014, as presented. Motion passed 410. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 14 -041, "A Resolution Establishing the Purchase Card Policy" C. Accept Proposal for Materials Testing for Valleywood Lane Deconstruction Project Motion passed 410. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 2 of 20 4. MATTERS FROM THE FLOOR Tom Shelly, 27055 Smithtown. Road, stated he is present to talk about drainage concerns at the intersection of Cajed Lane and Smithtown Road. He stated he and his family have lived near that intersection for 10 years. With the addition of the Smithtown Road west sidewalk, the drainage issue of stagnant water is the worst he has seen, noting he thought the sidewalk was a great idea. He asked if the City has a solution to help mitigate that problem and if so when will it be implemented. Mayor Zerby noted that the Minnehaha Creek Watershed District (MCWD) has declared the highest watermark in Lake Minnetonka since records were kept in 1906. He stated that because of the ground water saturation and the amount of rain there are drainage issues throughout the City. Director Brown has been diligent about trying to address the problems. And, Council is interested in pursuing more permanent solutions. Director Brown asked Mr. Shelly if he was talking about the most recent incident about odorous stormwater flowing down the edge of Cajed Lane or is it the sidewalk project. Mr. Shelly stated before the sidewalk was constructed there used to be stagnant water. That issue is worse with the sidewalk there. He understands that water has to flow down that area because the water in the backyards of properties along Beverly Drive needs to go somewhere. He does not understand why there continues to be standing water in front of his property and alongside of his neighbor's properly. Director Brown explained as part of the Smithtown Road sidewalk project staff believes a drain tile line was crushed in front of Woodside Cemetery. Water has pooled up in front of the Twin Orchards property. Staff met with the contractor the previous week and the contractor will be coming back to address that. The issue is further complicated by the tile line that runs from Beverly Drive area. Mr. Shelly clarified his property is located between Afton Road and Cajed Lane. Director Brown clarified the area he is talking about fronts the Cemetery. Engineer Hornby stated that the contractor needs to do the final grading and turf establishment in the sidewalk project area. The seed put in. last fall was for erosion control only; it is temporary. Unfortunately, it has been too wet for the contractor to get in and do the work. The City is aware that there are areas where water is standing in the ditches. His staff engineer has been noting those areas on the punch list of items that the contractor has to resolve before the project is closed out. Mr. Shelly asked if there is any idea as to when the drainage issue at that southeast corner of the intersection of Cajed Lane and Smithtown Road will be resolved. Director Brown asked him to call the office and staff will discuss his drainage issue. Brown noted that dry weather would help with mitigating drainage issues immensely. The contractor cannot do the final grading until it is dry enough to grade. Mr. Shelly asked if staff views the problem as a grading issue. Director Brown clarified that the particular area being talked about has a number of issues. There is the Beverly Drive issue, there are some corrections that the contractor needs to make on the drainage system, and there is the grading issue. Mayor Zerby thanked. Mr. Shelly for bringing the issue to Council's attention and for his patience. He stated he is confident that staff will work with him on how to mitigate the issue. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES June 9, 2014 Page 3 of 20 George Greenfield, 24715 Yellowstone Trail, expressed his appreciation to the Public Works Department for the work it did this past winter and noted it does an outstanding jab all year. He stated there is no comparison between the City's parks and roadways and those in the neighboring cities. He also expressed appreciation for the masons and whoever oversaw the construction of the Smithtown Road west sidewalk. He stated the sidewalk is not only practical it is a thing of beauty as well. Mr. Greenfield explained that about 18 months ago he asked Council to ask the owner /operator of the Minnetonka Country Club golf course to report to the City the amount of chemicals and fertilizer it puts down on the course and the amount of well water it uses annually. At that time Attorney Keane confirmed that water is a public resource. There are a significant number of residential properties abutting the golf course property and those property owners do not want their water supply or water quality compromised by whatever is done on the golf course. He does not think that would be an onerous request for the City to make. Mr. Greenfield stated in his immediate neighborhood over the last three years there have been three properties foreclosed on. In each instance the bank that foreclosed on the property did a very poor job of maintaining the property. The lawn has not been mowed this year on property located at 24745 Yellowstone Trail. That created an invitation for people to break into the house. He asked that City staff speak to the banks that own foreclosed properties within the City limits about keeping the properties up. It degrades the neighborhood when the properties look poor. Mr. Greenfield asked Council if the City has considered asking the Minnetonka School District to provide valet service for children that attend the Minnewashta. Elementary School. He explained there are dozens of cars lined up every school day morning and afternoon. The cars are running and spewing pollution into the air just so the driver's children are not affected by inclement weather. From his vantage point, he thought the School District deceived the City when it asked to expand its parking lot. The lot is not even half full 350 days of the year. Decent houses were removed as part of that process. That indulgence, in addition to the fact that the District attempts to lure children from other school districts, causes more wear and tear and the City's infrastructure from drivers who live in another school district making hundreds and hundreds of trips to the School each year so their children can go to that School. He believes the School District has some responsibility to cooperate with the City and possibly reimburse it for some of the wear and tear. Mr. Greenfield thanked Council for the opportunity to come before it. Mayor Zerby explained the City deals with nuisance issues (e.g., the long grass) on a complaint basis. He thanked Mr. Greenfield for bringing that to Council's attention. Peter Holmberg, 5955 Cajed Lane, noted he lives next door to Mr. Shelly and has lived on that corner for more than 30 years. He stated children are getting hurt by all of the sand in the drainage issue area when they come around the corner on their bicycles. He has complained to the City and from his perspective has gotten nowhere. He has seen high water before and seen the area flooded before. He noted he loves the new Smithtown Road west sidewalk. He has never observed so many people walking by his house. Unfortunately, from his perspective it does not work. Mr. Holmberg stated the two catch basins at Afton Road are located right before the sidewalk and catch the stormwater before it reaches the sidewalk. The stormwater flows down both sides of Cajed Lane and hits an opening simiiar to Lake Pepin. The sand settles at the bottom of the pedestrian ramps. The catch basin is uphill from there on the other side of the sidewalk. He questioned the reason for having the water flow past the sidewalk and around the corner to the catch basins. There is a concrete column that comes CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES .Tune 9, 2014 Page 4 of 20 up in his yard and one in Mr. Shelly's yard. The concrete lip is about one foot higher than what it used to be. All of the stormwater backs up to that dam before it spills. It is a constant mess there. From his perspective it was poorly designed. He noted the situation is the worst he has observed in 30 years. It needs to be corrected. He asked if any members of Council have gone to look at the situation on that corner. He stated he would be willing to give them a walking tour of that area. He encouraged them to give hire a call if they are interested in doing that. He stated he hopes the contractor for the sidewalk project is banned from bidding on work in the City ever again. S. PUBLIC HEARING None, 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District (LMCD) Activities by Greg Nybeck, LMCD Executive Director, and Deborah Zorn, LMCD Board Representative Mayor Zerby stated Greg Nybeck, Lake Minnetonka Conservation District (LMCD) Executive Director, is present to give an update on LMCD activities and the proposed 2015 LMCD budget. He welcomed Mr. Nybeck. Mr. Nybeck stated he was going to talk about the LMCD 2015 budget process, highlight the 2014 programs and activities, and review the proposed 2015 LMCD budget. With regard to the 2015 budget process, Mr. Nybeck explained the LMCD Executive Committee (Board Officers) met on April 22 to talk about the first draft of the 2015 budget. On May 14 the LMCD Board had a preliminary review of the budget and the Board gave approval to send the draft budget to the LMCD member cities. He has been going out to member cities to present the budget. On June 5 there was an informal meeting for elected officials to discuss the budget. On June 11 the LMCD Board will review and hopefully approve the 2015 budget as is or as amended. If not, the final review and approval will be done on June 25. By State Statute the final budget has to be sent to the member cities by July 1. Mr. Nybeck highlighted the LMCD's 2014 programs and activities. Changes were made to the LMCD Code for commercial marinas. The Howard's Point Marina and the Shorewood Yacht Club are located in Shorewood. Last fall the LMCD had a workshop with the marina owners because the owners thought some of the Code was outdated, An effort was made to identify proposed changes that were eventually presented to the LMCD Board for consideration during February 2014. There changes were approved. The first was to allow a 200 foot long dock use area. The second was an exemption for commercial marinas was added so that they do not have to provide public amenities. A number of those qualified commercial marinas have special density licenses. Iii order to get the increased density up to the I per ten the marinas had to provide public amenities many of which were outdated. The Board concluded the marinas are an amenity in themselves. The last approved change was to streamline the processing of minor changes. For any minor change the application can be processed by LMCD staff. There are other possible commercial facility changes that may be considered. For example, yacht clubs, municipal docks, and commercial— transient docks. Mr. Nybeck talked about the 2014 Lake Minnetonka Boater Safety Education Program. The Program has been fully sponsored by Save the Lake using the contributions it receives from stakeholders around Lake Minnetonka, The Program objective was to have participants work directly with presenters to secure a CITY OF SHOREWOOD REGULAR COUNCIL ?MEETING MINUTES June 9, 201.4 Page 5 of 20 Minnesota Department of Natural Resources (MN DNR) Youth Operator Permit. The LMCD partnered with the Hennepin County Sheriff's Office Water Patrol on the effort. One course was held on April 26. There is another scheduled for June 23. And there will be another in the fall but the date has yet to be determined. Attendees are age 12 — 17 and their guardians are encouraged to participate. Upon completion of the course the participants received the Youth Operator Permit, they have knowledge of Minnesota boating laws, they understand on -board safety best practices, and they have and understanding and awareness of Lake Minnetonka's unique boating experience. The course is free to the participants. Mr. Nybeck explained Lake Minnetonka has been in a "high water" situation since about May 1.3. The situation has gotten worse in the last few weeks. When the Lake level gets at or above 930.00 feet the LMCD Code Section 3.021 states the LMCD Executive Director may declare high water after five consecutive days and after eight consecutive days high water shall be declared. When the level gets to 930.25 high water is declared immediately. That happened on May 13. One of the challenges with the current ordinance is it is either minimum wake 600 from shoreline around . the entire Lake or a number of bays are entirely minimum wake. It is difficult for the LMCD to commit to the public which is which. And, it is difficult for the public and public safety to determine how far 600 feet out is. The burden of proof is beyond reasonable doubt and that is a very challenging thing. The LMCD is going to reevaluate the ordinance. On May 30 the Lake level was 930.21 feet. By June 1 it has risen to 930.65 feet. The Lake had risen 4.5 ---- 5 inches in 48 hours. The Lake was at a record high. Prior to that, the record high had been 930.52 feet in September 2002. On June 5 the LMCD Board approved an emergency high water ordinance declaring all of Lake Minnetonka minimum wake until the level drops below 930.30 feet for three consecutive days. At that point the restriction would remain entirely at minimum wake or it would go back to either minimum wake up to 600 feet from shoreline with some bays being minimum wake. The level has to drop below 930.00 before all restrictions can be removed. Mr. Nybeck then explained the LMCD is willing to do whatever it can to help people provide aquatic invasive species (AIS) peace officer training at the local level, The LMCD's vision is to empower local agencies with the ability to enforce (the enforcement option is left to the agency). The LMCD is not saying that should be the primary activity for law enforcement agencies. But, if an officer is driving along and they see the drain plug is not pulled from watercraft or if they see weeds hanging from the watercraft or trailer then can pull the person over to educate them or cite the driver. An officer cannot cite a person unless they have had AIS enforcement training. The LMCD would coordinate the training with the MN DNR. The training is free of charge. Mr. Nybeck requested that the AIS enforcement capability be discussed with South Lake Minnetonka Police Department (SLMPD) Chief Litsey, find out how many SLMPD patrol officers have been trained on AIS enforcement, and establish a goal to have all officers trained by the 2015 boating season. Mayor Zerby noted that the SLMPD has had some experience, specifically with the milfoil harvesters, in 2013. Hopefully that training has been impressed on the LMCD harvesters and contractors. Mr. Nybeck highlighted the proposed 2015 budget. It reflects a 0.6 percent levy overall increase when compared to 2014 ($342,492 versus $340,615 in 2014). There is a 1.1 percent decrease in expenditures when compared to 2014 ($582,492 versus $5$$,805 in 2014). There is a 2.0 percent increase in personnel services ($254,216 versus $249,143 in 2014). There is a 63.8 percent decrease in office lease and storage because of the relocation of the LMCD office to the Mound City Hall last fall. The budget for the Eurasian Watermilfoil (EWM) harvesting is $95,000; the same as in 2014. The $35,000 transfer from the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 4, 2014 Page 6 of 20 AIS reserve Fund to the Equipment Replacement Fund reflects a $10,000 increase. The $30,000 for AIS prevention and management projects remained the same. A new line item