04-12-10 CC Reg Min5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:07 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen;
City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director
of Public Works Brown; and Engineer Landini
Absent: None.
B. Review Agenda
Councihnember Woodruff requested Item I L.A.2 Update on the City -owned House be added to the
agenda.
Turgeon moved, Woodruff seconded, approving the agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, March 22, 2010
Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of March 22,
2010, as presented. Motion passed 510.
B. City Council Regular Meeting Minutes, March 22, 2010
Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of
March 22, 2010, as presented. Motion passed 510.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Authorize Purchase of Office Equipment - Photocopier
CITY OF SHOREWOOD REGULAR COUNCIL M EETING MlNurES
April 12, 2€ 1
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C. Adopting RESOLUTION NO. 10 ®011 "A Resolution Approving a Temporary 3.2
Pei-cent 'On -Sale" Malt Liquor License issued to the Excelsior Firefighters Relief
Association."
D. Adopting RESOLUTION NO. 10-012, "A Resolution Authorizing Mayor or City
Administrator to Execute a License to Allow Draintile Connection in Strawberry
Lane Right-of-Way to David and Abigail Klanecky, 6090 Strawberry Lane."
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
None.
A. Recognition of Service of Commissioners and Board Members
On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked Bob Gagne for his nine
years of service as a Planning Commissioner and presented him with a plaque of appreciation and
recognition. She noted Mr. Gagne had also served on the City Council and he worked at the Southshore
Community Center for many years. Mr. Gagne thanked Council and Staff for the opportunity, and he
encouraged all residents to volunteer some of their time to community service.
On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked Sue Davis for her almost
eight years of service as a Park Commissioner and presented her with a plaque of appreciation and
recognition. She noted Ms. Davis now serves on the Planning Commission. Ms. Davis stated volunteers
are never turned away and she reminded residents that the Arctic Fever event will be held again in 2011.
Travis DeMers was not present at the meeting to receive a plaque of appreciation and recognition for his
two years of service as a Park Commissioner. On behalf of the Council and the residents of Shorewood,
Mayor Lizee thanked former Park Commissioner Travis DeMers for his service.
Patrick Hodapp was not present at the meeting to receive a plaque of appreciation and recognition for his
for his seven years of service as a representative to the Lake Minnetonka Communications Commission
(LMCC). He also served on the LMCC Executive Committee in different capacities. On behalf of the
Council and the residents of Shorewood, Mayor Lizee thanked former LMCC representative Patrick
Hodapp for his service.
B. Tim Liftin, Executive Director, Minnetonka Community Education, Tour de Tonka
2010 Report
Mayor Lizee stated Tim Liftin, Minnetonka Community Education (MCE) Executive Director, is present
this evening to discuss the MCE's Tour de Tonka event, noting the event is one of the many things NICE
coordinates.
Councilmember Zerby asked Director Brown if Public Works has plans to seal coat any of the roadways
that are on the route in the City. Director Brown stated there is and that usually causes some tension.
Brown explained that before roadways can be seal coated they must be patched. Public Works staff
begins patching roadways as soon as asphalt is available. He thought Public Works has implemented a
good solution to deal with things. Once Public Works finishes patching the roadways the seal coating
effort is done subject to the contractor's schedule. Normally the contractor is responsible for sweeping all
of the roadways it seal coats. Public Works now sweeps the seal coated roadways that are part of the Tour
de Tonka route a few days before the event. A few years ago the City added an additive that shortens the
cure time. Brown noted seal coating of roadways in need cannot be postponed because of the event.
Mayor Liz& expressed her appreciation for the communication and cooperation that exists between
Director Brown and the Public Works staff and NICE personnel.
7. PARKS
Park Commission Chair Norman reported on matters considered and actions taken at the March 23, 2010,
Park Commission meeting (as detailed in the minutes of that meeting).
A. Manor Park Shelter
Administrator Heck stated during its February 9, 2010, meeting the Park Commission reviewed several
concept designs for the shelter in Manor Park. The Commission directed Staff to revise the options and
gather more information. The Commission reviewed the revised options and discussed six different
options during its March 23, 2010, meeting. The Commission selected a concept design which includes
an addition for two restrooms, a drinking fountain on the inside of the structure, a small utility room for a
forced air furnace, and a ten -foot extension of the existing canopy. He asked Building Inspector
Pazandak, who is the project lead, to comment on the concept design.
