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09-22-14 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 22, 2014 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Coun.cilmenabers Hotvet, Siakel, Sundberg, and Woodruff, Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, September 8, 2014 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of September S, 2014, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, September 8, 2014 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of ,September S, 2014, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Woodruff 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 -080, "A Resolution Accepting Bid and Awarding Contract for the 2014 Mill and Overlay Project, City Project No. 14 -04." C. Accept Donations for Oktoberfest D. Authorize Expenditure of Funds for Public Works Equipment — Plow and Sander Attachments CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 2 of 11 E. Accept Proposal for Professional Services for Sunnyvale Lane Construction Materials Testing Councihnember Woodruff stated there were two Computer Check Proof lists by Vendor lists included in the hardcopy meeting packet. One list has 55 items and one has 56 items. The one with the 56 items is the one being approved. Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Commissioner Jan Callison Annual Update Mayor Zerby welcomed Hennepin County Commissioner Jan Callison and noted she is present to give an update on County activities. Cornmissioner Callison explained the assessment just done indicated there are more land parcels in Hennepin County because of the increase in construction. There are tax increment financing (TIF) districts coming online. unfortunately, the increase in values is applying more to residential parcels than to apartments or commercial 1 industrial parcels. Therefore, the tax burden will shift more toward. residential. Some of the increases in values for residential parcels are pushing some of parcels above the homestead market exclusion. The Hennepin County Board of Commissioners set the County's maximum budget and tax levy on September 11, 2014. A 2.75 percent increase is being proposed in the general operating levy. By contrast, for the last four years the average increase had been 0.19 percent. The levy overall would be 3.07 percent. The factors affecting the proposed levy are the labor settlements reached a year ago as well as the fact that the Commissioners and County staff believe the County is under resourced in the human resources area. The County has not hired staff for four years in that area. For a median valued parcel in Shorewood the median value was $367,000 in 2014. It will be $3$6,000 in 2015. The median value is up 5.3 percent. The levy the County is considering for the County property tax will actually be a decrease of $6 for that median valued parcel. She noted the County's Truth in Taxation public hearing is scheduled for December 2, 2014. She stated she checked into the status of the Minnesota Department of Transportation (MnDOT) County Road 19 and Highway 7 signal project. County staff informed her that some of the needed components are supposed to arrive on. September 26 and the new signal should be installed by mid - October. She then stated that Mayor Zerby had talked to her about a potential trail along Mill Street. She does not have any farm information about that. She is aware that would be an expensive trail connection with impacts on some properties. Typically the County may consider a project like that when a roadway is reconstructed. That roadway is not scheduled to be reconstructed. She noted the new Hennepin County Excelsior Library opened about one week ago. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 201.4 Page 3 of 11 She then stated. Hennepin County and Ramsey County are talking about a collaborative effort for juvenile detention services. Hennepin County operates the Home School in the City of Minnetonka. Ramsey County operates Totem Town. Both of those facilities are old. The uses of those facilities have changed over the years. There are not enough children at the Home School buildings because the County tries to keep the in the community to keep the buildings occupied. The two Counties are in the very early stages of talking about the possibility of collaborating to build one new facility. She noted that the County is continuing to decentralize its social services. In October the County will open a facility in the City of Hopkins. She also noted the County is close to opening its new public safety facility. The grand opening will be October 3. Commissioner Callison then noted she was willing to entertain comments or questions from Council. Mayor Zerby thanked Commissioner Callison for her report. Councilmember Siakel stated a number of Shorewood residents have called to express their concerns about things going on at the Minnebaha Creek Watershed District (MCWD). She noted the Shorewood Council had sent the MCWD a letter asking for the MCWD Board meetings to be video recorded and made available for at least online viewing. When the MCWD relocated to a new building it put in state of the art video recording equipment