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01.24.11 CC Reg Mtg Min CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 24, 2011 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizée called the meeting to order at 7:02 P.M. She noted Attorney Keane is present. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Mayor Lizée requested Item 8.A Bill Mason Zoning Violation Appeal be continued to the February 14, 2011, City Council meeting agenda as a courtesy to Mr. Mason because he did not receive information about this meeting. She also requested Item 11.B Lake Minnetonka Conservation District Board Appointment be added to the agenda. Zerby moved, Siakel seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 10, 2011 Zerby moved, Hotvet seconded, Approving the City Council Work Session Minutes of January 10, 2011, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 10, 2011 Siakel moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of January 10, 2011, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizée reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List Motion passed 5/0. 4. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 2 of 18 Councilmember Woodruff stated he and Mr. Farnes have been discussing a donation of a bus Mr. Farnes would like to make to the Southshore Community Center (SSCC) and that Mr. Farnes wants to talk about that this evening. Steve Farnes, 5445 Timber Lane, stated he acquired a bus equipped with a lift that he thought he would need for a family member. The 21-passenger bus is a 2005 with 160,000 miles on it and it burns diesel fuel. The bus is like new on the inside. He then stated he thought the SSCC might be able to make use of the bus. It’s his understanding that Administrator Heck has spoken with a member of the Southshore Senior Partners (SSSP) and there appears to be some interest. He explained that he would be willing to lease the bus out almost gratis for six months because he thought that length of time would be needed to fit it into whatever framework the SSCC operates under. Mayor Lizée stated there is a definite need for group transportation. She noted the Dial-A-Ride service is no longer available. She then stated if Mr. Farnes, the City and the SSSP can work out an agreeable arrangement she thought it would be a wonderful donation for Council to consider. Mr. Farnes suggested that for six months of use he receive a new set of tires for the bus. He noted he assumed the bus would not be abused during the six-month period. He stated he thought the community’s senior citizens need something like this. He expressed it would be a real asset. He stated he thought the City could use it if need be, and that maybe it could be rented out. He then stated he thought it would be a win-win for everyone. Mayor Lizée thanked Mr. Farnes for coming forward with this very generous offer. Councilmember Woodruff stated Mr. Farnes provided him with information about the types of parameters Mr. Farnes would like to have and he forwarded that information on to Administrator Heck. Mayor Lizée stated the SSSP meets again in February 2011. She suggested a proposed arrangement be drafted prior to that meeting so the SSSP can discuss it. She recommended Attorney Keane be involved. 5. REPORTS AND PRESENTATIONS A. State Senator Gen Olson, District 33 This item was discussed after Item 5.B on the agenda. Mayor Lizée introduced State Senator Gen Olson, District 33. She asked her to update Council on what is going on at the State Senate and what’s on the agenda. Senator Olson stated she is the senior member of both the Senate and House caucuses. She commented that she was extremely surprised that republicans are in the majority in both the Senate and House for the first time in a very long time. She noted she will not run for reelection after this term. Senator Olson noted she is the Chair of the Senate Education Committee and that her original career was in education. She explained the Senate passed a bill today on alternative teacher licensing with strong bipartisan support. She noted it’s the third year the Senate has passed this bill but the House has never passed it. The hope is the House will pass it this year. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 3 of 18 Senator Olson stated there is a cultural shift in the Senate because everyone relocated their offices for this session. The Senate majority has offices in the State Capital and the Senate minority in the State Office Building. In the State Office Building communications were easier because of the proximity of the offices. In the Capital the offices are spread out over four floors and that presents some communication challenges with colleagues. Senator Olson explained she is on fewer committees this legislative session in part because of her work load but also because the number of committees has been reduced. For example, the Policy Committee and Budget Committee have been consolidated into one. Education accounts for about 40 percent of the State budget and this will consume a great deal of her time. She is serving on the Finance Committee which is chaired by Senator Robling. It will deal with all the finance work of the various committees before it goes to the floor to be reconciled with the budget. She is also serving on the State Government Innovation and Veterans Committee. That Committee will focus on innovation, restructuring and streamlining the State’s role in delivery of services. She noted a big part of the budget is money that passes through and is distributed to other agencies such as the counties, school districts as well as for health services and education so forth. Senator Olson stated she attended two terrific presentations earlier in the day. One was by the County Administrator for Beltrami County. That Administrator stated the government is structured by programs, services, counts and budgets and not outcomes and results. The Administrator used the illustration that for money spent for drug treatment agencies are held accountable for how the money was spent, how many people were served, and if the rules were followed. There is no emphasis on if the treatments worked. There needs to be a focus in the future on spending money on things that work. Senator Olson then stated that recently United States Secretary of Education Arne Duncan was in the State and he espoused many of the education reforms the Education Committee has been working on for some time. She noted that next to Washington DC the State has the largest education achievement gap in the Country. Yet, the State has an excellent education system and wonderful teachers. Somehow the education system is missing the boat with the young students. It’s fallen prey to setting low expectations for students who happen to be classified to a category which indicates they can’t learn. There is evidence that those students can learn. During her work on reading proficiency with a goal of having students read proficiently by third grade parents identified that teachers are not being equipped with the variety of methods and tools needed to help struggling students learn to read. Those students may need to learn differently. She noted the State is spending $14 billion dollars on education and suggested there may be better