Building Inspector Pazandak explained the proposal is to add approximately 14 feet to the east end of the
shelter which is closest to the ball field. The inside of the existing structure is approximately 18 feet by 18
In response to a comment from Councilmember Turgeon, Mayor Liz& stated option 98 is the
recommended option.
Councilmember Woodruff stated the cost sheet for option #8 doesn't reflect the inside drinking fountain
feature being selected as part of the project for a cost of $750. Building Inspector Pazandak stated that
option could be added at a later date. Some members of the Park Commission did not want to include that
feature in the original project. Councilmember Zerby stated that's not his understanding of the
Commission's desire. Administrator Heck stated his recollection is the Commission wanted a drinking
fountain inside the building. Pazandak stated the fountain could be located either inside or outside of the
building and the cost would be approximately the same. That feature can easily be added to the project.
Director Brown stated based on the City's experience with adding a fountain at Eddy Station he
recommended putting it in now. Installing a fountain after the fact at Eddy Station was difficult and far
more costly.
Councilmember Zerby stated one of the pros of the proposed design is the roof structure remained the
same. It would not require a conditional use permit. Therefore, it would allow for the project to get started
sooner and that was important to the Park Commission. The option with a detached structure would have
been far more involved.
Park Commission Chair Norman stated the proposed option has the structure close to the play ground.
Councilmember Turgeon stated the City recently installed a SNOUT to increase the level of water in the
pond in Manor Park. She asked if that could potentially cause water problems in the Park. Building
Inspector Pazandak stated that area of the Park is already very wet.
Building Inspector Pazandak stated this project will be a "design build" type of project. There has been
recent discussion about removing two posts, which help hold the canopy up and replacing them with two
steel columns and a beam at the end. That would help address potential increased wind pressure.
Councilmember Turgeon stated that to her it appears the cost of the project would be approximately
$92,000. Building Inspector Pazandak clarified the high level estimate is $81,650, not including the
installation of a drinking fountain. He noted if this project wasn't done the City would still have to invest
in required repairs for an approximate cost of $9,325, noting those repairs are included in the $81,650
cost.
CITY OF SHO EW OD REGULAR COUNCIL MEE MINUTES
April t2, 2010
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Woodruff moved, Zerby seconded, approving the concept design Option 9 8 for improvements to
shelter located in Manor Park and authorizing Staff to proceed with the project including a
drinking fountain.
Building Inspector Pazandak stated the design includes a mop sink. He explained the restrooms would
have time controlled access t o them from the outside. Frorn the inside peo
ided with keys provi • �• ms. If the drinking fountain were located inside the building
people using the Park wouldn't have access to the fountain. Councilmember Woodruff suggested the Park
C ommission s o
Planning Commissioner Vilett reported on matters considered and actions taken at the April 6, 2010,
Planning Commission meeting (as detailed in the minutes of that meeting). Council Liaison Turgeon
elaborated on the report. Turgeon noted the Code Amendment for Zoning Permits was recommended for
approval on a 4/2 vote by the Planning Commission. Vilett stated the majority of the Commission didn't
want to get too involved in residents business; they were concerned about too much government
involvement. Vilett then stated that from her perspective it would be beneficial for the City to have some
type of handout that specifies what types of things require zoning permits and building permits.
Commissioner Vilett explained during the Planning Commission meeting there was discussion about
oversized vehicles parked on City roadways in residential areas. Two Commissioners stated those issues
weren't being policed even though the instances were being reported to the South Lake Minnetonka
Police Department (SLMPD). There had been a comment that an 18 Wheeler had been parked on a
roadway and another comment about a camper being parked. She stated she had brought up the concern
of storage sheds and PODS on residential properties and the adherence to setback requirements and so
forth, and the issue of PODS becoming semi- permanent storage fixtures. Councilmember Turgeon stated
there was some question about who was responsible for enforcing what. Turgeon commented residents
need to know people can't live in a camper on a street; it has to be on a residential driveway. The concern
about the 18 Wheeler was it was driven on the roadway when there were weight restrictions. Turgeon
suggested residents, staff and SLMPD personnel be educated on how such issues should be handled.