Media --- Cable and Internet in the amount of $3,300 was added for recording of LMCD Board meeting. Mr. Nybeck noted the LMCD has made a concerted effort to keep the levy to the member cities relatively flat from 2009 to 2014. It has been around $330,000. He explained the LM:CD's 2014 levy to Shorewood was $33,123. For 2015 it would decrease to $33,032. Councilmember Siakel stated she has seen a lot of advertising for the Woodland Cove development. She asked if the LMCD is doing anything related to that. Mr. Nybeck stated the docks have been approved. He thought the first docks that will be constructed will be in the channel area. The developer bas not gotten back to him regarding construction of the docks. He thought it would be difficult to construct the docks exactly like the plans showed but it should be very close. He assumes the docks will constructed in parallel with the model homes. Mayor Zerby stated that one of the founding missions of the LMCD was related to dealing with raw sewage going into the Lake. There was a recent incident with sewage being dumped back into the Lake. He asked if the LMCD is looking into the issues related to that incident that need to be corrected. Mr. Nybeck stated it is his understanding that originally the LMCD and the Minnehaha Creek Watershed District were created when raw sewage was being dumped into the Lake. There were red algae blooms back then. The LMCD has not been actively involved with that since the sanitary sewer was installed. He then stated he is going to the Mound City Council meeting on June 10 and he assumes he will learn a little more about that. Mayor Zerby stated the more agencies that can look into that incident the better. 7. PARKS 8. PLANNING A. Report on the June 3, 2014 Planning Commission Meeting Director Nielsen reported on matters considered and actions taken at the June 3, 2014, Planning Commission meeting (as detailed in the minutes of that meeting). B. Report on Enchanted Island Violation Director Nielsen noted that the container in violation on the 4390 Enchanted Point property has been removed. 9. ENGINEERING/PUBLIC WORKS A. Public Information Meeting on the Storm Water Pollution Prevention Program Mayor Zerby opened the Public Information Meeting at 7:45 P.M. Engineer Hornby stated holding a public information meeting about the City's Storm Water Pollution Prevention Program (SWPPP) is a requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit; a permit required by the Federal Clean Water Act. The City presents what happened in 2013 relating to the previous year's CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES June 9, 2014 Page 7 of 20 permit. The public will be provided an opportunity to comment on the information presented or present issues during the meeting. Jesse Carlson with WSB & Associates, Inc. is present to discuss how the City of Shorewood's Stonn Water Pollution Prevention. Program (SWPPP) will guide the City to compliance with the MS4 General Permit. Mr. Carlson had been working with the City on the MS4 program for the last two years. Mr. Carlson explained in Minnesota the MS4 permit is administered by the Minnesota Pollution Control Agency (MPCA). Each city that is regulated by the MS4 program gets issued a general permit. That permit lists a number of activities that a city needs to comply with. On August 1, 2013, the MS4 permit got extended. The City of Shorewood had to submit a new application by December 30, 2013. In that application the City committed to doing a number of things to comply with the new program. The City had been in the implementation phase of the program for a number of years. 2014 will be more of a development year during which the program will be reviewed and refined. The City will move back to an implementation phase in 2015 and continue with that until the permit expires in 2018. All cities within the seven - county metro area are regulated. Communities outside of the metro area that have populations of at least 10,000 are also designated MS4. Shorewood has been designated an MS4 since 2003. Some communities were designated in 2006. Others will likely be designated in the near future based on the outcome of the 2010 census. Mr. Carlson stated the City's SWPPP has six minimum control measures (M.CMs). • MCM 1 — Public Education and Outreach • MCM 2 --- Public Participation and Involvement • MCM 3 — Illicit Discharge Detection and Elimination • MCM 4 — Construction Site Stormwater Runoff Control • MCM 5 — Post- Construction Stormwater Management • MCM 6 — Pollution Prevention and Good Housekeeping for Municipal Operations Mr. Carlson reviewed the progress the City had made in 2013 to satisfy the MS4 Program. • Public Education/Outreach • City website — it has a lot of information about stormwater related activities • City newsletter— published nine articles about stormwater related information • Resident guide --- it contains information about what residents can do with things such as lawns and landscaping • Recycling • Construction site inspections — when the City does building site inspections it does look for erosion control issues. If there are complaints the City does follow up on them.. • Post - construction plan reviews — the City is required to be concerned about construction sites that are one acre or more in size. There were two plan reviews in 2013. • Street sweeping — it is estimated that the City removes 57 pounds of phosphorus annually. Mr. Carlson highlighted the new requirements the City will need to undertake as a result of the new MS4 General Permit that became effective August 1, 2013. ➢ General ® Complete revisions to existing SWPPP to be in compliance with the new permit. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page S of 20 ■ Create an organization chart that identifies what departments are responsible for specific best management practice (BMP) activities, enforcement response procedures (ERPs) to compel compliance with illicit discharge detection and elimination (IDDE), construction erosion and sediment control, and post - construction stop- nwater management. ■ Identify partnerships with other regulated MS4s, including written agreements. ■ Update the stormwater system map to include all pipes greater than 1.2 in. in diameter, outfalls, structural stormwater BMPs, receiving waters, and ponds. ■ Identify all approved total maximum daily loads (TMDLs) and all activities that will be completed to achieve compliance. ■ Develop a mechanism to track activities being completed by Shorewood (educational activities, complaints, plan reviews, inspections, etc.). ➢ MGM 1 — Public Education and Outreach Prioritize Education Activities Within the City of Shorewood — areas without stormwater treatment and areas discharging to water bodies that have degraded water quality. ■ Educate the public on IDDE with handouts, surveys, etc. ■ Document specific MCM 1 information. ➢ MCM 2 — Public Participation and Involvement ■ Provide public notice of the annual public information meeting to provide the public an opportunity to comment on or present issues with the City's SWPPP. a Document specific MCM 2 information. �, MCM 3 -- Illicit Discharge Detection and Elimination • Develop ERPs to compel compliance with IDDE Ordinances. Update the ERPs to comply with the new permit coverage. • Develop written procedures for conducting on -going inspections and for responding to illicit discharges, spill response, and priority areas. • Complete training of all field staff in recognition of illicit discharges. It may be beneficial to complete the training in the early part of summer when all seasonal staff members are present. • Document specific MCM 3 information. )�, MCM 4 — Construction Site Stormwater Runoff Control Develop ERPs to compel compliance with construction site stormwater runoff control. ® Update ordinances to comply with the new permit coverage. ■ Develop written procedures for completing site plan reviews, inspections, and prioritizing inspections. Create check -lists and inspection forms. Develop written procedures for receiving public input on active construction sites. ® Document specific MCM 4 information. ➢ MCM 5 — Post- Construction Stormwater Management ® Develop ERPs to compel compliance with post - construction site stormwater runoff control. 