in the meeting room where regular Board meetings are held. A number of other cities in the MCWD community have also made similar requests. She expressed concern about good governance on the part of the Board. There seems like there is chaos at the MCWD and there does not seem to be a direct response to people who could have some good input. She noted Council and the City values the MCWD. The City needs the MCWD as a partner. She stated that she understands that some of the decisions the Board made cannot be reversed. She suggested consideration be given to bringing in new members on. the Board that could bring in new ideas and thought and also provide some calm to the situation. Commissioner Callison explained the Hennepin County Board appoints watershed managers for three watershed districts --- the MCWD, the Riley Purgatory Bluff Creek Watershed District and the Nine Mile Creek Watershed District. The term of the appointments is typically four years. Typically the Board appoints a couple of managers each year. When she considers candidates she looks for individuals that will make good decisions. And, she has to look for a balance to represent different parts of the watershed districts and to have managers with different areas of expertise. She likes to believe she appoints good people and holds them accountable. When appointees are up for possible renewable she takes into account how they performed. She noted she also goes before the MCWD Board and she makes herself accessible to the MCWD Board. Commissioner Callison stated she sent the MCWD Board a letter about some of the issues that had transpired about one month ago. She noted that the MCWD is a high functioning and important watershed. For her it has been tough to see the changes. She noted that conflict usually comes from both sides. One side does not do it all right and the other side does not do it all wrong. The Board has some tough issues to deal with. The decision for the Board to hire a mediator was a good decision. With regard to transparency, Commissioner Callison stated that to her it makes perfect sense to make videos of public meetings available to residents. She is not sure why the MCWD Board is hesitant to do that. She is willing to share her perspective if asked. But, the Board needs to make its own decisions and then explain its rationale to the MCWD community. CITY OF SHOREWOOD REGULAR COUNCIL ?MEETING MINUTES September 22, 2014 Page 4 of 11 Commissioner Callison encouraged Council to invite the MCWD Board to have a conversation with Council. The Board might find that helpful. She stated that although the Commissioners appoint the managers, the managers respond to the all of the MCWD's constituents. Getting the MCWD Board of Managers to talk directly with Council about Council's concerns would be a very appropriate way to go about things. It would be a way to get things out in the open.. Councilmember Siakel stated there are concerns about the MCWD Board being dysfunctional. She indicated she thought there needed to be some intervention. She also thought there needs to be some new thoughts and talent on that Board. She clarified that she is conveying that the Board is a big issue for people. Commissioner Callison stated her opportunity to infuse new thought is when appointments are made unless a manager does something so egregious that it rises to maleficence, misfeasance, or nonfeasance. She noted that she does not believe that is what is going on with the MCWD Board. Councilmember Siakel stated it was pretty well documented that one member of the MCWD Board shouted profanities at a member of the public who came to address the Board. If that behavior occurred in this Council chamber or any other council she thought a council would take action. From her vantage point there has not been enough done about that situation. Commissioner Callison explained the Hennepin County Attorney had been contacted for guidance on the situation. The Attorney did not think the situation gave rise to maleficence, misfeasance, or nonfeasance. She noted she is pleased that the individual who acted that way has apologized for his behavior. Councilmember Sundberg stated she, like everyone on Council, has heard a lot about this issue. She then stated she supports the idea of asking the MCWD Board to come and openly talk with Council about what Council's expectations are of the MCWD and MCWD Board and what the MCWD's expectations are of the City. She went on to state Commissioner Callison and the Hennepin County Board have made quality appointments in the past. Situations with other watersheds were turned around. She hopes that will happen again. Sometimes changing just one player can drastically positively change the dynamics of the group. For the situation she is talking about that is what happened and she is appreciative for Commissioner Callison's efforts in that situation. Mayor Zerby thanked Commissioner Callison for coming and for looking out for the City's interests. 