Councilmember Bailey asked if the new Administrative Code Enforcement process could address such
issues.
Administrator Heck stated the City has a parking ordinance that prohibits long -term parking of large
vehicles on City roadways. He explained it's up to the SLMPD to monitor and enforce the ordinance. He
stated he was not sure if State Legislation allows the City's Administrative Code Enforcement process to
handle non - moving traffic violations. He explained that traffic and parking on the roadways is not a
zoning issue. He stated the SLMPD should be monitoring and enforcing that.
Attorney Tietjen stated the Legislation does not include parking violations.
Councilmember Turgeon stated part of the issue is residents have complained about the issue of oversized
vehicles to the SLMPD but the SLMPD has not responded to residents' calls.
Councilmember Woodruff asked if there is a set of things the City should be considering writing
ordinances to cover.
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April 12,2010
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Director Nielsen stated there were two issues discussed: parking oversized vehicles on City roadways,
especially when there are weight restrictions, and people staying in RVs while they are parked ooCity
roadways. If an RV is parked on private property and people stay in them, the City can address that
{brmngb its zoning ordiumucea. When the R\/m are parked on City roadways, the SLMPD has &uaddress
the issue. The second issue discussed was PODS and temporary shelters becoming semi-permanent. The
Planning Commission will add that topic tV its work program.
Councilmember Woodruff expressed concern about the reported lack of enforcement by the SLMPD.Be
stated be has been hearing a similar thing from o:oidnoto for that last two years. He asked Mayor Liz6e,
the City's representative on the SLMPI} Coordinating Committee, bo bring this uptothe ConnooiKzc. Be
stated if resident calls the Sl.MP[) about a violation in their neighborhood they have every m:ueoo to
expect something will be done about it. He stated in his neighborhood there is a high level of belief that
nothing will hodone.
Muyo,l.iz& stated that is unfortunate. She will bring the uonunuunts forward. She then stated it has been
her experience that the 8LM9D has been very responsive.
A. City Code Amendment Planning Commission Chapter 201
Director Nielsen stated the Planning Commission had asked to have a review of the by-laws under which
they operated added to the Cononuiaaion`n 2010 Work Program. What was originally anticipated to be
minor changes tothe |uoQuuAc in City Code Chapter 20l (Planning Commission) turned out toho umajor
re-write of the Chapter. The draft revision to the Chapter included in this evening's meeting packet is a
result of working between the existing Code and the League of Minnesota Cities' (LMC) model Planning
Commission ordinance. The Cornnuioaiou appeared tobe generally satisfied with the way it operates, but
h thought the LMC`y uzdiuuucc better described their functions and duties. The Commission thought
adding aprovision regarding attendance expectations as well as u provision for uPlunning Connnnioxiou
liaison nxthe City Council was necessary.
Nio|mcm explained that prior to this meeting CouooUoucnuber Woodruff suggested u couple of changes,
noting Staff agrees with the changes. The old Code suggested there also be u liaison to the 9|aouin&
Commission from the Park Commission. Woodruff suggested that be deleted and included in the Pork
Commission's by-laws. Woodruff also suggested Section 201.06 Staff for the Commission bu modified to
opcoiFv the Planning Director ahu|| act as oiu[[ for the Planning Commission; the reference to City
Engineer, City Attorney and City Administrator should be deleted and replaced with other City staff and
the City Attorney may act as staff aarequired.
Counuilznenuber Zor6v asked if Section 201.07 Pov/co and Duties originally contained only 5
subdivisions. He u\utod it appears the revised draft Code ino|odmm 12 new subdivisions. Director Nielsen
stated that is correct. Nielsen explained the Planning Commission considered not including Section
210.01 Subd. \0 Capital Improvements and Suhd. \| Purchase and Sale ofReal Property, noting both
were included in the LMC`o model. Onfnduuu1u|y, bnib are statutory roquirerneu\e. Per guidance from
Attorney 7iu6eu,the language stipulates the Commission will review the Capital Improvement Program
onun annual basis.