0 Update ordinances to comply with the new permit coverage. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 9 of 20 ❖ New development of no net increase in volume, TSS (total suspended solids) and TP (total phosphorous) from pre - project conditions. *:* Redevelopment of net reduction of volume, TSS, and TP from pre - project conditions. Develop written procedures for site plan reviews. Develop post construction regulatory mechanisms to allow Shorewood to conduct inspections, perform maintenance, and assess costs to maintain structural stormwater BMPs constructed after the permit is in effect. Document specific MCM 5 information. ➢ MCM 6 — Pollution Prevention and Good Housekeeping for Municipal Operations • Complete an inventory of city owned and operated facilities that contribute pollutants to stormwater (e.g., maps, spreadsheets, best management practices). • Develop written procedures and a schedule for evaluating the TSS and TP treatment effectiveness of Shorewood's ponds that were constructed and used for the collection and treatment of stormwater. Complete inspections for: structural stormwater BMPs (annually); outfalls (once per 5 year permit term); ponds (once per 5 year permit term); and, stockpiles and material handling areas (quarterly). • Develop and implement a stormwater management training program to commensurate with employee's job duties. • Document specific MCM b information.. Mr. Carlson explained Lake Virginia is the City's only impairment. The City's required phosphorus reduction is 21 pounds per year. It's estimated the City is achieving a 41 pounds per year reduction into the Lake through street sweeping. The City has been able to demonstrate to the MPCA that the City is meeting the requirement. There should not be any additional requirements. Mr. Carlson stated there are grant opportunities available to help offset costs for public improvement projects. The MCWD has a cost -share where 50 percent of the cost could be funded. As of now the MCWD has not identified a funding cap. The Public Facilities Authority (PFA) has point source implementation grants requiring a 50 percent match. It likes to fund green infrastructure type projects (e.g., an infiltration type project). The Minnesota Board of Water and Soil Resources (BWSR) has a clear water partnership grant through the legacy funds. If there are projects the City wants to do he recommended making an application. Mr. Carlson highlighted next steps. ➢ Finalize the Standard Operating Procedures for each MCM. ➢ Finalize the Enforcement Response Procedures. ➢ Review and finalize Shorewood.'s SWPPP. ➢ Review ordinances to comply with the new permit. ➢ Come up with a written partnership with other MS4 communities and non - permitted organizations. ➢ Develop and go over training with the city staff. ➢ Continually perform inspections for illicit discharges, construction sites, and post- construction sites. ➢ Submit the 2013 Annual Report by June 30, 2014. Seeing no one present wishing to speak on this topic, Mayor Zerby opened and closed the Public Testimony portion of the Public Information Meeting at 7:59 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 10 of 20 Councilmember Hotvet asked how enforcement between two cities located in different counties is addressed. Mr. Carlson explained each community would have to have a SWPPP and follow the same procedures. He thought the City should be able to review and comment on developments in an abutting city or a Minnesota Department of Transportation (MnDOT) project that the City will receive runoff from. A surface water management plan (a plan to manage drainage) typically talks about inter- jurisdictional drainage issues. That could require some language in the City's ordinance. it is important to have good relationships with those cities and agencies. Mayor Zerby stated that would be a good thing to discuss. In response to a question from Councilmember Woodruff, Mr. Carlson stated the City submitted a revised application by December 30, 2013, and it was approved in April or May of 2014. That gave the City a year to complete its revisions to its SWPPP. He had proposed to Director Brown that the revisions be completed by the end of 2014 because 2014 is a development year. He explained the SWPPP will include a summary of what the City is going to do, written procedures, ordinance amendments, staff training procedures and so forth. Then 2015 would be an implementation year. He stated the updated SWPPP could be provided to Council. for its approval. Woodruff stated the 2015 budget should include funding for implementation costs. He assumed there should be enough information to estimate those costs by the time the budget has to be set in November. Mr. Carlson noted that the development costs in 2014 would be more than the implementation costs. Engineer Hornby stated some of the inspections that will have to be done as part of the implementation will be done by consultants and some will be done by staff. Therefore, there will be consultant costs in 2015. Mr, Carlson stated WSB staff will work with City staff to prioritize pond inspections with the ponds that likely have the most sediment to be inspected first. The costs for dredging the ponds would be budget for starting in 2016. Mayor Zerby stated around the City he sees sump pumps being drained onto City roadways. He asked if the City should encourage that or discourage that. Some residents are irritated by having to drive through that water. Mr. Carlson explained that sump pumps cannot be connected to the sanitary sewer system. The water gets pumped on to residents' land and it flows over land and then on to the street. Typically cities do not consider sump pumps illicit discharge. Newer communities are providing connections to storm manholes. Engineer klornby stated he is working with a city that is considering putting a solid wall pipe behind the curb. It would essentially be a sump pump discharge pipe that connects to the storm sewer system just like drain tile would. Services would be provided to each house. There could be a connection at the house or some place in the yard so an air break could be provided. In the winter time when things freeze water has to run over land. Mayor Zerby asked if there is anything residents can do. For example, could they install in.- ground rain barrels? Engineer Hornby stated with the saturated soils and continuing rain the sump pump discharging exacerbates the issue of standing water. Hornby noted the City's ordinance stipulates that sump pump discharge hose cannot be extended into the public right -of -way. Mayor Zerby closed the Public Information Meeting at 8:06 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 11 of 20 B. Accept Proposal for Geographic Information Services Director Brown explained that Mayor Zerby has been a proponent of using geographic information system (GIS) data to make property and infrastructure information more easily available to staff and residents. Enhanced record keeping is a requirement of the new Municipal Separate Storm Sewer System (MS4) General Permit. WSB & Associates provides GIS services to many communities. Staff asked WSB to provide the City with a proposal to provide those services. WSB already has the City's record drawings. WSB would be hosting the GIS system on its servers. This would allow staff to do property identification (PID) searches and access record drawings when in the field and when in the office. It would also assist in record keeping. WSB has indicated that there would be a one -time charge of $5,960 to get all of the City's data into tlae