ways to use the money on education. Senator Olson explained she is the chief author in the Senate on the bill regarding the issue of construction variances uses. The League of Minnesota Cities (LMC) established a Task Force which has been working with a lot of special interest groups (e.g., builders, architects) on this issue. She noted she has been hearing construction jobs are being held up until this issue is resolved. The bill drafted by the House included a number of items that were not in the original agreement and they caused some fuss. The items will have to be either revised or removed from the House bill. The goal is to get this billed passed soon; before the upcoming building season. Senator Olson stated from her perspective levy limits tend to drive up spending; she does not support the limits. She then stated she believes everyone understands that we will not pull out of the current economic times quickly. She went on to state that it’s important for all levels of government to identify and implement more efficient and effective ways of providing the services residents need and want. It includes identifying what services and amenities can be eliminated, and identifying and implementing ways to get the greatest return on government money spent. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 4 of 18 Senator Olson stated the bill last spring to abolish the Lake Minnetonka Conservation District (LMCD) did not advance, in part because it was presented so late in the session. She noted it’s somewhat likely to be raised during the 2011 session. She explained she has not had the time to synthesize all the input she received from the cities in her District. Senator Olson explained there are 15 senate districts that are almost entirely within Hennepin County serving 44 municipalities. Eighteen of them are entirely within District 33 and another two are partially within District 33. She indicated there is a definite need to discuss how to share common services in this District. She explained the challenge will be to determine ways for municipalities to maintain their identities and continue to chart their own destinies while at the same time delivering services in cost effective and efficient ways. Another challenge in this District is the 16,000 acres of water with undulating shoreline. She stated the City has the opportunity to be the poster child when it comes to sharing services. She asked Council to consider that during the next budget cycle. Senator Olson explained that an owner of a business located in the City of Mound shared his business’s property tax information with her. The tax amount was more than $10,000 for a small area and somewhat limited building in terms of use. Of the three local government units on the bill the County’s tax was highest, followed by the City of Mound’s and the Westonka School District’s being the lowest. The tax bill also included a state-wide business property tax in excess of $3,000 as well as a fiscal disparities charge in excess of $2,000. Senator Ortman’s bill proposes eliminating the automatic inflator to the business tax. The bill also included taxes for things such as the watershed districts. There needs to be redistribution in the fiscal disparities. The state-wide property tax is almost undoing some of the relief intended for commercial property taxes. Changes need to be made to that tax system so as not to over burden those we rely on to create jobs. Senator Olson wished Council well, especially new Councilmembers Hotvet and Siakel who chose to run for office knowing of these difficult times. Mayor Lizée thanked Senator Olson and Representative Doepke for coming this evening. She stated there is a lot of energy at the State Capital and at this Council. She noted that further on in the agenda Council will be discussing community visioning; it’s very important to this Council. She has called for a three-city work session on January 31, 2011, with the Cities of Excelsior, Shorewood and Tonka Bay to pick up with the community visioning initiative done in 2002. Part of the brainstorming session will be about the possibility of sharing services. State Representative Doepke stated she is always impressed with the cities in this District. She thanked the Councilmembers for running for office. She stated she tells her colleagues in the House of Representative that she has the best job because of the cities in her District. She then stated when times are tough the cities step up to the plate. Senator Olson stated if there is any information Council thinks either of them have that could be of benefit she asked Council to let them know. Discussion moved to Item 6.A on the agenda. B. State Representative Connie Doepke, District 33B This item was discussed after Item 4 on the agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 5 of 18 Mayor Lizée introduced State Representative Connie Doepke, District 33B. Representative Doepke thanked Council for the opportunity to come before it this evening. She noted she sends out email updates every 7 – 10 days during a legislative session. She explained she has just started her second term as the State Legislature for District 33B. She stated the current legislative session will be a great deal more difficult than the last session because the Legislature has a $6 billion deficit to close. She indicted things are moving as if it were the end of session; they are moving much more quickly. She stated the House of Representatives is concentrating on bringing down the deficit and creating jobs. It’s also reviewing the services the State provides and how to minimize the duplication of services. Representative Doepke reviewed the committees she is a member of. She is the Vice-Chair of the Education Reform Committee. She meets monthly with the superintendents of the school districts in her District. This Committee is assessing all of the education related mandates that are in place. It’s likely that some of them may no longer be appropriate and she is working with the school districts to identify areas for mandate relief. She noted that millions of dollars are being spent by school districts on those mandates. She is a member of the Taxes Committee. The Committee has decided that for 2011 and 2012 there will be no cuts to local government aid (LGA) when compared to the amount they received in 2010. The Tax Committee’s philosophy is to codify the unallotments. There was House bipartisan support (House File 1) for doing that at the end of the legislative session in May 2010. The Committee has reviewed everything in that bill. The cuts have been in place for two years and should save about $700 million in the outlying years. She is also a member of the Higher Education Policy and Finance Committee. This Committee is starting to take a look at higher education. The Committee has decided to continue with the cuts taken for higher education during the last session. That has been communicated to the Minnesota State Colleges and University System and to the University of Minnesota. The Committee recently had a lengthy meeting with University of Minnesota President Robert Bruininks. Representative Doepke stated she is a co-author of a variance bill, a bill the City has asked for. There has not been a hearing on this