6. PUBLIC HEARING A. 7:10 P.M. PUBLIC HEARING — Vacate Drainage and Utility Easements Applicant: Brent Hislop Location: 5990 and 6000 Strawberry Lane Mayor Zerby opened the Public Hearing at 7:16 P.M. Director Nielsen noted that Item 6.A and Item 8.A go hand in hand. Item 6.A is a result of the request under Item B.A. Director Nielsen explained that Brent Hislop, 6000 Strawberry Lane, has arranged to purchase the westerly 250 feet of the property located at 5990 Strawberry Lane which is owned by Brian McConnell to enlarge his property. Mr. McConnell has agreed to the sale. Because the existing lot line will be moved Mr. Hislop has asked that the drainage and utility easements along the existing lot line be vacated as part CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 5 of 11 of the minor subdivision/combination in Item S.A. The existing easements are substandard on the McConnell property. There are five -foot drainage and utility easement along the side lot lines. The Zoning Code requires ten feet. He noted the location of the existing easements on a graphic. New conforming easements would be granted along the new common lot line. Both reconfigured properties will meet or exceed the size zoning standards for the R -lA, Single- Family Residential zoning district in which they are located. Nielsen noted that staff and the Planning Commission have recommended approval of both the vacation and the minor subdivision/combination. Mayor Zerby asked if Brockwood is a paper street. Director Nielsen responded it is. Nielsen explained that Mr. Hislop had previously subdivided his property to carve off a one acre lot along Cathcart Drive. Them is a ghost plat for that showing a street coming into that area with a cul -de -sac. At some time that could be divided into additional lots. Council chose to discuss the subdivision/combination in Item &A at the same time as the vacation. was discussed. Seeing no one present to comment on the case, Mayor Zerby opened and closed the Public Testimony portion of the Public Hearing at 7:22 P.M. Councilmember Woodruff stated the request is straight forward. Councilmember Siakel stated it was straight forward when it was discussed during the September 2, 2014, Planning Commission meeting. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 14 -081, "A Resolution Vacating Drainage and Utility Easements Located on the Property Line between the Properties Located at 5990 and 6000 Strawberry Lane." Motion passed 510. Mayor Zerby closed the Public Hearing at 7:23 P.M. Sundberg moved, Woodruff seconded, Adopting RESOLUTION NO. 14 -082, "A Resolution Approving Subdivision and Combination for Brent Hislop, 6000 Strawberry Lane, and Brian McConnell, 5990 Strawberry Larne ". Motion passed 510. 7. PARKS A. Report on the September 9, 2014, Park Commission Meeting Park Commissioner Hartmann reported on matters considered and actions taken at the September 9, 2014, Park Commission meeting (as detailed in the minutes of that meeting). A. Approval of Minor Subdivision/ Combination Applicants: Brian McConnell and Brent Hislop Location: 5990 and 6000 Strawberry Lane This was discussed as part of item. 6.A. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 6 of 11 B. Conditional Use Permit for Fill in Excess of 100 Cubic Yards Applicant: Peter Kapsner Location: 5905 Seamans Drive Director Nielsen explained that Peter Kapsner purchased the property located at 5905 Seamans Drive. Mr. Kapsner intends to build a new home on the property. He proposes to raise the grade on the properly two to five feet over approximately the front third of the site in order to accommodate a full basement and to maintain the current easterly drainage pattern on the site. The contractor estimates that the proposed grading plan will require approximately 300 cubic yards of fill to be brought on to the site. Shorewood's Zoning Code requires a conditional use permit (C.U.P.) for fill in excess of 100 cubic yards. Although two to five feet of fill appears to be a lot, 300 yards is considered to be a relatively small amount and it is being placed on a relatively small portion of the site, with the deepest area being behind the house. The grading is quite gradual, except for the small area behind the house. The C.U.P. process for fill /grading projects serves several purposes. It places heightened scrutiny on drainage to ensure it will not create drainage issues for surrounding properties, It provides control over traffic patterns for trucks hauling fill. That is a minor issue for this request because the amount of fill that will be brought in will not be significant. And, it advises local residents of what can amount to a dramatic change in terrain. He reviewed the City Engineer's recommendations which are as follows. • For the building permit, the grading plan should be revised to show the contrast between existing and proposed contour lines. « A defined swale should be graded across the front of the property to conduct drainage to the north and then east across the north side of the lot. The property in general drains to the east toward the Minnetonka Country Club's golf course. The applicant has provided a new survey showing that. • Silt fence must be placed around the entire area affected by construction. Nielsen noted that at the dais this evening there was a copy of an updated resolution which includes language about the property owner repairing the roadway should there be any damage from construction vehicles. Ile also noted that the Planning Commission unanimously recommended granting the C.U.P. Councilmember Sundberg asked if there is a wetland adjacent to the property. Director Nielsen clarified there is a wetland setback adjacent to the property. Councilmember Siakel noted she was the Council Liaison at the Planning Commission meeting when this was discussed. A couple of neighbors were present and they had their possible concerns addressed and were comfortable with what was being proposed. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 14 -053, "A Resolution Granting a Conditional Use Permit for fill in excess of 100 cubic yards for Peter Kapsner for the Property Located at 5905 Seamans Drive ". Motion passed 510. C. Conditional Use Permit for Accessory Space over 1200 Square Feet Applicants: Linda and Louis Tilton Location: 5620 Covington Road CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 7 of 11 Director Nielsen explained Linda and Louis Tilton own the property located at 5620 Covington Road. They propose to build an attached garage addition on the north side of their home. That addition, when combined with the floor area of other accessory structures on the property (a small shed and a garage / carriage house) puts the property in excess of 1200 square feet of accessory space. That requires them to obtain a conditional use perrait (C.U.P.) in accordance with Section 1201.03 Subd.2.d. of the City's Zoning Code. Nielsen reviewed how the applicants' request complies with the four criteria in Section 1201.03 Subd. 2.d.(4) of the City's Zoning Code. 1. The total area of accessory space (3102 square feet) would not exceed the floor area above grade of the home (4630 square feet). 2. The total area of accessory space would not exceed ten percent of the minimum lot size for the R- I A/S zoning district (.10 x 40,000 = 4000 square feet). 3. The old garage /carriage house is nonconforming with respect to its height and its setback from the property line. The shed does not comply with. the Lakeshore setback for Christmas Lake. It is 33 feet from the shoreline, whereas 75 feet is required. When there is a nonconforming structure a property owner cannot exceed 1200 square feet of accessory space except in certain cases where the structures have historical, architectural or cultural significance for the area. The Tiltons and their architect have done a good job of demonstrating how those structures comply with what the City is looking for with special structures. a. The buildings were there before the City was incorporated. Copies of aerial photographs and regular photographs dating back to 1956 and earlier were displayed. b. The buildings are in character and in keeping with the existing house which was built in the 1920s or 1930s. A copy of a photograph in a 1922 house and Garden Magazine article was displayed. c. The architect advises in his letter that the garage /carriage house is structurally sound. d. An ad hoc committee made up of Kris Sundberg (Council), Sue Davis (Planning Commission), and Justin Mangold (Park Commission), reviewed the material submitted by the applicants and voted unanimously to recommend to the Planning Commission that the property satisfied the historic preservation provisions of the Zoning Code. 4. The proposed garage is very much in keeping with the existing buildings on the property. Nielsen noted the Planning Commission held a public hearing on this request during its September 2, 2014, meeting and unanimously recommended approval of the C.U.P. He stated if this is approved the applicants will have to sign a maintenance agreement for the existing nonconfort ing structures. The City's ordinance is fairly liberal in what it requires in that regard. The Ordinance says the buildings will be maintained and nothing prevents the property owners from bringing the buildings into conformance by either moving or removing them. CITY OF SHOREWOOD REGULAR COUNCIL MELTING MINUTES September 22, 2014 Page 8 of 11 Councilmember Sundberg stated that as a member of the ad hoc committee she had the opportunity to go through this in detail. She is comfortable with what is being proposed and believes it will enhance the property considerably. Councilmember Hotvet stated based on what was included in the meeting packet there is a lot of support for this from.. residents in. the neighborhood and even by a former neighbor. Sundberg moved, Hotvet seconded, Adopting RESOLU'T'ION NO. 14 -084, "A Resolution Granting a Conditional Use Permit for Accessory Space Over 1200 Square Feet of Area for Linda and Louis Tifton, 5620 Covington Road" subject to the applicants executing and recording the maintenance agreement for the garage /carriage house and shed. Motion passed 510. D. Setting the Date for the Smithtown Sidewalk (west) Ribbon Cutting Director Nielsen stated there is a ribbon cutting ceremony for the Smithtown Road (west) sidewalk proposed for October 13 at 5:30 P.M. The ceremony will take place directly across the street from the Minnewashta Elementary School parking lot. There was Council consensus to accept the date as suggested. 