system. Starting in 2015 there would be a monthly hosting fee of $300 per month. Councilmember Hotvet asked if the hosting fee includes things such as software upgrades and training. Director Brown stated WSB does train staff and that the WSB server is a web -based server. Mayor Zerby stated a GIS system is basically a map that it allows people to put data on the map. It would equate to putting electronic push pins on a map electronically. A person would be able to click on the virtual push pins to see the data behind them. Staff has kept "as built" information such as where a culvert is built and the blue print for that. What the upgrade would allow the City to put its data in "a cloud" (i.e.; the WSB server) thereby allowing broader access to the data. The City's current GIS data is only accessible from two personal computers (PCs). Data can be sent from the two PCs to other computers. By giving Public Works personnel iPads they will be able to quickly access data from the field and update the data as well. Inputting and updating data would be easy to do with the system proposed. Councilmember Siakel asked who has access to that information now. Director Brown stated the intent is to allow staff access and the public access to certain information. For example, the City would not allow public access to certain information about its water system. But, it would allow public access to some skeleton drawings and other information. Councilmember Hotvet stated that what is being proposed makes a lot of sense. She asked what the term of the contract with WSB would be. She then asked what happens to the City's information if the City and WSB were to part ways. Director Brown stated the City would still own its as -built information; the City has that information in house. If the City and WSB were to part ways the City would have to find a hosting service from another vendor. Hotvet asked how long the $300 monthly fee is good for. Is it month to month or is there a contract term? Brown clarified it is on a month to month basis. Hotvet moved, Zerby seconded, accepting the proposal for providing graphic information system (GIS) services from WSB & Associates for an implementation cost not to exceed $5,960 and for a monthly hosting fee of $300 which is subject to change. Councilmember Siakel asked that in a year a review be done of how this is working to determine if the City is getting the value from it that is anticipated. If the anticipated value is not achieved then consideration should be given to discontinuing it. Motion passed 410. C. Approve Change Order No. 1 — Valleywood Area Roadway Improvements, City Project 13 -01 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES .Tune 9, 2014 Page 12 of 20 Engineer Hornby explained that during its September 9, 2013, meeting Council accepted bids and awarded the construction contract for street, drainage and utility improvements for Valleywood Lane and Valleywood Circle to Minger Construction, Inc. During the plan and contract review with Minger four items were identified as out -of -scope work based on the contract that was bid. I. Asphalt paving of the wearing course was to occur in 2015 a. The alternate bid completion identified 2014 as placement contrary to City practice 2. Storm sewer modification from circular to arch -span for a roadway crossing a. Pipe change to provide additional roadway cover above the pipe 3. Removal of large trees near overhead utilities from the right -of -way a. These trees would have significant root damage and may not survive after construction b. Removal of dead trees in the right-of-way to prevent doing them post project after a storm 4. Addition of improved pipe foundation rock. due to unsuitable soil conditions Councilmember Hotvet briefly stepped out of the meeting at 8:15 P.M. Hornby noted that staff is recommending approval of Change Order Number I in the amount of $8,054.45. It will increase the cost of the project to $542,282.80 from $534,228.35 (an increase of approximately 1.5 percent). Councilmember Siakel stated that generally during projects of this nature removing trees becomes personal to residents. She asked staff if that needs to be communicated to the residents. Engineer Hornby clarified that the residents asked that the trees be removed. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 14- 042, "A Resolution Approving Grange Order No. 1 for Valleywood Area Improvements." Motion passed 310. 10. GENERAL/NEW BUSINESS A. Discussion on Prohibiting the Use of Plastic Rags in. the City Administrator Joynes stated Councilmember Hotvet had asked staff to begin looking into the possibility of prohibiting the use of plastic grocery bags within city limits. Councilmember Hotvet returned to the meeting at 8:16 P.M. Administrator Joynes stated staff has begun gathering information. After Councilmember Hotvet has had an opportunity to look at the information gathered it will be presented to Council for discussion. Joynes noted that earlier in the day Councilmember Hotvet asked staff to update the GreenStep Cities Program. Hotvet explained she wants Council and staff to have an opportunity to see if there are other initiatives that could. be done for that Program. Councilmember Woodruff asked if the intent is to regulate paint -of -sale bags. Or does it include produce bags? Mayor Zerby stated it is about the bags they put your groceries in at checkout. CITY OF SHOREWOOD REGLLAR COUNCIL MEETING MINUTES June 9, 2014 Page 13 of 20 Woodruff noted that in Shorewood plastic bags can be included with other recycled materials provided they are all put in one plastic bag. B. Liquor Ordinance and Fee Schedule Amendment Administrator Joynes explained the meeting packet contains a copy of a draft amendment to City Code Chapter 401 Liquor Regulations relating to temporary liquor licenses. An amendment the Excelsior Firefighters Relief Association (EFRA) has asked for so it can sell intoxicating liquor at its fundraising dance on July 1S. The current ordinance regulates 3.2 percent malt liquor sales and it has been in place for years. What is being considered this evening is to allow the sale of more intoxicating liquors. This is basically around the craft beer industry and the change in how people are viewing special events like fundraising. Other communities have been changing their ordinances to allow the sale of intoxicating liquors on a temporary basis. The current fee for the license is $25 per event. He suggested Council direct staff to research fee structures for other cities; not just the City of Excelsior. He recommended that for what is being considered this evening the S25 fee remain in place and to approve the change to Chapter 401 to allow the sale of intoxicating liquor on a temporary basis, He clarified this would only be allowed for clubs, charitable, religious or nonprofit organizations. Councilmember Siakel asked why the temporary license is for one to four days. The EFRA's fundraising dance is just one day. Administrator Joynes responded sometimes organizations will have recurring events in. one year and this ordinance would allow them to do that. He clarified the license is not just for four consecutive days. Siakel asked if the City has charged the EFRA a fee in the past. Joynes noted. the City has waived the fee in the past. Mayor Zerby stated the EFRA is finding it more and more difficult to bring 3.2 percent malt liquor to the site of the dance. It is not a stock item. The EFRA is also getting requests from local craft breweries to bring their product to events. Councilmember Hotvet stated there are a lot of safety mechanisms in place at the dance and there are police officers present. Hotvet moved, Siakel seconded, Approving ORDINANCE NO. 5131 "An Ordinance Amending Chapters 401 and 1301 of the Shorewood City Code Relating to Temporary Liquor Licenses." Councilmember Woodruff stated the amendment does not mention the one to four day duration for a permit. It does not reference State Statute either. Administrator Joynes clarified there is a provision in the statutes that states "The license may authorize the on -sale of intoxicating liquor for not more than four consecutive days ... ". Woodruff suggested that ordinance be referenced in the Ordinance. Without objection from the maker or the seconded, the ordinance was amended to include a reference to Minnesota Statute § 340A.404 relating to temporary on -sale licenses. Motion passed 4/0. C. Excelsior Firefighters Relief Association Fundraising Event — duly 18, 2014 Administrator Joynes stated the Excelsior Firefighters Relief Association (EFRA) has submitted an application for a temporary intoxicating liquor license for its fundraising event scheduled for July 1$, 2014. Staff recommends that license be granted under the amendment to the City Code Council just approved. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 14 of 20 Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 14 -043, "A Resolution Approving a Temporary `On -Sale' Liquor License to the Excelsior Firefighters Relief Association." Motion passed 410. D. Request to Place Dumpster at Christmas Lake Access Director Nielsen explained that Dave and Peggy Schultz, 5950 Ridge Road, lost their boathouse due to a fire last summer. The terrain on their property is extremely steep. In order to remove debris from the fire and as part of finishing up the project their contractor, M A Mortenson Company, has asked to put a dumpster at the Christmas Lake public access at Merry Lane for approximately six hours one day during the week of June 9. The contractor will ferry the material over on a pontoon boat, offload the materials at the access and place it into the dumpster and then haul the dumpster away. The dumpster would be located in a spot that does not interfere with aquatic invasive species inspections. He noted staff recommends Council approve the request and noted that staff has found the contractor to be very organized, cooperative and professional, Councilmember Hotvet asked if the contractor will secure the material on the pontoon boat. Director Nielsen stated typically a contractor will use a mesh net to secure materials. Nielsen noted he will ask the contractor to do that. Councilmember Woodruff stated he was pleased to read that staff will inspect the access area after the contractor is done to ensure it is left: in the same condition as it was before the dumpster was placed there. Woodruff moved, Siakel seconded, authorizing M A Mortenson Company to place a dumpster t the Christmas Lake Access for a period of six hours during one day of the week June 9, 2044. Motion passed 410. 11. OLD BUSINESS A. Deer Management Program 2014 — Results of Informal Resident Survey Director Nielsen explained the annual aerial deer survey indicated there was a relatively low number of deer within the City limits. This spring Council agreed with staff's recommendation to conduct an informal resident survey via the City newsletter and website asking residents if they thought the Deer Management Program (DMP) should be conducted, modified or suspended for 2014. A survey was conducted and it concluded the end of May. The results indicate that a strong majority of the survey respondents favor continuing the program. He noted staff will provide Council with dates for the 2014 DMP for its next meeting. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Recap of the Spring Cleanup Event Mayor Zerby noted that the meeting packet contains a copy of a staff report recapping the City's spring cleanup event. Administrator Joynes stated staff believes the spring cleanup was more successful than anticipated. Additional costs of approximately $953 were incurred because more stuff was brought to the site. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 1:5 of 20 Councilmember Woodruff noted that he had previously asked staff to provide Council with the labor costs. He then stated he thought the event was well organized. Mayor Zerby stated he has received positive feedback from residents about the event. Councilmember Siakel stated she thinks the event is one of the best amenities the City offers. She noted that the staff did a phenomenal job. She stated that Clerk Panchyshyn and Recycling Coordinator Moore indicated the shredding company will be charging for the shredding service next year. The service was well utilized by residents. Staff was going to provide information about the number of non - residents who took advantage of the shredding service. She would like to see that information. She stated the fee could maybe be $2.00 for non - residents and free for residents. She clarified non- residents were able to use only the shredding service. Councilmember Hotvct stated she was impressed by the variety of resources used for proper disposal. 2. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the schedules for the Galpin Lake Road walkway and the Smithtown Road east walkway (from the LRT Trail to Country Club Road). He stated the date for the 95 percent complete submittal to the Minnesota Department of Transportation (MnDOT) for the Galpin Lake Road project has been changed to June 13, 2014, from June 6. For the Smithtown Road project the authorization of the preparation of the survey and feasibility report was going to be on this evening's agenda. It will be on the June 23 agenda instead. Those changes do not affect the remainder of the dates. In response to a question from Councilmember Hotvet, Director Nielsen explained the outcome of the feasibility report will help in determining what side of Smithtown Road the walkway will be on. In response to a question from Councilmember Woodruff, Engineer Hornby explained the Galpin Lake Road project has to go through a functional review by MnDOT for the work being proposed on Highway 7. That review can take longer than a typical state aid review. Depending on the time that review takes it may be necessary to break the project up into two construction seasons. A portion would be constructed in 2014 and the rest would be constructed in 2015. Staff is discussing phasing options. Two intersections would be realigned --- one at Highway 7 so that the trail would not go next to the lift station and the second at Mayflower Road to help with traffic calming and to avoid wetlands. It is possible that the full length of trail may not usable until 2015. Engineer Hornby noted that the City of Chanhassen has asked Shorewood to work with it to construct a segment of walkway from the Chanhassen/Shorewood border to Pheasant Road. Councilmember Hotvet asked when in the project timeline will grant opportunities be researched. Engineer Hornby stated for the Galpin Lake Road project staff is pursuing the possibility of state aid. He explained that at the time staff was looking at funding mechanisms for that project Chanhassen was not part of the project. In order to qualify for a connections grant from the Department of Natural Resources the walkway would have to be eight feet wide. Hotvet asked if staff is reaching out in other directions. Hornby stated if the City had a safe routes to school plan it would help with qualifying for very good federal funding. Director Nielsen stated the Planning Commission will begin working on that shortly as part of updating the Trail Implementation Plan. That plan would have to be submitted by this fall in order to apply for funding for the Smithtown Road project. Mayor Zerby asked if that plan can be done by the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2 ©1J Page 16 of 20 fall. Zerby stated that a Strawberry Lane sidewalk is on the radar and that would fit in with a safe routes to school plan. Hotvet stated it would be nice to know that staff is exploring all funding options; not just with the state. Nielsen noted the Smithtown Road east project is not on Hennepin County's trail plan. Hornby noted that WSB has funding experts that provide staff with