bill. Councilmember Woodruff stated that in the past the City has received some market value homestead credit money from the State. He asked if it will be reinstated. Representative Doepke stated she will check into that. Woodruff gave the following example. When Shorewood levies $1,000 in taxes the market value homestead credit goes out of that levy amount to the property owner. The State is supposed to reimburse the City for that credit. The State has not done that for the last several years for the City. The property owner gets a benefit and the City takes a loss. Mayor Lizée stated she is pleased to hear that legislators are working collaboratively to find efficiencies. She then stated the Shorewood Council is looking at how to work better with other government agencies, in particular with other local municipalities. Representative Doepke stated 46 percent of the members of the House of Representatives are new this legislative session. There are approximately 38 new members in both the democratic and republican parties. She noted that she was asked to help lead a session for freshman legislatures on civility in government. That session lasted about one and one half hours; it was scheduled to last 45 minutes. She stated she is reaching out to members on the other side of the aisle as Vice-Chair of the Education Reform CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 6 of 18 Committee to partner on bills. She expressed that Minnesotans respect balance. She stated to date it appears that Governor Dayton is willing to listen to both sides. Councilmember Zerby asked what the House proposes to do about the tax abuse by prisoners. Representative Doepke responded she has not read the bill that has been proposed and therefore will not comment on it. Doepke stated she will get back to Zerby after she has read the bill. Representative Doepke noted that although she is a fiscal conservative she does think it’s extremely important for everyone to work together. Mayor Lizée thanked Representative Doepke for coming this evening. Discussion moved to Item 5.A on the agenda. 6. PUBLIC HEARING A. Storm Water Pollution Prevention Program Public Information Meeting Mayor Lizée opened the Public Information Meeting at 7:42 P.M. She asked Engineer Landini to give a brief presentation about the City’s Storm Water Pollution Prevention Program (SWPPP). Engineer Landini stated that holding a public information meeting about the City’s SWPPP is a requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water permit, a permit required by the Federal Clean Water Act. Landini explained the City’s SWPPP has six minimum control measures (MCMs) which are used to evaluate the City each year. He reviewed the measures and what progress the City had made in 2010 to satisfy each measure.  MCM 1 – Public Education and Outreach The City co-hosted one rain garden seminar with Metro Blooms.  The City hosted one shoreline restoration seminar.  Published four water quality related articles in the Shore Report.  This public information meeting was advertised..   MCM 2 – Public Participation and Involvement This public information meeting satisfies the requirement for 2010. No one  attended the meeting held in 2010.  MCM 3 - Illicit Discharge and Detection Elimination The City approved an ordinance two years ago to prohibit illicit discharges into  State waters. An illicit discharge could be something such as dumping paint in a storm drain to dumping trash in the woods.  MCM 4 – Construction Site Storm Water Runoff Conducted construction site erosion control inspections during building  inspections. The frequency of inspections varied. The City’s Building Inspector is now certified to conduct erosion control inspections.  MCM 5 – Post Construction Storm Water Management Adhered to the Minnehaha Creek Watershed District’s regulations regarding post  construction storm water management (the majority of the lands inside the City were within the MCWD jurisdiction). The City Code Zoning and Subdivision CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 7 of 18 Regulations 1201.26 Subd. 8 addresses post construction storm water management for lands outside of that jurisdiction.  MCM 6 – Pollution Prevention and Good Housekeeping Continued to sweep the City streets, protect the stock piles located at Public  Works, inspect outfalls and ponds (ten ponds must be inspected each year), and applied road salt sparingly when needed. Seeing no one present wishing to speak on this topic, Mayor Lizée opened and closed the public testimony portion of the Public Information Meeting at 7:45 P.M. Councilmember Woodruff stated illicit discharges also include yard waste, brush and so forth. Therefore, it’s illegal for residents to dispose of leaves and grass in wetlands. Zerby moved, Woodruff seconded, directing Staff to Prepare a Record of Decision Regarding the City’s Storm Water Pollution Prevention Program. Motion passed 5/0. Mayor Lizée closed the Public Information Meeting at 7:47 P.M. 7. PARKS Commissioner Quinlan reported on matters considered and actions taken at the January 11, 2011, Park Commission meeting (as detailed in the minutes of that meeting), noting that Arctic Fever Chair Sue Davis would report on the recent Arctic Fever event. Councilmember Woodruff stated that he read in the Park Commission meeting minutes for that meeting that the hockey association chose not to utilize the City’s outdoor hockey rinks this year. He asked if the City was provided any reason for that decision. Commissioner Quinlan stated he was surprised by that decision because in the past the City had been pressured to have more rinks. Woodruff asked the Commission to provide Council with additional information about this. thth Sue Davis reported on the Arctic Fever Event held on January 15 and 16. The skijor event and Princess Tea were strong events. The trail for skijoring was fantastic. It’s estimated that 700 – 800 came through th Freeman Park on January 15. Mushers gave about 200 rides; about 50 too many. She stated she will th write up a report on the event after event wrap-up meetings scheduled for January 25 are held. She noted the Midwest Skijor Club wants to conduct two training classes in Freeman Park next fall; one on dry land and one after there is snow on the ground. Director Brown thanked Gabriel Jabbour, owner of the Shorewood Yacht Club, for allowing the City to use a machine to help groom the trail for the skijoring race. He noted the City was in a bind prior to that. Mayor Lizée encouraged the Park Commission to engage the Excelsior and Tonka Bay Park Commissions to share the joy and work in this effort for next year. 8. PLANNING Commissioner Hutchins reported on matters considered and actions taken at the January 18, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Lizée asked if the State Highway 7 and Galpin Lake Road intersection redesign will include consideration of creating a trail along Galpin Lake Road south of State Highway 7 to connect that area to CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 8 of 18 the LRT trail in the City of Excelsior. Director Nielsen responded this is about the actual physical configuration of the intersection, and it has more to do with vehicular traffic than pedestrian traffic. Nielsen stated