9. ENGINEERING /PUBLIC WORKS A. Accept Quotes and .Award Contract for the Gideon Glen Parldng Lot and Drainage Report Engineer Hornby noted a revised handout from him was placed at the dais this evening regarding the quotes received for the Gideon Glen parking lot project. He explained that the bids for the project were opened on September 19, 2014. The low bid of $49,300.13 was received from Midwest Asphalt Corporation, Eden .prairie. The Engineer's Estimate for the project was $21,517.50. Staff attributes the high quote to the shortened 2014 construction season. Staff recommends Council reject the bids. Staff will consider combining this project with another 2015 street project as well as consider other alternatives. Councilmember Woodruff asked if the Engineer's Estimate needs to be revised or does staff think that is still a reasonable estimate. Engineer Hornby explained the capital improvement program (CIP) allocated about $12,000 for that project. Based on the current bidding climate staff did not think that amount would be sufficient. Staff did think the Engineer's Estimate would have been sufficient. The project also includes work on a culvert with the Minnchaha Creek Watershed District (MCWD) to resolve an erosion issue. About one -half of the cost is for the parking lot improvements. He thought that cost would be $12,000 — $15,000. Quotes were solicited from seven contractors and only one of them bid on the project. He thought contractors were too busy to do such a small project. Councilmember Woodruff suggested the project be talked about when the 2015 CIP is discussed. In response to a comment from Woodruff, Engineer Hornby explained Sunnyvale Lane is under construction. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 9 of 11 Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 14 -0851 "A Resolution Rejecting Bids for Gideon Glenn Conservation Open Space Parking Lot Improvements." Motion passed 510. 10. GENERALINEW BUSINESS 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Budget Report Administrator 3oynes stated the monthly budget report will be sent out tomorrow or the next day. Mayor Zerby noted the report did not get included in the meeting packet for the last meeting either. 2. Trail Schedule Engineer Hornby noted the meeting packet contains a copy of the Trail Schedule. He also noted the Smithtown Road east walkway project is on schedule. The feasibility report will be completed in October and it will be presented to the Planning Commission and Council in October. Other Director Brown stated Council was sent an email about the vehicle that damaged the warning house in Manor Park. Brown explained that on September 12, 2014, the Federal Emergency Management Agency (FEMA) had indicated that the cost to restore Enchanted Lane to the way it was before the _storm this summer would not qualify for cost recovery. He appealed that decision. The morning of September 8 he and representatives from FEMA walked the site and after substantial discussion FEMA reversed its decision. The City stands to recoup about $56,000 for Enchanted Lane restoration from FEMA. The total amount the City will recoup will be about $70,000. Brown noted that the parking lot in Freeman Park on the south side of the Park has been regraded. The installation of the Shorewood Oaks trail has been completed. He stated that when he was out inspecting the trail he had the opportunity to meet with the residents in that area and they indicated they liked what had been done. One resident suggested waiting to do any other grading modifications until there is an opportunity to see how the stormwater flows from the spring rains. Brown stated the clover plots have been planted. Staff is working on a watering plan with the people who have been involved with the planting. Mayor Zerby asked for an update on the fence in Freeman Park being too high. Director Brown explained there are ballgames still being played there. Staff wanted to hold off on fixing that until the games are almost done for the season. The coaches agree with that decision. The contractor is on board with getting that done. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 10 of I Councilmember Woodruff asked if staff is going to put the restoration of Enchanted Lane out for bids and if so when. Director Brown explained that staff decided that the City does not need to pursue a permit from the Army Corps of Engineers because the restoration could fall under a maintenance only category. Staff will seek quotes for the project this week and he hopes that Council will be able to award the contract during its October 13 meeting. Councilmember Sundberg asked staff anticipates that it will be difficult to water the clover in Cathcart Park. Director Brown responded he does not think there will be a problem. Director Brown clarified that during 2014 the only thing that will be done to Enchanted Lane is the gravel areas will be overlaid; not the entire roadway. Councilmember Woodruff noted Public Works staff has been doing some roadway patching out on Enchanted Island. He clarified that the patching work and overlay work are two separate things. Councilmember Sundberg applauded Director Brown for appealing