2er6vfheo stated the p/uy Subdivision |O and I read they appear to, by |un', hind the Council from
making changes unless the Commission makes the reoonunnoodu1ion if it has anything to do with the
Comprehensive Plan (the Cornp Plan). Nielsen ozp|oiuud if the Council decides the City will purchase
property Council can either route tile proposal io the Planning Commission for its recommendation and
determination of its consistency with tile Comp Plan, or the City Council can declare it has no bearing on
CITY OF SHOR WOOD REGULAR COUNCIL M STING MINUTES
April 12, 2010
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Councilmember Woodruff stated Section 201.06 states the Planning Director may be required at times to
attend Planning Commission meetings. He thought it should be changed to say the Director shall attend
all the Planning Commission meetings. He suggested Council wait to take action until the changes have
been made.
Administrator Heck stated Council may want to discuss Section 201.03 Subd. 3 Members of the
Commission Removals. It states "The City Council shall have the power to remove any member of the
Planning Commission for just cause as defined in the Shorewood Personnel Policy .,. ". He explained
Planning and Park Commissioners can't be subject to the City's personnel policies and procedures. He
asked Council if it wanted to include the reference to "just cause ". Commissioners are not going to have
the same level of just cause as employees have. Mayor Lizee stated it would be wise to delete that.
Director Nielsen stated the Planning Commission discussed this and it wanted to have some standard in
there. Just cause was a defined term in the Personnel Policy. It was not intended to hold them to the
standard; it was intended to refer to that definition. Attorney Tietjen stated if Council wants to use the
same Policy, then it could be incorporated into the by -laws. Commissioners could also be included in the
scope of policy, but that may require an amendment to the Personnel Policy. Tietjen noted the City is not
required to have a just cause standard for commissioners. Councihnember Zerby stated he did not think
there was a need to include that; in all actuality the appointment is to serve at the whim of the Council.
Councilmember Woodruff suggested the subdivision be changed to "The City Council shall have the
power to remove any member of the Planning Commission."
Councilmember Woodruff again reiterated he would like to have the opportunity to review this
amendment one more time after Council's suggestions have been incorporated before it takes action on
the amendment.
Councilmember Bailey stated Section 201.05 Attendance specifies "... members of the Planning
Commission shall be required to attend no less than half the official meetings of the Planning
Commission held within a given calendar year unless specifically excused by the Chair of the Planning
Commission." He questioned why a commissioner would need an excuse from the Chair. He thought the
"bar was set low at 50 percent." He suggested deleting "unless specifically excused by the Chair of the
Planning Commission" from that statement.
Mayor Lizee stated she hoped that any commissioner that would have to miss a meeting would let the
Chair know.
Councilmember Bailey stated he thought the changes to the by -laws were good.
9. ENGINEERING/PUBLIC WORKS
A. Request to Waive Water Connection Fee
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Administrator Heck stated Engineer Landim and he had met with the Frank and ,loan Svoboda 25880
Nelsine Drive regarding a drainage and utility easement the City is trying to get from them for the
Nelsine Drive road reclamation project. He explained the Svobodas currently have the ability to connect
to water main at Eureka Road. The Svobodas were assessed $5,000 for the installation of water main
along Eureka Road in 1996. At that time they were told water main would be installed along Nelsine in
the next few years and they could connect to water main there instead if they so chose. Because water
main is not going to be installed along Nelsine Drive, they have decided they would like to connect at
Eureka Road. They would like to connect to water main without paying the $5,000 connection charge in
exchange for granting an easement. Staff believes this would be a fair exchange for the City. Heck noted
the City has done exchanges for other things in the past, but not necessarily a connection charge.
Engineer Landini noted Council had been provided with a copy of a revised resolution for consideration.
The language in the resolution is clearer than that in the resolution included in the meeting packet for this
meeting.
Mayor Liz6e noted the Svobodas were in attendance this evening.
Councilmember Turgeon asked if the drainage and utility easement still has to be filed. Engineer Landini
explained it will be filed once it's signed, and the City will pay the $46 filing fee.
Turgeon stated it was her recollection there were two easements required for this project. Engineer
Landini explained the O'Neills (25540 Nelsine Drive) have verbally agreed to sign an easement but there
are some issues with the property that have to be resolved first. He stated he did not know enough about
the issues to comment on them, but he is working on gaining an understanding.