he thought the Trail Planning Committee will discuss that trail request. He explained the City’s Comprehensive Plan shows a specific configuration for the Shorewood side of that intersection. The Minnesota Department of Transportation made improvements to the intersection and the particular design in the Comp Plan may not be valid anymore. A. Bill Mason Zoning Violation Appeal Applicant: Bill Mason Location: 27680 Island View Road This item was continued to the February 14, 2011, City Council meeting agenda. B. Nonconforming Accessory Structure – Mary Edwards Director Nielsen explained in July 2010 Mary Edwards was granted a conditional use permit (C.U.P.) to construct a house on a substandard lot located at 6170 Ridge Road near Christmas Lake. There were a couple of nonconforming structures on the lot. Even after the C.U.P. was granted, there was question if the nonconforming shed/deck near the shoreline of Christmas Lake is a legal nonconforming structure. The Planning Commission and Council asked Ms. Edwards to provide evidence that the structure existed prior to the city’s adoption of a zoning code. Ms. Edwards submitted a letter from the adjoining property owner testifying the shed/deck has been there since the City was incorporated. The Planning Commission found the letter to be adequate and the Commission recommended the approval of the certificate of occupancy. Councilmember Siakel stated she was the Council liaison at the January 18, 2011, Planning Commission when the letter was discussed, and she agrees with the Commission’s recommendations. Siakel moved, Hotvet seconded, approving the certificate of occupancy for Mary Edwards for the house on the property located at 6170 Ridge Road. Councilmember Woodruff stated that for a long time the City has had a very rigid policy about this sort of thing. He then stated that although he thought the letter of testimony from an adjoining property owner that the structure is legal is credible, he expressed concern that using that criterion for proving legality of a structure is at the far end of the spectrum. He cautioned Council and Staff to be careful with this type of proof. There are many structures like the one in question around and he expressed concern that the City could be setting a precedent. Director Nielsen stated the Planning Commission has directed Staff to review the criteria used for evaluating these types of things. Councilmember Zerby asked if the City has any type of inventory system to identify structures currently in place for people to use twenty years from now. Director Nielsen responded the City’s aerial survey from 1966 is sort of the starting point and there has been discussion about using that as a baseline. The City also has aerial photographs but the quality of them is not always the best. In cases like this, there is public testimony. There are more and more properties that have been surveyed and the surveys can be used. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 9 of 18 C. Conditional Use Permit Applicant: Shorewood Yacht Club Location: 600 West Lake Street Mayor Lizée explained the Shorewood Yacht Club (SYC) was granted an interim conditional use permit (C.U.P.) about three years ago that allows the SYC to rent 35 of its boat slips for power boats. At that time, it was agreed the permit would be reviewed in three years for permanent consideration. Director Nielsen explained the Planning Commission held a public hearing during its January 4, 2011, meeting to consider if the interim C.U.P. for the SYC should be made permanent. He noted the owner of the SYC asked that the original request, which would have allowed for 50 percent of the SYC slips to be rented for power boats, be considered. The Commission has recommended the interim C.U.P. be made permanent. After lengthy discussion, the Commission also recommended limiting the number of slips rented to power boats to 52, plus the four power that were part of the original C.U.P. All of the slips for power boat rental must be confined to piers 3 and 4. Mayor Lizée clarified Council is not holding a public hearing this evening. The City’s Planning Commission already held one and it was well attended. She stated the City has received letters, email comments, and direct testimony regarding the C.U.P. request. She asked Council if they had questions about this request or if they were prepared to make a motion. Councilmember Woodruff stated there are at least two people in the audience who would like to comment on this and he asked Council to allow them to do so. He noted he also has some comments he would like to make. Mayor Lizée noted that Gabriel Jabbour, owner of the SYC, and Mike Mahoney, manager of the SYC, were present this evening. She asked that those people wanting to comment tonight come up to the podium to address Council and give their name and address and to limit their comments to two minutes. She stated if people have already given public testimony about it at a public hearing they do not need to be reiterated being they have already been documented. Mike Kramer, 5425 Timber Lane, stated he has lived at this location for 35 years. Based on discussion with eight of his nine Timber Lane neighbors, he believes his assertions are consistent with their feelings. Mr. Kramer read aloud the following email he had sent to Councilmember Woodruff. “Dick, Thanks for the update. (I believe) Neither the owners’ intentions, whether John Cross or Gabe, have changed over the years nor have the residents’ opposition. I plan to show up and replay the residents’ side of the broken record. Thanks again for the support. My 56 years of residence in Shorewood, including before it was Shorewood, have seen developers and businesses continually try to deceive and wear down councils and hope for apathy and forgetfulness on the part of residents and lawmakers. Misleading residents and councils are their stock-in-trade. I can bore you with examples but I’ll spare your and my time and blood pressure. Keep up the fight for the residents.” Mr. Kramer stated he believes that over the years the Shorewood Council has been stewards with this residential community. He recollects there being comments and emails stating the City is in good shape financially because residents are willing to pay high taxes to live in a high quality, quiet community. As noise goes up and quality of life goes down these high tax payers may think about where to live again. Mr. Kramer reviewed what he thinks has changed since the mid 1970s when the City denied powerboat mooring to the SYC. The new owner, Gabriel Jabbour, differs from John Cross, the previous owner, in CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 10 of 18 two major ways. He is charming, and he has more cleaver lawyers. He expressed he can’t see anything else that has changed. He stated there have been problems with noise, wakes, and unsightly powerboat canopies. From his vantage point, there seems to be no effective way to report violations of the C.U.P. Calling 911 is neither a proper or an effective method of reporting or control; that is not what 911 is for. He does not think power boaters will change their behavior just because they moor at the SYC. Mr. Kramer stated minutes from a Planning Commission included in the meeting