FEMA's original. decision and ending up with a favorable decision, Engineer Hornby explained that Sunnyvale Lane is under construction. Last week the contractor was doing some erosion control installation and the bituminous and aggregate base was scraped off. The sanitary sewer work was started early today. He then explained that for the Valleywood Lane project there is turf coming up. The wear course will be installed and the project will be completed in 2014. Hornby noted that the City received nine proposals for a renewable energy alternatives study. Council was provided with a list of respondents at the dais this evening. He explained staff will review the proposals and provide Council with a summary and a recommendation for consideration. He noted that because one of the proposals received is from is an affiliate of WSB & Associates he will excuse himself from the review process. He did not even open any of the proposals because he does not anyone to think there is a conflict of interest. Director Brown stated the department heads will review the proposals. Councilmember Sundberg stated she would like to look at the proposals. Engineer Hornby clarified that all members of the Council will have the opportunity to look at all of the proposals as part of the review and summary process. Director Brown explained. that it has been the City's policy to leave the wear course on a newly constructed roadway off for one year in order to let the freeze /thaw action take its toll. During his 19 -year tenure with the City there has only been one time when pavement repairs had to be made before the wear course was put down. Staff discussed the damage the City plows could do to the curbing on Valleywood Road and it spoke with representatives from other communities about how they handle things. Staff is comfortable with foregoing the waiting period and putting in the wear course this year unless Council disagrees with that. Councilmember Hotvet asked staff to provide an update on the trail project being done as part of the Metropolitan Council Environmental Services (MCES) forcemain project. Director Brown explained that during Council's September 8, 2014, meeting he had informed Council that MCES realized that its forcemain in that area was located in a different spot than originally thought. The design engineers for MCES have revised the design for the retaining wall near the trail. The engineer for the contractor who actually designs the wall has submitted the design to MCES and MCES is doing the final checks on the design. Hopefully, things will move along as planned. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 22, 2014 Page 11 of 11 Mayor Zerby asked for an update on the Apple Road project. Engineer Hornby explained the contractor plans to start the work during the first half of October. Director Nielsen stated there is a South Lake area parks summit meeting scheduled. for September 23. He then stated there is an orientation scheduled for September 25 for the Metro Bowhunters Resource Base bowhunters. The 2014 deer harvesting effort starts this upcoming weekend. The City does send residents living on properties that abut the harvesting sites a notice of when the harvesting will occur. He noted the October Planning Commission's October meeting has been moved to October 21 and it will discuss the feasibility study for the Smithtown Road east walkway project. Prior to the meeting the Commission will walk the proposed walkway area. Administrator Joynes explained that on September 23 staff will be meeting with the Minnesota Department of Natural Resources (DNR) and the Minnehaha Creek Watershed District (MCWD) to update everyone on Christmas Lake activities. Staff will provide Council with a summary of what is discussed and planned. He noted there is an Excelsior Fire District (EFD) Board meeting scheduled for September 24. The 2015 EFD budget issues will be discussed during that meeting and the hope is that the issues can be resolved. He stated that he mid Attorney Deane are working on. drafting a document that will eventually be sent to the other four co- owners of the Southshore Community Center (SSCC). Council will consider the sending of the letter during its October 13 meeting. B. Mayor and City Council Mayor Zerby stated he attended the September 12 Movie in the Park event in Badger Park. It was a good event. The movie Frozen was most appropriate for a very chilly evening. He estimated there were 100 people at the event. Councilmember Hotvet stated she attended a Minnetonka Family Collaborative Council meeting as the City's representative. Minnetonka School District Superintendent Dr. Peterson gave a report on the State of the Minnetonka Schools. He reported the District almost has 10,000 students with approximately 2,900 of them being open. enrolled. He explained that without the open enrollment the District would have to close schools and lay off staff. Dr. Peterson noted the District is $83 million in the black. 13. ADJOURN Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of S 2014, at 8:06 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine freeman, Recorder ATTEST: S tt Zerby, M or i .lean Panchyshyn, Cit&ler