a list of all the funding mechanisms available and when applications are due. Consideration has to be given to the additional cost for satisfying the requirements of certain grants. Other Director Brown explained he has sent Council a series of emails regarding water flowing over Enchanted Lane and Shady Island Road. Publics Works personnel have been working with staff from the City of Minnetrista, noting Engineer Hornby is also the City Engineer there. Minnetrista intends to start building up the roadway on June 1.1 to provide safe access for residents. A tremendous number of permit requirements and coordination requirements that have to occur before the roadways can be filled in. Shorewood has taken some liberty with that and has filled some of the roadway and is applying for permits after the fact because of safety concerns. He stated in the not too distant fixture Council will be asked to take action on a number of drainage issues. He noted that many of the drainage issues are connected with the level of Lake Minnetonka. Councilmember Woodruff thanked Director Brown and the Public Works staff for they did that day on Enchanted Lane in Shorewood. It has resolved the issue temporarily. He stated in Minnetrista there is b -- 10 inches of water on the roadway and low riding vehicles can't be driving through there any longer. Engineer Hornby explained that up to a foot of rock will be put on top of the roadway in two locations in Minnetrista. It's anticipated that one section can be done each day. Most items had been permitted; there is one that will be permitted after the fact with that agency's permission. That Public Works staff has been. diligently filling pot holes. Unfortunately, there are people driving four - wheelers who displacing sandbags from the potholes. He noted that roadway is falling apart. Mayor Zerby expressed his appreciation for the efforts of Director Brown and Engineer Hornby. He has been in contact with them quite a few times over the last few days. He and Minnetrista Mayor Hunt are both trying to deal with the issue. He also appreciated the Minnehaha Creek Watershed District calling an emergency meeting to issue permits needed. He recommended assessing the needs of that roadway this coming fall. Councilmember Woodruff stated Enchanted Lane and Shady Island Road are not scheduled for major improvements until 2020. Those roadways may need to be built up before then. The spot just before the Shady Island Bridge has been. flooded for a number of years. Mayor Zerby stated the scheduling of those improvements is somewhat by design because a number of agencies will have to be involved. It is worth planting the seed at this time. Engineer Hornby stated from an engineering perspective he has also received a number of phone calls about drainage issues. He reiterated there is the catch 22 issue in the Smithtown Road west sidewalk area. It is too wet for the contractor to come in and do the grading work. The contractor has performed some work on some of the drains to provide some relief. Dealing with drainage issues has been taking up quite a bit of staff time. As a result other things are not getting done as soon as planned. He noted he still has a number of phone calls to return but he will return them, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 17 of 20 Mayor Zerby stated he is amazed by the number of residents that think this is a typical spring regarding rain and flooding. They don't seem to know that the level of Lake Minnetonka is at a historic high. Director Nielsen noted that the Park Commission had its second of two park tours on June 5. He then noted there is a Music in the Park concert scheduled for June 13 from 6:00 --- 8:00 P.M. in Badger Park. Administrator Joynes noted that he, Attorney Keane and Director Nielsen have been in discussions about the Heartbreaker property. B. Mayor and City Council Councilmember Woodruff stated a few weeks ago he and a few other people received an email from. a resident living along side of Wedgewood Drive regarding speeding. He asked if that resident has received a response from staff. Director Brown noted that W SB & Associates has been asked to put the road tubes out to gather information about the speeds. Staff will let them know about that. Woodruff stated there was a non -speed issue as well. Brown noted staff will respond to the resident. Councilmember Woodruff stated as the alternate to the Excelsior Fire District (EFD) Board he attended a Board meeting on May 28 in Boardmember Siakel's absence. The major discussion was about the 2015 budget. The Board made a decision to use some of the excess Operating Fund reserves to pay for some building maintenance and repair items in 2014 (e.g.; ice jam issues and caulking issues) and remove them from the 2015 Operating Budget. There was also discussion about the proposed overall increase to the budget. EFD Chief Gerber was asked to tweak the budget and come back with a budget that reflects no more than a 2 percent increase in the municipal contribution if possible. One of the things proposed in the 2015 budget was the replacement of televisions in Station 1. The American Legion has agreed to donate $500 towards that expense; a total of $1500 is needed. On behalf of the Shorewood Council he thanked. the American Legion. Councilmember Siakel thanked Councilmember Woodruff for attending that meeting and noted that she was out of town that day. She noted that she watched the entire meeting online on the LMCC's website. She explained the EFD has a Fund Balance Policy that stipulates the Operating Fund reserves should be 20 — 30 percent of the upcoming year's operating expenses. There is about $72,000 in excess reserves. She was disappointed that the Board did not have a more robust discussion about how to use some of that excess. She noted she had brought that to Council's attention during its May 12, 2014, meeting. She noted that she had previously expressed she supported using some of that excess to fund some of the building maintenance and repair projects. She stated what the Board did not discuss is using some of the excess reserves to increase the balance in the Fire Relief Fund. She asked Council to express support for doing that. The funds in Fire Relief Fund would be used to help offset a mandatory contribution to the Excelsior Firefighters Relief. Association (EFRA) fund for pensions when the pension fund becomes less than 100 percent funded because of a significant downturn in the market She also asked Council to support a policy to take some of any year's budget surplus and. transfer it to the Fire Relief Fund until the Fund reached a certain to -be- determined balance. She stated she does not understand the desire to keep the mandatory contribution to less than or equal to 2 percent. Doing that does not take into account what is needed to operate the District. She does not buy into the 2 percent ceiling. There was a lot of discussion about the proposed overall budget increase of approximately 6.2 percent. Once the $25,000 for the building maintenance projects is removed the overall increase would be reduced to 3.3 — 3.4 percent. That increase is not grossly out of line. She commented that some of the previous Fire Boards have kicked the budgetary can down the road. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINU'T'ES June 9, 2014 Page 18 of 20 She asked Council to give some consideration to the firefighter paid -on -call (POC) hourly rate. She explained that if the rate were $10.40 and if there were a maximum 2 percent increase the rate would go to $10.60. Chief Gerber has recommended increasing the rate from $10.60 to $12.00. Doing that results in an approximate $13,000 impact on the budget. That increase will not overwhelm any EFD member city's budget. There were some Boardmembers that wanted to phase that increase in over two years. Doing that repeatedly has gotten things to the point where the ETD's POC rate is not as competitive as it should be. The ETD's rate never catches up to the average. There had been market analysis done of the POC hourly rate. The 2014 survey results using 2014 data indicates the average rate is $14.98. The $12.00 would still be substantially less than average. The survey results done in 2013 showed an average rate less than $14.98. She noted that the results of the survey depend on which agencies participate. She also noted that she does not think $12.00 is out of line. She again asked Council for feedback. Mayor Zerby recessed the meeting at 8:59 P.M. Mayor Zerby reconvened the meeting at 9:03 P.M. Councilmember Woodruff noted that he appreciates Councilmember Siakel's eomments. He stated of the four EFD member cities that were represented at the meeting there was unanimous consensus that $12.00 was more than they wanted to pay. One of the members of the Board recommended a compromise and he thought that compromise was $11.20 or $11.40 with the understanding that a survey of the POC hourly rate would be done again in 2015. One of the Boardmembers mentioned that the results of the survey in 2013 indicated a much lower average rate. He suggested putting the EFD Budget topic on a future meeting agenda to talk about the point Councilmember Siakel has brought up and then Council can take a vote on it. Council's representative to the meeting would then abide by how Council voted. He stated from his perspective one member of Council is dictating what may be taken back to the EFD Board and he has a problem with that. Councilmember Siakel noted that she does not think she is dictating anything. She stated that in the past Councilmember Woodruff has criticized her about voting. This evening she is asking for feedback. She then stated she has voted and acted based on what the majority of Council had supported. Councilmember Woodruff stated Council has never had a meeting where it took at vote. There has never been a suggestion other than a discussion. Mayor Zerby noted that Council has not voted for other committees. It does not do it for the Lake Minnetonka Conservation District (LMCD) or the Lake Minnetonka Communications Commission (LMCC). Councilmember Woodruff stated the LMCD sets its own. budget. Zerby stated Council does weigh in when it comes to budgets. It votes on the EFD budget. Councilmember Siakel stated Excelsior was not represented at the May 2$ meeting. Acting Chair Fletcher from Greenwood indicated he could possibly be convinced to go to $12.00 and then he recanted. Then are EFD member cities who want to support things at the lowest level. She questions if the conversation was fully represented by all cities. She commented that she is presenting what she heard on the recording of the meeting. The $12.00 rate is substantially less than the survey average rate. She noted she thinks the $12.00 rate would be closer to competitive. She asked the members of Council if they thought $12.00 is fair or does it want to see a phased in increase. Councilmember Hotvet noted that she works closely with the Fire Department on a variety of levels. She knows how devoted members of the Department are and how hard they work. She does not want to pay CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES Jane 9, 2014 Page 19 of 20 them less than other departments pay for comparable positions. She stated that Councilmember Siakel is Council's representative on the EFD Board and she puts faith in the representatives to all committees to make the best choices and set the best directions for Shorewood. Councilmember Siakel stated she would like Council feedback on the POC call rate, about transferring some of the excess Operating Fund reserves to the Fire Relief Fund, and about establishing a policy to transfer some of any operating budget surplus to the Fund until the balance reaches a threshold. She then stated that she had spoken with Director DeJong on how that could be done. She thought it would be possible and very reasonable and that it warrants Council discussion. Councilmember Woodruff reiterated that he wants the EFD Budget on an upcoming agenda for discussion. He wants Council to make a formal decision on what it wants to happen. Councilmember Siakel suggested discussing it in a work session and inviting Chief Gerber to participate in the discussion. Woodruff stated Council does not vote in a work session; therefore, he wants it discussed in a regular meeting. Siakel asked Woodruff if he wanted to vote so he could be on record that he agrees with Greenwood and Tonka Bay. Woodruff stated that he wants some substance to show that Council agrees with what it wants to happen because there is no agreement now. Councilmember Hotvet asked Attorney Keane to comment. Keane stated when a council takes up business for discussion and action (whether it be a motion, resolution or ordinance) that business is properly placed on an agenda that is publicly noticed. There is an opportunity for full consideration prior to Council's consideration of the item. The City's position as it relates to a rate change, if indeed it is a formal position that is articulated by motion of this Council, should be a prior agenda item that is noticed. Mayor Zerby noted that he supports increasing the POC hourly rate to $12.00. He stated from his perspective when a council appoints a board member to represent a council then that is a vote by council in support of that member acting on behalf of council in matters that do not require a vote. He stated the EFD budget is considered by Council as a whole and Council has an opportunity to discuss the budget and either approve or deny it. He noted that he believes that the majority of Council supports Councilmember Siakel's actions and opinions on the EFD Board.. He stated he does not think Council needs to micromanage its representatives on a vote by vote basis. He then stated there seems to be differences of opinion about the EFD budget and that warrants discussion; but, not at the end of a long meeting. This is a complex issue that Council needs to have a good understanding of. Councilmember Siakel stated that with the exception of Councilmember Woodruff she does not hear Councilrnembers saying they do not support the $12.00 or telling her to act differently. She thought that she acted on what the majority of Council supported. Councilmember Woodruff stated that in the May 28 meeting the discussion about the POC hourly rate was brought up by another EFD Boardmember. And, most of the discussion was carried on by people other than him. There was consensus to direct Chief Gerber to set the rate at $11.20 or $11.40. It is not him by himself saying what the rate is going to be. There were Boardmembers who could have overruled him. There were other Boardmembers who were not happy with the $12.00 proposal. What he said really did not make any difference. If Councilmember Siakel wants to try and change the Boardmembers positions and if Council wants her to do that it is fine with him. Councilmember Siakel reiterated the Excelsior representative was not at the meeting. Woodruff stated if the Excelsior representative had been there he would have been outvoted 311. Siakel disagreed. Woodruff stated then Councilmember Siakel's influence is greatly needed on the EFD Board and her absence at the meeting was unfortunate. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES June 9, 2014 Page 20 of 20 Councilme ber Hotvet extended an invitation to the general public to come to Art on the Lake which is scheduled for June 14 and 15 in the Excelsior Commons. It is from 10 A.M. -- 6:00 P.M. on June 14 and from10:00 A.M. — 4:00 P.M. on June 15. There will be free bands, great artisans, great food artisans and a children's tent. It is free and open to the public. 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of June 9, 2014, at 9:14 P.M. Motion passed 410. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ',S'cW Zerby, ay Je Panchyshyn, City lerk