packet state power boaters are happy with the rental discount they receive from the SYC if they are residents in the City. He then stated power boaters have many options in where they can keep their boats. But, he has few options about what happens in his front yard. Mr. Kramer recommended the SYC be kept for sail boats and to consider reducing the power boat population to improve the quality of the neighborhood. He asked Council to continue to be aware of developers continually chipping away at the quality of the neighborhood. He asked what will happen when the condominiums are built on the property where the dredging company currently is. Nick Ruehl, 456 Lafayette Avenue, Excelsior, stated that in the summer of 1974 he was swimming in the bay on a raft that was just out from the edge of the water with another person. That was before there was a SYC. Around that time, John Cross approached him and others about his desire to build a sailboat marina. Because of his experience with zoning, it appeared to him that would be allowable in a residential district. At that time, it was fought with a great deal of money and time. The City fought the idea of having a sail boat marina because of the residential neighborhood. It was fought all the way up to the State Supreme Court. Since that time, there have been changes to the marina. Power boats have been allowed at four slips at first, and then additional power boats have been allowed. Now there is a request for more power boats. The neighborhood hasn’t changed; it’s still a residential neighborhood. He asked Council not to continue to intensify the use of power boats at the marina, noting he does not know why that is needed. Councilmember Woodruff stated he has done some research on this topic over the last couple of weeks starting back to when the case went as high as the Supreme Court through today. He explained the City originally granted a permit to the SYC on the basis that it was a sailing only club. The SYC was allowed to have four power boats moored there. Woodruff then stated that a little over three years ago Council voted on a 3/2 vote, with he and former Councilmember Turgeon dissenting, to allow the SYC to rent out 35 of its slips for power boats; that’s in addition to the four slips already allowed for power boats. One of his reasons for voting against the request the last time was because the only hardship for the SYC was economic. From his vantage point, that continues to be the case today. He believes the current SYC owner bought the business when it was financially challenged and since then has been trying to make it a viable business. He perceives the SYC is trying to engage the City in trying to make the business viable, and he does not think that it’s appropriate for the City to do that. He stated financial hardship is not a good reason. He expressed the rental discounts to Shorewood residents is fluff and smoke that cover up the fact that the SYC needs power boats in order to be financially viable. He stated that is not the City’s responsibility. Woodruff went on to state during the original permitting process, and again three years ago, there were potential issues about stirring up what people thought were contaminants in the bottom of the Gideon Bay. The Bay had been the outlet for the Excelsior Sewage Treatment Plant. There was belief that power boats would stir up the muck much more than sail boats. Woodruff explained that during a lawsuit several years ago the attorney for Mr. Cross engaged a company called American Engineering Testing, Inc. (AET) to take sediment samples from the area near the SYC CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 11 of 18 and out further out in Gideon Bay as well as off of Howard Point. AET sent the samples to another company to have them analyzed. He noted Director Nielsen was able to obtain a copy of the AET report and it was recently distributed to Council. He explained at that time the City hired Dick Osgood to also assess the silt in the bottom of the Bay. He stated Mr. Osgood’s reports were good but inconclusive. Mr. Osgood only focused on phosphorous, yet that is not the only thing that can be a contaminant in silt. Woodruff highlighted findings in the AET report from 2004. The phosphorous level off Howard Point was 42 and it ranged from 66 – 146 in the silt around the SYC. Total nitrogen was just over 3000 off Howard Point and it ranged from roughly 4,600 – 19,500 around the SYC. Nitrogen is not a hazardous item; it does promote the growth of plants. Chromium, a carcinogen, was about 6 off Howard Point and it ranged from two to three times that around the SYC. Lead was 45 near Howard point and it ranged from 18 – 60 around the SYC. Copper was about 11 off Howard Point and it ranged from 27 – 65 around the SYC. Barium, a nasty chemical, was 177 of Howard Point and it ranged from about 130 – 200 around the SYC. Woodruff stated AET also compared the sediment analysis results to data published in a 1996 Minnesota Pollution Control Agency (MCPA) report on lake sediments in various lakes throughout Minnesota. The phosphorous level in the sediment for the area in the MPCA report that was used to compare to was over 1000. AET and the attorneys for Mr. Cross concluded there was not a problem. He then stated there is no standard for how much there should be. He expressed it’s not valid to compare the sediment around the SYC to other lakes in Minnesota, but it is valid to compare it to that found off of Howard Point. He commented that the level off Howard Point may or may not be acceptable. He expressed his concern about stirring up the sediment in the bottom of the lake. Woodruff then stated should Council grant the permanent C.U.P. he asked there be some conditions of approval based on requests he has received from residents. One would be that the awnings and slipcovers be removed from the slips in the late fall for the winter season. Another would be for the City and the SYC to examine the SYC’s storage policy for the possible encroachment on to the right-of-way relative to the trail. Councilmember Zerby stated he does not have the expertise needed to assess the various levels of contaminants. He then stated that he believes this is not a financial issue. It’s about giving residents and the surrounding community access to Lake Minnetonka. Things change over time. For example, he was an avid snow skier in 1974 and the slopes he skied on were solely for skiers. Today, they are used by snow boarders about 50 percent of the time. The Lake used to be used a lot for water skiing. Today there is a lot of wake boarding. People’s preferences for recreational activities change over time. He noted most sail boats have a motor on them and they are under power as they leave the marina and they likely stir up sediment. He stated he has not seen any studies about the amount of sediment a power boat motor stirs up versus a sail boat motor. Zerby then stated he read in minutes from some Planning Commission meeting comments about applying to the Lake Minnetonka Conservation District (LMCD) for quiet water restrictions. He asked if that is something that has been done, and if not, is it the intent to do it. Director Nielsen explained that during discussions about granting the interim C.U.P. three years