Woodruff moved, Bailey seconded, authorizing the City Administrator to waive the Water
Connection Fee for Frank and Joan Svoboda, 25880 Nelsine Drive, in exchange for granting the
City a 10 -foot drainage and utility easement along the east side of Nelsine Drive as written in the
resolution provided to Council this evening.
Councilmember Bailey asked if the Svobodas did not have anything to trade would the City still waive
the connection fee. He then asked if it was an equity thing or was the City buying land for $5,000.
Administrator Heck explained the City was looking at this as an equity trade. Bailey stated that would
mean if the Svobodas had nothing to trade, the City would be handling the connection charge differently.
Bailey then stated he was uncomfortable with this equity trade arrangement.
Councilmember Turgeon concurred with Bailey's comment. She expressed concern that doing this would
open the City up to trade issues in the future.
Councilmember Woodruff stated the City is implicitly attaching a value to something the Svobodas are
offering. From his vantage point, it would obligate the City to consider similar offers in the future from
other residents. He then stated he would be comfortable with doing this, while commenting it isn't the
best situation. He expressed his willingness to agree to this. He thought the City was trading possible
revenue at some future date for value in an easement the City needs for a project.
In response to a comment from Councilmember Turgeon, Engineer Landini explained the easement
documents will identify all the easement specifics and the rights conveyed.
In response to a question from Mayor Liz6e, Engineer Landini explained the easement being discussed is
located entirely on the Svobodas' property. There is a separate easement being discussed, which would be
CITY OF S OREWOOD REGULAR COUNCIL MEETING MINUTES
April 12 2910
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located entirely on the O'Neills' property. Liz& stated it's her understanding that both easements are
necessary to address drainage issues. L,iz& asked if the City could end up considering a similar offer from
the O'Neills for this project. Landini explained the O'Neills currently don't have access to City water.
Mayor Lizee stated if this is approved the City would have to consider similar offers in the future; it may
not have to accept them, just consider them. She wondered if the O'Neills may want something such as a
cash offer in exchange for granting an easement.
Councilmember Turgeon stated she was uncomfortable with doing this. She expressed concern that
people could interpret the City executing this offer as putting a price tag on easements.
In response to a question from Mayor Lizde, Engineer Landini explained that Mr. O'Neill has received all
the necessary easement documents. He noted that the O'Neills have a different situation. Director Brown
explained the O'Neills have an issue of interest in the property.
Councilmember Zerby noted that in 2009 the City swapped land it owned for an easement from a
property owner on Smithtown Lane. He thought Staff needed to be given latitude to do things such as this
in order to be able to do a project. Councilmember Turgeon stated from her vantage point that was
different because a price tag was not put on the value of the property owners land. Zerby expressed
concern that not agreeing with the Svobodas' offer would delay the project.
Engineer Landini stated there is an alternate pathway for the storm pipe within the City's right -of -way,
and this would not require getting easements. The City is not locked into acquiring the easements. The
project cost would increase because some re- design work would have to be done. He thought the added
cost would be close to $5,000.
Councilmember Bailey expressed he thought doing such an exchange would set a bad precedent. He
stated there are a number of residents who have paid the $5,000 connection charge. He did not think
Council has resolved the water policy connection charge issue. Although he did not want to delay the road
project, he had concern about doing something different for one property owner, which could affect how
it deals with other property owners.
Councihnember Woodruff stated he did not think this would affect the water policy with regard to a
connection fee. This would be a trade of items of value. This City is bartering for something. The
O'Neills could potentially ask for some type of compensation for their easement.
Councilmember Zerby stated taking this exchange approach would not cost the City any out -of- pocket
money. It would be an eventual loss of revenue. The alternate pathway alternative would cost the City
additional out -of- pocket money.
Councilmember Woodruff stated the Svobodas could ask for compensation for granting the easement.
Councilmember Turgeon stated the City still needs the O'Neills to grant an easement if the current design
is used.
Councihnember Bailey stated he is willing to do this as a package deal between the City, the O'Neills,
and the Svobodas with the City waiving the water connection charge for the Svobodas in exchange for
easements from both the Svobodas and the O'Neills. The O'Neills would eventually have to pay the full
$10,000 cost for the access to City water (this includes the assessment cost and connection charge).
a'ry OF SH REWOOD REGULAR COUNCIL MEETING MINUTES
April 12, 2010
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Without objection froin the seconder, the maker of the motion withdrew the motion.
Mayor Liz& stated it was the Svobodas' property that was affected and not the O'Neills because the
Svobodas' property also abuts Eureka Road.
Councilmember Turgeon stated if watermain had been installed along Nelsine Drive the Svobodas would
have still have had to pay the $5,000 connection charge when they chose to connect to watermain.
Engineer Landini explained the resolution passed in July 1995 regarding to change the City's water policy
from a $5,000 cost to a $10,000 cost; the $10,000 cost was for both the assessment for watermain
installation and the connection charge. The Ordinance was changed before Eureka Road was
reconstructed and watermain installed.
Councilmember Zerby suggested this be continued until the O'Neills resolve the issue of interest they
have with their property and sign the easement. Director Brown stated it could take some time for the
O'Neills to resolve the property issue.
Councilmember Woodruff stated the next item on the agenda is to accept bids and award contracts for the
Nelsine Drive road reclamation project and the Meadow View Road and partial Wild Rose Lane road
reconstruction project. If the City is not successful in obtaining the two easements, then the bid award will
have to be revised to reflect the alternative pathway option, which would be located in the right -of -way. A
change order would have to be issued. He asked Staff when the change order would have to be issued in
order to keep the project on track. Engineer Landini explained a change order can be issued after the
contract has been signed but before construction is started.
Director Brown explained Staff has discussed what the worst case scenario if the easements don't work
out with the Svobodas and O'Neills. There is an alternate pathway for dealing with the drainage issues for
an additional cost. It would be up to the successful bidder to come forth with a schedule. From the time
Council awards the contract there is an approximate three to four week period before the contractor will
be ready to start the project.
B. Accept Bids and Award Contract for 2010 Road Improvement Project, City Project
NOs 10 -01 and 10 -02
The low bidder for the 2010 Nelsine Drive road reclamation and the Meadowview Road and Wild Rose
Lane road reconstruction projects is W. M. Mueller and Sons Inc. in the amount of $404,697.18. The
engineer's estimate was $606,610.
Councilmember Woodruff stated the bid from W. M. Mueller is approximately $50,000 less than the next
lowest bid and approximately $100,000 below "the pack." He expressed concern about the large
difference in bid amounts. He asked Staff if this was a good contractor. Engineer Landini stated the City
of Victoria and TKDA have done several successful roadway projects with this firm for Victoria over the
Motion passed 4/1 with Lizee dissenting.
Mayor Lizee again reiterated her opposition to any roadway reconstruction project that does not include
the extension of watermain (where it doesn't exist). She expressed her disappointment watermain will not
be installed as part of the Meadowview Road and Wild Rose Lane reconstruction project.
C. Authorization to Distribute Request for Proposal for Superior Control and Data
Acquisition System ( SCADA) System
Director Brown explained that in previous years' discussions about the capital improvement program
(CIP) Staff has discussed its desire to design and install a Superior Control and Data Acquisition
( SCADA) System for both the waste water lift stations and the municipal well system. The SCADA
System has been programmed into the CIP and Enterprise Budgets for both the sewer and water systems
over a three year period starting in 2010. Staff has written a request for proposals (RFP) for the design
and implementation of the base system as well as the design and installation of new lift station control
panels for Lift Station 15 and 17 located on Enchanted and Shady Islands.
Brown then explained the goal of the new System and controls is to obtain better alarm reporting and real
time or moderately delayed flow data and reporting. Data will also be provided to help reduce infiltration
and inflow into the service areas.
Brown stated the RFP is designed as a "performance based RFP." This was done because of the wide
range of technologies available for vendors use. The RFP specifies many of the detailed parameters while
at the same time leaving vendors enough latitude to identify their individual solutions.
Brown explained the proposals must be received by the City no later than 10:00 A.M. on May 12, 2010.
Staff anticipates it will present the proposal and cost considerations to Council during its Mary 24, 2010,
meeting.
Brown noted Staff will present an additional RFP for the actual reconstruction of the remaining portions
of Lift Stations 15 and 17 to Council during its April 26, 2010, meeting. Full reconstruction of these lift
stations have also been programmed into the CIP and Enterprise Budgets. The two RFPs were spaced out
because the control panel deigns and construction will take considerably longer than the remaining design
and construction of the Lift Stations.
Brown stated there are a couple of corrections to the RFP. Council has been made aware that the
submittal deadline in Section 1.5 was changed to consistently reflect responders must submit three copies
of their proposal. In Section 10.7.viii TDMA was changed to CDMA. He related that Councilmember
Motion passed 4/1 with Woodruff dissenting.
10. GENERAL/NEW BUSINESS
A. Grant Application for Organic Waste Recycling Pilot Program
Administrator Heck stated the meeting packet for this evening contains a grant application for a one -year
pilot Organic Waste Recycling program for Council's consideration. The pilot program would begin on
September 8, 2010.
Heck explained Hennepin County has a Waste Abatement Incentive Fund and the City could apply for
grants funds to cover half of the per - household cost of organic waste collection for pilot program
participants. Staff has discussed such a program with Organic Disposal, the recommended service
provider. The cost per household for organics waste collection would be $4 for pilot program participants.
The pilot program would be available to approximately 500 residents in the west portion of the City.
Organic waste would be picked up weekly during the summer months and bi- weekly during the winter
months. The pick -up would occur on Wednesdays, the same day as garbage and recycling pick -up.
Heck then explained the total grant request is for $24,540. There would be little cost to the City. The City
would have to provide nominal funds in the amount of $1,000 for the development and printing of a
survey and Staff time. The total project cost would be$25,540. If the grant is not awarded the City is
under no obligation to offer the program.
Heck went on to explain that at the end of the one -year pilot program period the City could decide
whether or not it wants to continue with organic waste recycling, noting the cost per household would be
$8. It could be extended to the entire City.
Heck stated Staff recommends Council authorize the submittal of the grant application.
Councilmember Bailey asked if when Heck said "little cost to the City" he meant $1,000, to which
Administrator Heck responded yes. Bailey asked if there is any risk to the City, to which Heck responded
no. Heck noted if the grant were awarded to the City, the City does not have to accept it. Heck stated Staff
is only asking for authorization to submit the grant application.
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April t2, 2010
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Councihnember Turgeon stated she wanted to know the full program cost. She then stated this would
require a third waste container. She also wanted to know the staff costs to bill the program participants for
the service as well as any other staff costs before she would support submitting the grant application.
And, she wanted to know what determines success. She questioned what the longterm cost to the City
would be after the pilot program is over.
Administrator Heck stated the City's Recycling Coordinator is managing this project; it falls under the
Coordinator's regular responsibilities. If there are not enough residents who want to participate in the
pilot program, it won't be offered. He again stated Staff is only asking for authorization to submit the
grant application.
Councilmember Turgeon stated she wanted to know the success rate of organic waste recycling in other
cities. She wants more information about what other cities are doing. She stated she didn't need to be on
the leading edge for everything.
Councilmember Bailey asked what the purpose was of doing such a pilot program. Administrator Heck
stated part of it is to determine if there is any resident interest in organic waste recycling. Heck then stated
Hennepin County may require cities to provide organics waste collection services in the next two to three
years. Bailey stated he was not sure what the point was in doing this now. He questioned what lessons
will be learned from the pilot program.
Mayor Lizee stated she thought it important to give residents the option to recycle organic waste. Such a
program would show that recycling organic waste would reduce the amount of solid waste collected. She
thought it would be great to start with a pilot program and learn more about it.
Councilmember Zerby stated he didn't think there is any harm in offering the pilot program. He noted
residents can subscribe to organic waste recycling already. He thought it would be a nice service to offer
the residents.
Councilmember Woodruff stated the Recycling Coordinator is already busy and this will be an additional
thing for her to take on. The Finance Department has to handle the billing and receivables for the
program. He didn't think all Staff costs have been identified. He expressed concern that other job
responsibilities will not be done if this takes a priority. He stated he thought organic waste recycling was
a great idea. He stated he is not in support of offering such a program at this time. He thought the City
could wait until Hennepin County makes it a requirement. He did not think "Shorewood has to be in the
business of trying to save the organic recycling world here ".
Mayor Lizee recessed the meeting at 9:03 P.M.
Mayor Lizee reconvened the meeting at 9:06 P.M.
B. Grant Application for Parr Recycling
Mayor Lizee stated based on the reluctance to support submitting a grant application for providing
organic waste recycling services she assumed Council would not support submitting a grant application
for providing recycling services in the City's parks.
Councilmember Woodruff stated he thought the City has asked its residents to recycle and he thought the
City should ask the same of itself.
CITE' OF SHOREWOOD REGULAR COUNCIL M ETING MINu
April 12, 210
Purge 14 of 16
1. Minnehaha Creek Watershed District Rules Update
Administrator Heck stated Minnehaha Creek Watershed District (MCWD) representatives and Lake Area
administrators met last week to discuss potential MCWD rules changes. There was a lot of philosophical
discussion about buffers and size of buffers. Everyone understood there needs to be a buffer.
Administrators expressed concern about applying that process to single family residential properties and
lots of records. The MCWD Board will discuss the comments it received during its June 2010 Board
meeting. He then stated some bake Area cities have sent in individual comments to the MCWD. The City
of Mound will draft of joint response from member cities. He noted he did not attend the discussion about
shoreland stabilization.
CITY OF SHIRK WOOD REGULAR COUNCIL MEETING INN MINUTES
April 12, 2010
Doge 15 of 16
2m City-Owned House
Administrator Heck stated the renters are still there. He's been informed by the rental agency that the
renters may be interested in purchasing the house and directed Bonnie Burton to follow -up with Mr.
Schwartz the rental agent. He noted the renters have had very few issues.
B. Mayor and City Council
1. Excelsior Fire District Board
Councilmember Bailey explained he attended a meeting of the Excelsior Fire District (EFD) on April 7,
2010. The Board was provided a review of the 2011 Operating Budget preliminary proposal and the 2011
— 2031 CIP. He noted draconian like cuts were made to the 2010 EFD Operating Budget because of the
anticipated 2010 $120,000 mandatory contribution to the Excelsior Firefighters Relief Association. EFD
Chief Gerber is proposing to restore some of the cuts made in the 2010 budget. He thought it likely the
City will see a several percentage point increase in its contribution to the District. H indicated it's his
understanding that there will property valuation reductions in the neighborhood of 8 percent this year
across the City. Therefore, the City will be under a lot of budget pressure. Should Council want him to
take a position back to the EFD Board, he recommended Council deliberate that at least at a high level
sometime during the next two meetings.
Councihnember Turgeon asked if there was any discussion about the impact of the State Legislature
taking fiends from the State's Fire Safety Fund for general State operations.
Councihnember Bailey stated he did not think that directly impacted the District.
Administrator Heck stated it doesn't directly impact the District. He explained fire departments
throughout the State request reimbursement for training; the reimbursements ultimately come from the
Fire Safety Fund (the Fund). There are a number of fire departments who requested reimbursements for
training but were not awarded them and others departments received much less than what was requested.
Also, the Legislature had not previously allocated all of the funds in the Fund for use. The Legislature
recently looked at the size of the Fund and decided to allocate $10.5 million from the Fund to the State's
General Fund leaving approximately $2 million in the Fund. In addition to reimbursement for firefighter
training, the Fund provides fiords to regional hazardous materials responders and the State Fire Marshall.
He explained a person's homeowners' insurance shows a .65 percent surcharge which is supposed to be
dedicated for fire safety purposes. That .65 percent surcharge is now going to go to the State's General
Fund. He stated he sent a note to the City's legislative representatives conveying the City was against
that. He noted that Representative Doepke voted against doing this. Unfortunately, it's been put into law.
Councilmember Turgeon asked that the topic of the City's community gardens be added to the next
Council agenda.
Mayor Lizee stated there is a South Lake Minnetonka Police Department Coordinating Committee
meeting scheduled for May 5, 2010.
CITY OF S1-It REWOO REGULAR COUNCIL MEETING MINUTES
April 12, 2010
Page 16 of
1.2. ADJOURN
Woodruff moved, Zerhy seconded, Adjourning the City Council Regular Meeting of April 12, 2010,
at 9.21 P.M. Motion passed 5 /0.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
Christine Liz6e, Mayor