ago a decision was made not to go forward with that because the quiet waters already extend quite a distance out into the Bay. Nielsen stated Staff can look into that if that’s Council’s direction Zerby went on to state that he wants the potential issue of the easement on to the right-of-way addressed as well as any potential issues with awnings. He commented that he has never seen a report on the sizes of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 12 of 18 power boats mooring at the SYC and he asked if there is such a report. If not, he would like to have at least one report on boat sizes. Zerby noted the Planning Commission voted unanimously to recommend approval of the permanent C.U.P. He stated the Commission has a reputation for discussing things thoroughly and considering all of the pertinent details. Councilmember Hotvet asked if there is a channel of communication that is closely followed by both the residents and the land owners when a complaint is made. Director Nielsen explained that when the interim C.U.P. was granted three years ago complaints were discussed. At that time, a decision was made for people to file complaints with the South Lake Minnetonka Police Department (SLMPD). Residents appear to be reluctant to call 911, but that is the way to reach the SLMPD. The SLMPD is around all of the time. City staff is not. The complaint call may not result in the issuance of a ticket, but it will result in a report being filed. Mayor Lizée stated the complaint process was established three years ago. At that time, the SLMPD was asked to provide the City with an annual report on such complaints. She reiterated the only way to contact the SLMPD is through the 911 dispatch service. She stated the SYC personnel are open to talking with residents if they have complaints. Councilmember Siakel stated it’s her understanding there has only been one complaint during the three- year term of the interim C.U.P. Director Nielsen clarified there have not been any complaints, and there was one compliment received. Mayor Lizée stated there was one police report issued and that was for a boat owner who locked their car keys in their car and needed help to get into the car. Siakel then stated the report from AET states “It is our opinion that the sediments in and around the Shorewood Yacht Club will not adversely impact water quality even if they are re-suspended by boat traffic.” She noted there is a dredging company near the SYC and it’s very likely that the large dredging equipment moving in and out of that bay stirs up more sediment than a power boat does. She stated she is not aware of any complaints about that. Siakel asked if the LMCD quiet water restrictions in place are adequate when it comes to managing speed in Gideon Bay. Director Nielsen explained it was discussed three years ago and a decision was made not to ask the LMCD to impose any additional quiet waters restrictions. There was belief there were enough restrictions in place. Siakel stated she was the Council liaison at the January 4, 2011, Planning Commission meeting when the public hearing was held on the C.U.P. request. The Commission did an excellent job. It listened to concerns expressed. It unanimously recommended approval. Mayor Lizée stated the Council is considering a C.U.P.; it’s not a variance request. Hardship is not the issue being considered with this request. A marina is a permitted use in a lakeshore recreational district. She stated Councilmember Woodruff’s comments and conclusions about the chemicals in the water are his conclusions and thoughts. She noted that none of the Councilmembers is a scientist. Siakel moved, Zerby seconded, directing Staff to prepare a resolution approving a permanent conditional use permit for the Shorewood Yacht Club allowing a maximum of 52 power boats to be docked at pier #4 and the west half of pier #3 plus the four power boats that were part of the original C.U.P. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 13 of 18 Councilmember Woodruff stated the report from AET date August 10, 2004, also states “Based on the sediment sampling and analysis data and comparison to data published by the MPCA” which is the data he referenced from around the State AET didn’t think there was a problem. He then stated it’s important to find out if the other lakes are the standard or are they just samples. He thought, based on the report, they were just samples. They are not the standards. Motion passed 4/1 with Woodruff dissenting. 9. ENGINEERING/PUBLIC WORKS A. 2010 Traffic Control Sign Inventory Engineer Landini stated the meeting packet contains a proposal for doing a traffic control sign inventory. Landini explained in 1993 the Federal Department of Transportation (DOT) Appropriations Act recognized traffic control signs need to have a minimum nighttime visibility. The Federal Highway Administration added minimum nighttime visibility language to the Manual of Uniform Traffic Control Devices (MUTCD). The Minnesota DOT (MnDOT) adopted the language in the MUTCD in 2008. The MUTCD identified specific milestone due dates which are: adopt a policy on the maintenance method for traffic control signs by January 22, 2012; bring most signs into compliance with the minimum visibility standards by January 22, 2105; and, bring all signs into compliance by January 22, 2108. He noted the MUTCD also identifies some exemptions. He explained street name signs, stop signs, and arrow signs must all be visible at night. Landini stated it’s been asked what happens if signs are not brought into compliance with the Minnesota MUTCD. He explained federal officers or police officers will not be checking to see if signs are in compliance. The law will be enforced by litigation. People can sue over traffic accidents. Landini explained the Minnesota Local Technical Assistance Program (LTAP) has published a book as guidance. The book recommends an implementation approach and the first step in the approach is to do an inventory of traffic control signs. The League of Minnesota Cities intends to provide a draft policy and ordinance. Once that’s available, Staff will schedule a work session to discuss draft policies and ordinances. Landini displayed examples of some of the worst traffic control signs in the City. Landini explained Staff collected three quotes for doing the inventory and night time inspection. WSB & Associates provided the low quote in the amount of $8,000. WSB discounted the work for winter and will utilize technicians that have completed many inventories. Landini stated Staff recommends Council direct Staff to work with WSB & Associates to do the traffic control sign inventory and night time inspection for an amount not to exceed $8,000. Mayor Lizée expressed sign visibility sounds like a safety issue. She explained the signage on Smithtown Road is very confusing. It starts out as County Road 19. Business and residential addresses are Smithtown Road or Manitou Road along this roadway. She asked if any thought will be given to identifying the different segments of the roadway more clearly. Engineer Landini responded the City can work with Hennepin County, noting the County is responsible for the signs on County Road 19. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 14 of 18 Administrator Heck stated if the City’s sister cities are interested it may be worth while to ask WSB if they are interested in conducting inventories for them. There could potentially be a reduction in cost. Councilmember Hotvet asked if there are any requirements to have very visible house numbers for emergency vehicles. Director Brown explained the City’s Zoning Code requires the house be adequately identified. Brown noted the City’s Building Inspector pays attention to that. He stated that once a year the fire and police departments remind residents of the importance of highly visible house numbers. He stated he would check into whether or not the public safety departments still have a program where residents could purchase plaques to put their reflect numbers on. Councilmember Woodruff stated the 2011 budget includes funds to conduct the inventory as well as funds for signage inventory software. He thought the total cost was about $14,000. He asked if Staff would come back with a request to buy the software. Director DeJong explained the software was approved as part of the capital improvement program. DeJong noted no specific bidding is required for the software; it will come back as a purchase on the verified claims list. Woodruff stated this is an unfunded mandate and he has a problem with it. Councilmember Woodruff asked what the plan is after the original inventory is taken and the information is entered into the to-be-purchased software. How will it be maintained? Engineer Landini responded Council could establish a policy that signs will be reinspected every so many years based on the type of material they are made of, or it could adopt a blanket replacement policy. Landini explained there are several different maintenance methods that Staff could present to Council once the inventory is completed. Cost estimates can be made after that. Councilmember Woodruff asked if the plan is to inventory all the signs or just the signs that must comply with the minimum visibility standard. Engineer Landini responded the current plan is to inventory all signs. Councilmember Zerby expressed his appreciation for Staff finding a quote that is one-third the amount of one of the other two quotes and one-half of the other. Zerby moved, Hotvet seconded, directing Staff to work with WSB & Associates to do the traffic control sign inventory for an amount not to exceed $8,000. Motion passed 5/0. Mayor Lizée recessed the meeting at 8:50 P.M. Mayor Lizée reconvened the meeting at 8:55 P.M. 10. GENERAL/NEW BUSINESS A. Spring Clean-Up Administrator Heck stated each year the City sponsors a May spring clean-up drop-off program which is held at the Public Works Garage. The City has in the past provided curbside collection and it’s been suggested the City consider bringing curbside collection back this year as part of spring clean-up. Staff contacted Allied Waste, the contract refuse hauler the City’s uses for the spring clean-up, to get an estimate for a curbside collection option for 2011. The estimate is approximately $20 per household based on 2,800 households. Appliances, electronics and household hazardous waste items would not be collected and recyclables would not be separated out. He noted Staff would have to go through a request for proposal (RFP) process. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 15 of 18 Heck then stated he does not recommend a curbside collection for 2011 because of the lack of time to go through the RFP process and other logistics. It could be considered for 2012. Mayor Lizée expressed her surprise that there is not adequate time to go through a RFP process being the event is held in May 2011. She stated she thinks most residents are aware of the significant effort put forth by the City to sponsor the clean-up, which includes bringing in Hennepin County. Councilmember Siakel stated she believes the spring clean-up is a great service for the City’s residents. She then stated residents have commented to her that they wish the curbside collection would come back. She suggested Council consider doing a curbside collection every other year. She commented that when there was curbside collection for spring clean-up residents would put their collection items outside a day before and people would come by and take some of the stuff before it was collected. She stated it was a good use of community resources. She expressed her support for some frequency of curbside collection for spring clean-up. Councilmember Hotvet stated she agreed with Councilmember Siakel. Curbside collection is a great service for the residents. She indicated there should be a way to combine curbside collection with drop- off collection. She noted that people have to pay to drop off some hazardous materials and recycling items at the Hennepin County drop-off facilities. She stated she would like Council to be able to reach a compromise and offer residents some level of curbside collection this year. Administrator Heck stated the time to make the changes needed to add the $20 per household cost to the utility bill needs to be considered. Councilmember Siakel stated from her perspective this would basically amount to reestablishing the curbside collection program the City once had. She asked if the City received many resident complaints about the nominal per household charge for curbside recycling. Councilmember Hotvet asked what the cost was. Mayor Lizée responded she thought it was $13 - $17. Director Brown explained it ranged from $13 - $15, and it was his recollection that the Finance Department would receive 20 – 30 complaints from residents who did not take advantage of the program. Councilmember Woodruff stated he thought the participation in the curbside collection effort fell off. He requested Staff research what types of things could be collected curbside. He stated he wants to continue with the drop-off program independent of what decision is made about the curbside alternative. Director Brown stated he will research if there is any information that substantiates curbside collection fell off. Mayor Lizée stated there is no intention to discontinue the drop-off program because it’s a valuable service. She then stated when a Council made a decision to discontinue the curbside collection program it was because some then council members had heard complaints from residents about the cost of it. She does not recollect there being a drop in participation. Mayor Lizée asked Staff to come back to Council with a list of items that could be collected curbside and with projects costs. Councilmember Siakel stated there may well be greater participation because there has not been a curbside collection initiative for a number of years. Councilmember Hotvet stated this type of effort could potentially support sustainability initiatives. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 16 of 18 Director DeJong asked if the cost for curbside collection was a uniform billing on the utility bill, to which Mayor Lizée responded it was and it was titled spring clean-up. Lizée then said the initiative was announced by Council and the City’s newsletter listed what items would be picked up curbside and what would have to be dropped off at the Public Works Garage. DeJong asked if it was run through the Recycling Enterprise Fund, to which Director Brown responded it was. Councilmember Woodruff stated the last time the City provided curbside recycling the residents on the City’s Islands had to bring the items to a dumpster. He then stated if there is a curbside program offered, he wanted it to be curbside on the Islands also. Administrator Heck stated Staff will research what items could be picked up curbside and prepare a quick RFP for distribution. Staff will try and make that available for the February 14, 2011, Council meeting. Councilmember Siakel recommended Staff find out what refuse hauler the Cities of Excelsior and Tonka Bay use. She stated there could possibly be cost efficiencies achieved by doing a joint effort. 11. OLD BUSINESS A. Speed Cart Mayor Lizée stated during the January 20, 2011, South Lake Minnetonka Police Department (SLMPD) Coordinating Committee meeting the Committee accepted the City’s donation of the speed cart. The Committee thanked the City. The member cities are pleased that the cart can be deployed throughout the SLMPD community. Having the SLMPD be responsible for the cart in its entirety will alleviate a lot of headaches for Public Works and Administrator Heck. The SLMPD will provide the quarterly usage reports to the Committee. B. Lake Minnetonka Conservation District Board Appointment Mayor Lizée stated there is a Lake Minnetonka Conservation District (LMCD) Board meeting on January 26, 2011, to continue discussion of matters from the LMCD Board’s most recent meeting. She explained that in January Council made a decision to have a resident who is not an elected official represent the City on this Board. Council has not made that appointment as of yet because it’s waiting for applications. She th recommended the City be represented at the January 26 meeting. She stated that Councilmember Siakel has offered to serve as the interim representative until Council appoints a resident who is not an elected official. Zerby moved, Hotvet seconded, appointing Debbie Siakel to the Lake Minnetonka Conservation District Board on an interim basis until a resident who is not an elected official is appointed. Motion passed 5/0. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. December 2010 Financial Report Director DeJong stated the meeting packet contains a copy of the December 2010 General Fund Monthly Budget Report. He explained the 2010 General Fund budget ended the year extremely well at this point in closing out the year. There will not be a need to use the $155,000 in General Fund reserves that was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 17 of 18 budgeted for 2011. At this time, revenues exceed expenditures by approximately $85,000 and the final excess amount will be added to the reserves. He noted there are still some bills for 2010 expenditures that have to be paid and they will be coded back to the 2010 budget. On the revenue side the City will receive a settlement from Hennepin County the end of January 2011for delinquent property taxes paid October 15 – December 31, 2010. The City will also receive some revenues for court fines. He noted he will update Council on this in February. DeJong then explained there were three departments that exceeded their budgets for 2010. The reason was because actual staff time was charged to departments different from how it was allocated in the budgets. The overage was offset by a reduction in other departments. Councilmember Woodruff thanked Staff. He asked if Staff will provide Council with a budget report on the Enterprise Funds before the 2010 year-end audit is completed. Director DeJong responded that will be done in February. th 2. 2010 Investment Report – 4 Quarter Director DeJong stated the biggest challenge he has with regard to investments is to first determine the City’s cash flow needs. He explained the City receives most of its revenues in June and December when it receives the majority of its property tax settlements. Most investments the City purchases are either on a one-year basis or an annual cycle. His next effort is to schedule the investments in the month he would like to have them come due the following year in order to try and even out the cash flow. The City will be doing considerably more investing in the months where the City will need some of the investments coming due. He noted the City will continue to have a relatively high cash balance until he completes this effort. He explained the City has made some investments with a return in the high 1 percent range for a timeframe of 1 – 3.5 years. He is not looking to invest for longer timeframes at this time because interest rates are anticipated to go up. When those investments come due they can be reinvested at a higher interest rate. Councilmember Woodruff stated at least three residents have asked him in the last thirty days why the City has so much cash. He asked Director DeJong to prepare an exhibit that depicts why the City has to have a certain amount of cash. He noted it is not very urgent request. Mayor Lizée stated having such a visual would be helpful and beneficial. Other Administrator Heck stated Director DeJong and he met with Excelsior Fire District (EFD) personnel to discuss the five-year lease/purchase agreement for the EFD’s self contained breathing apparatus (SCBA) equipment. The agreement will be on the February 14, 2011, Council meeting agenda for consideration of approval. The SCBA equipment will cost approximately $164,166 and financing the acquisition through Shorewood will save the EFD, and ultimately the member cities, quite a bit of money. The agreement was put together by the bond council at Kennedy and Graven. Heck then stated there is an EFD Board meeting scheduled for January 26, 2011. B. Mayor and City Council 1. Community Visioning CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES January 24, 2011 Page 18 of 18 Administrator Heck stated the community visioning session Mayor Lizee referenced earlier will be held at the Southshore Community Center on January 31, 2011, from 6:30 P.M. — 8:30 P.M. Molly McDonald and Rebecca Heidepriem with Fritz Partners, LLC will 'facilitate the brainstorming session. The Councils of the Cities of Excelsior, Shorewood and Tonka Bay will have to decide what the next steps should be. Dovetailing with that is the proposed Council and staff retreat. He noted he has been in contact with a very good facilitator for the retreat. He stated he is working on identifying two half -days for the retreat in February. Mayor Lizee stated she did call the community visioning session and invited the Councils and staff from Excelsior and Tonka Bay to join the Shorewood Council and staff in the brainstorming session. She explained in 2002 there was a visioning exercise conducted for the future of the South Lake communities and she suggested that document be updated. She noted that Excelsior Mayor Ruehl and Tonka Bay Mayor LaBelle are excited about the possibility of this session and were going to bring it back to their respective Councils. She also noted the session will be posted. Couneilmember Woodruff stated he will not be in attendance as he will be out of town for two weeks. 13. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of January 24, 2011, at 9:27 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor