02-28-11 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, FEBRUARY 28, 2011
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Lizee called the meeting to order at 7:05 P.M.
A. Roll Call
Present. Mayor Lizee; 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
Administrator Heck requested item I O.D be removed from the agenda because staff forgot to include the
current policy in the meeting packet. This item will be placed on the March 14, 2011, Council meeting
agenda.
Councilmember Woodruff requested Item 10.17 Liaison Appointments to the Riley-Purgatory-Bluff Creek
Watershed District (RPBCWD) and Minnehaha Creek Watershed District (MCWD). He stated there is a
resident who is interested in the liaison position to the RPBCWD. He stated the MCWD is hosting a
series of meetings about the aquatic invasive species initiative the MCWD wants to undertake and the
comments and he thought it appropriate for Council to have a brief discussion about that. Mayor Lizee
stated she intends on mentioning the meetings under Item 12.B on the agenda.
Woodruff moved, Zerby seconded, approving the agenda as amended. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, February 14, 2011
Woodruff moved, Hotvet seconded, Approving the City Council Special Meeting Minutes of
February 14, 2011, as presented. Motion passed 4/0/1 with Lizee abstaining due to her absence at
the meeting.
B. City Council Regular Meeting Minutes, February 14, 2011
Zerby moved, Havel seconded, Approving the City Council Regular Meeting Minutes of February
14, 2011, as presented. Motion passed Motion passed 4/0/1 with Lizee abstaining due to her absence
at the meeting.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
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February 28,2011
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Zerby moved, Siakel seconded, Approving the Motion Contained on the Consent Agenda.
A. Approval of the Verified Claims List
Motion passed 510.
a. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
A. 2010 Recycling Program Update by Rich Hirstein, Allied Waste
Mayor Lizde stated Rich Hirstem with Allied Waste is present to provide Council with a report on the
2010 recycling program.
Mr. Hirstein stated prior to 2010 the City's recycling program was a dual -sort, small-bin program. During
2009, 61 percent of the households in the City used the recycling program at least once a month. Some of
the reasons people cited for not recycling more is they thoughts it's too much of a hassle to have to sort
recyclable materials, the small bins were to heavy to carry to the curb and it was difficult to determine
what materials were recyclable.
Mr. Hirstein explained the City converted to Allied Waste's single -sort recycling program and the
RecycleBank recycling incentive rewards program effective January 1, 2010. One of Allied Waste's and
the City's goals was to increase household participation in the program during 2010. During 2010
380,000 pounds (about 191 tons) more of recyclable materials were collected than in 2009. That equates
to about 160 pounds more per household per year. During 2010 85 — 90 percent of the households
participated in the recycling program. During the last six months City residents ordered 1,635 rewards
from the RecyeleBank program. Each participating household that recycles gets about $20 in value each
month.
Mr. Hirstein stated the City's residents are doing a great job of recycling. He then stated the drivers for
Allied Waste recently put notices in a household's recyclable container when they noticed the
household's container was consistently overflowing with materials to let the residents know they can
request a larger container at no cost to them. A couple dozen households recently upgraded to the larger
containers. He noted that staff has done a great job of communicating with Allied Waste so issues can be
resolved quickly.
Mayor Liz& stated the City's current recycling program is a wonderful program and that the City has
always tried to stay ahead of the curve when thinking about the environment.
Councilmember Woodruff asked Mr. Hirstem to explain how successful Allied Waste is in keeping the
recyclable materials it collects out of the waste stream.
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Mr. Hirstein explained that Allied Waste is the second largest recycler in the world. The company has two
large material recovery facilities in the Twin Cities. Allied Waste takes the recyclable materials collected
in the City to its recovery facility located in North Minneapolis. The material is separated and sorted
through an automated process, noting glass and plastic material can be sorted optically. About 3 percent
of the materials collected ends up being garbage. The sorted material is put into bales and shipped out to
about 220 different places it's sold to throughout North America. The recycling facility in North
Minneapolis is the fifth largest in North America.
Councilmember Siakel noted Allied Waste was very responsive when one pickup was missed at her
house.
Councilmember Hotvet expressed her excitement about the program. She asked Mr. Hirstein what the
future holds for plastics numbered 1 — 5. Mr. Hirstein stated before Allied Waste can start collecting
plastics numbered 3 — 5 and things such as milk cartons, it has to find a vendor that will take the products
that Allied Waste believes will remain in business for a long time. Allied Waste doesn't want to start
collecting those types of materials and then have to stop doing so.
Hotvet stated she would like to see more recycling done in the City's commercial district and she looks
forward to City working with Allied Waste on that project. Mr. Hirstein stated Allied Waste is working
with the City of Excelsior on that same thing.
Councilmember Zerby stated he is pleased to see the progress the recycling program has made. He asked
if the RecyeleBank rewards program contributed to the increase in recycling. Mr. Hirstein responded he
can't quantify it contributed to the increase, but he does think people are more aware of and pay attention
to a recycling program when there are reward incentives. Mr. Hirstein noted some people will never take
advantage of the rewards program even if they recycle materials.
Councilmember Woodruff expressed concern that during the last six months residents only ordered 1,635
rewards, noting he accounted for 12 of the orders and they were all for CUB Foods. He noted a household
can pay for its monthly recycling bill by using the CUB Foods award. Mr. Hirstein clarified that pays for
more than the cost of the recycling program. Woodruff stated he would like to encourage the City's
residents to take greater advantage of the rewards program. Mayor Lizde suggested that be done through
the City's newsletter.
Mr. Hirstein thanked the Council for wanting the City to partner with Allied Waste for recycling services
7. PARKS
No report was given because there had not been a Park Commission meeting since the last City Council
regular meeting. The next meeting is scheduled for March 8, 2011.
A. Park Entry Signs
Administrator Heck explained that in 2009 the Park Commission worked with a consulting firm to update
the City's Park Master Plan. During that effort the Commission discussed its desire to have new entry
signs installed in the City's parks as part of the effort to have a unified look. The Council agreed to
allocating funds for the signs in the 2010 budget. Unfortunately, the company the Commission worked
with on a design for the signs went out of business so the project was rescheduled to 2011. Park
Coordinator Kristi Anderson found another company to work on the design and she obtained quotes from
a couple of companies for installing the masonry mounts for the signs. He displayed a mockup of what
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the proposed entry signs will look like. The signs the Commission recommends resemble the stonework
and feel of City Hall. The signs will be aluminum with lettering on them.
Heck went on to explain the Park Commission recommends signs be installed in Cathcart Park, Freeman
Park, Manor Park, and Silverwood Park. A sign for Badger Park has not been discussed because there had
been discussion about a sign at City Hall that would identify City Hall, the Southshore Community
Center, and Badger Park. The quote for the four signs is $11,207 and the quote for the masonry bases is
$11,780 for a total amount of $22,987. The 2011 Capital Improvement Program allocates $30,000 for
park signage. Because the total quotes for the signage is less than what is budgeted, the Commission
recommends purchasing and installing a small directional trail sign and base for Freeman Park and one
for the South Shore Community Park (the Skate Park). The quote for the two additional signs is $4,000
and $3,200 for the two additional bases. The total for the six signs and six bases would be $29,187. The
Commission recommends the purchase of the six signs and associated sign bases.
Councilmember Woodruff asked if there is an issue with having a sole source bidder. Administrator Heck
responded its okay under statutory requirements and its well under the formal bid threshold.
Councilmember Hotvet stated the Park Commission had a lot of thoughtful discussion about this proposal
for signage, noting she was the liaison from the Council at the Commission's meeting when this was
discussed.
Hotvet moved, Zerby seconded, approving the purchase of signage and sign bases for Cathcart
Park, Freeman Park, Manor Park, Silverwood Park, South Shore Community Park, and a small
directional trail sign and base for Freeman Park for an amount not to exceed $29,187. Motion
passed 510.
8. PLANNING
Planning Commission Chair Geng reported on matters considered and actions taken at the February 15,
2011, Planning Commission meeting (as detailed in the minutes of that meeting). Geng noted the
Commission will begin discussing sustainability during its March 1, 2011, meeting and that topic will be
discussed during most of the remaining 2011 meetings for the Commission. He related that Director
Nielsen has recommended to the Commission the possibility of having a joint meeting with Council to
discuss sustainability. Geng expressed his support for Nielsen's recommendation. Mayor Lizde stated she
thought that would be a good idea; sustainability has been the magic word. Councilmember Woodruff
suggested the Park Commission also be included in that discussion.
Mayor Liz& stated she looks forward to hearing about the Planning Commission's recommendations for
any future redevelopment of the Smithtown Crossing area.
A. Zoning Code Amendment — Side yard Setbacks Abutting Fire Lanes
Director Nielsen explained there are 10 fire lanes located in the City. Fire lanes are old platted street
rights -of -way that were never developed as any kind of street. Many years ago the City conducted a study
of what to do with the fire lanes. There was discussion about whether to vacate the fire lanes, turn them
over to the adjoining property owners, or keep them for some public purpose. The study resulted in a
decision to keep the lanes and to classify them according to their then current use.
Nielsen then explained that in 2010 Staff had been meeting with realtors and prospective buyers of the
property located at 26100 Birch Bluff Road. That property is a very substandard lot in terms of zoning,
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February 28, 2011
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size, width and so forth. The property's nonconformance is compounded by its location next to the Third
Street Fire Lane. If the property were abutting a regular lot the side yard setbacks would be a maximum of
20 feet with a minimum of 10 feet. The setback for a property abutting a fire lane is 35 feet all by itself.
The fire lane setback uses up a good portion of the adjoining lots in terns of setbacks.
Nielsen also explained if the 35 -foot setback from the Third Street Fire Lane were required for the 26100
Birch Bluff Road property the property would have only five feet of width for a buildable area. The
existing building on the property is nonconforming. If the fire lane were treated as any other lot the side
yard setback would be twenty feet on the side of the property abutting the Fire Lane and a good share of
the house would be within the buildable area of the lot and it would allow the structure to be added on to.
He noted in the past the City granted a variance in a similar situation because it created a hardship on the
property. At the time the variance was granted there was a decision to consider amending the City
Ordinance should another one of these situations come up.
Nielsen went on to explain the Planning Commission held a public hearing on the proposed amendment
to the City Ordinance that would change the side yard setback requirement for lots abutting fire lanes; fire
lanes would be treated as if they were another interior lot. The amendment would make the 26100 Birch
Bluff Road property buildable although restrictive. It would allow for some reinvestment in the property.
Nielsen noted the Planning Commission unanimously recommended approval of the amendment.
Mike Kozel 26170 Birch Bluff Road stated he is familiar with the Third Street Fire Lane. He noted he is
the listing agent for the 26100 Birch Bluff Road property. He distributed a picture of the property and Fire
Lane. He stated from his perspective it's a non -use fire lane. No one uses it. It's the low point on the street
and serves as the wash for stormwater. He explained if the fire lane side yard setback requirement is
enforced the lot 26100 Birch Bluff Road property is a non - buildable lot. The house on the property is 55
years old and the garage is almost on the street. The prospective buyer is willing to do nice job with the
house and move the garage. The lot is currently assessed at $650,000. He questioned what it's worth if the
lot is not buildable.
Councilmember Siakel noted she was the liaison for the Council at the Planning Commission meeting
when the public hearing was held. She stated staff did a good job of presenting information about all the
fire lanes located in the City. The Commission had good discussion about the proposed amendment. She
expressed her support for the amendment.
Councilmember Zerby asked if surrounding communities had similar side yard setback requirements for
properties abutting fire lanes. Director Nielsen responded he was not sure, but he thought they had
different policies for handling fire lanes.
Zerby moved, Siakel seconded, Approving ORDINANCE NO. 474 "An Ordinance Amending the
Shorewood Zoning Code as it Pertains to Side Yard Setbacks Abutting Fire Lanes ". Motion passed
510.
9. ENGINEERINGIPUBLIC WORKS
A. Silver Lake Outlet Land Acquisition Negotiations
Engineer Landini stated the meeting packet contains a copy of a draft resolution authorizing staff to
negotiate the acquisition of land located at 5750 Covington Road near Silver Lake. He explained there is a
storm sewer outlet on the property. The City has a 20- foot -wide easement that goes down to the outlet.
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The residents in that area and Council have expressed interest in making improvements to the stormwater
system there in order to remove/reduce the amount of sediment that is being deposited in Silver Lake. In
order to improve the site for maintenance access Staff recommends the City purchase additional land.
In response to a question from Councilmember Woodruff, Engineer Landini explained the City had been
granted a 20- foot -wide easement in the past. Landini then explained there are two other easements on the
5750 Covington Road property. One of them is granted to the Metropolitan (Met) Council and it is 35 feet
wide. The other is a 20- foot -wide trail easement near the area that is granted to the City. In response to
another question from Woodruff, Landini explained the City's stormwater easement shares a side
boundary with the Met Council's easement. Landini noted there is some separation between the City's
stormwater and trail easements. Woodruff stated if the City acquires more land from the property owner
there will be some restrictions on his land. In response to another question from Woodruff, Landini stated
he did not think the City would want to use some of the Met Council's easement because the Met Council
has infrastructure in their easement that has to be maintained. Landini noted the City would want to go
south toward the trail easement.
Councilmember Woodruff asked if there is an opportunity to obtain an easement on the property adjacent
to the 5750 Covington Road property instead that would satisfy the City's need. Engineer Landini
explained the adjacent property is too far away.
Woodruff expressed his reluctance to approve the negotiation for buying property when he doesn't know
what the requirement is. He stated the City doesn't have to buy property in order to get an easement.
Engineer Landini stated the initial discussions with the owner of the 5750 Covington Road property have
been about purchase fee title. He noted the project has not been designed yet because the amount of land
that will be available for the project is not known. He explained the intent is for the City to buy a strip of
land.
Administrator Heck explained the area is where the City has a stormwater structure and the City just had
it cleaned out. The owner of the 5750 Covington Road property and other property owners in the area
have expressed concern about the continued overflow in the area. Also, the City has discussed with the
Minnesota Pollution Control Agency the possibility of designing things so that stormwater structure
doesn't discharge directly into Silver Lake. He explained Staff felt to give the City the most options for
addressing the problem properly purchasing additional land would be best. He noted Staff needs Council
authorization to even discuss the purchase of land.
In response to a question from Councilmember Hotvet, Engineer Landini stated he can't imagine the City
needing more land than it is requesting.
Mayor Lizee stated this problem has been around for a while. She explained Staff has spoken with
residents in the area and with representatives from the Riley- Purgatory -Bluff Creek Watershed District to
help identify the best options for the City.
Councilmember Siakel asked how much additional land the City wants. Engineer Landini explained the
City wants an additional 18,000 square feet and that would still leave the property owner with a
conforming lot.
Councilmember Zerby stated he thought the City needs to take the next step in the project
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Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 11 -006 "A Resolution
Authorizing Staff to Negotiate Land Acquisition ". Motion passed 5/0.
10. GENERAL /NEW BUSINESS
A. Park Commission Appointments
Mayor Lizee stated earlier this evening Council interviewed five applicants for three open Park
Commission seats. She thanked the applicants for taking the time to be interviewed, and she noted all of
them were good candidates. She explained two of the seats are for three -year terms and the other is to fill
out the remaining two years of a term.
Councilmember Zerby stated he thought Council interviewed good candidates.
Zerby moved, Hotvet seconded, Adopting RESOLUTION NO 11 -007 "A Resolution Making the
Appointments of Mark Kjolhaug (3 -year term), Steve Quinlan (3 -year term) and Lynda Gooch
Hartmann (2 -year term) to the City of Shorewood ,Park Commission effective March 1, 20IL"
Motion passed 4/1 with Woodruff dissenting.
B. Southshore Community Center Boulevard Sign
Administrator Heck explained in 2010 the Oversight Committee for the Southshore Community Center
(SSCC) and Kristi Anderson, the contracted manager for the SSCC, discussed Mr. Anderson's desire to
replace the existing sign for the SSCC located along County Road 19 with a monument sign with a digital
message display. The sign would have a similar look to the signs discussed earlier this evening for the
parks. The existing sign provides space for messages, but it's difficult to change the messages during the
winter months because of the snow. Ms. Anderson believes an electronic sign would enhance the
visibility of the SSCC as well as the programs and events held there. There has been a campaign in
progress to raise funds for the purchase and installation of such a sign for over seven months. To date
about $6,900 has been raised. Of that the City of Deephaven contributed $3,000 and the City of
Greenwood contributed $1,200. The total cost to purchase and install the stone base for the sign is about
$21,600.
Heck stated the project is not budgeted for in the 2011 Capital Improvement Program (CIP). Therefore,
Staff suggests the sign be budgeted for in the 2012 CIP. He noted the location for the new sign has to be
agreed upon. There is some interest in locating the new sign where the existing sign is. Staff suggests the
sign be located in a spot that is best for the SSCC and the City.
In response to a question from Councilmember Woodruff, Administrator Heck explained the existing sign
is not located in a Hennepin County right -of -way.
Councilmember Woodruff stated he thought this is a good idea. He expressed concern about the Cities of
Excelsior and Tonka Bay not having made any contribution for this and they are two of the larger users of
the SSCC. He suggested Staff speak with those cities about contributing funds.
Woodruff explained the City Sign Ordinance states "no sign shall be illuminated with any flashing or
intermittent lights, nor shall it be animated, except for time and temperature information ". Yet the
documentation about the proposed sign talks about messages on the sign changing. He stated the City has
to adhere to the same standards as others are held to. Administrator Heck explained Staff realizes the
Ordinance does not allow for changing messages across the sign. But, that restriction could potentially be
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February 28, 2011
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eliminated in the future and if so the new sign would have the capability to change messages. That
capability would not be used unless the Ordinance was amended.
Director Nielsen explained he has spoken with Ms. Anderson who indicated she would probably change
the sign once a day at maximum. Nielsen noted as part of the Planning Commission's work program it
will discuss signs that change intermittently because they are becoming more popular. Businesses want to
have signs that can be changed electronically rather than by hand and cities are looking into ordinance
changes to allow that. Nielsen stated he did not think changing the sign once a day counts as intermittent.
Mayor Lizde stated just because the City doesn't allow signs that display moving information now
doesn't mean it won't allow it in the future. She then stated the Cities of Chanhassen, Excelsior and
Minnetonka allow electronic signs that change. Councilmember Woodruff stated Minnetonka has them
now because the court forced it to do that. Lizde clarified court actions were about billboard signs along
the highway. Lizde explained she was talking about the monument sign in front of Minnetonka City Hall,
which is similar to the sign proposed for the SSCC, and the sign in front of Minnetonka High School.
Councilmember Hotvet stated she thought the sign will help communications efforts in the community
and she thought it's a great idea. She then stated she thought it demonstrates that the South Lake cities
want to work together with regard to the SSCC.
Councilmember Siakel asked if Excelsior and Tonka Bay have been asked to make contributions toward
the purchase and installation of the sign. Administrator Heck explained those two cities are aware of the
desire to have a new sign. But, they have not specifically been asked to contribute nor have they
volunteered a contribution. Deephaven voluntarily contributed money for the sign early on. The City has
kept the other four cities that also have an ownership interest in the SSCC aware of how the management
and operations of SSCC are doing.
Mayor Lizde explained that when the City took over interim responsibility for managing the SSCC the
City indicted it would appreciate donations from the other four cities for operation of the SSCC. They
were not specifically asked to make donations at that time. She asked if the donations from Deephaven
and Greenwood were made specifically for the sign. Ms. Anderson responded they were specifically for
the sign project. Lizde noted other entities have made donations for the sign.
Councilmember Zerby asked if a 2010 year end report for SSCC operations has been written and provided
to the other four cities. If not, this message could be included in the report. The report could be reviewed
with the other cities and at the same time funding could be solicited. Administrator Heck responded the
annual report is being written.
Mayor Lizde stated she agrees that the SSCC needs better identification, noting that has been known since
it was built. She explained there is no access road to the SSCC directly from Country Road 19. She stated
that once people have been to the SSCC they will remember how to get to the wonderful facility. Efforts
are in progress to get directional signage at the intersection of Country Road 19 and Smithtown Road as
well as Country Club Road to direct people to the SSCC.
Lizde questioned if a new sign at the current location on County Road 19 is the best use of the funds. She
stated there is a lot of visual and physical traffic on Country Road 19. There are roads off of Country
Road 19 to the City's Public Works facilities and to the public safety facilities and there are many other
exits off of Country Road 19 in that general area.
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Liz6e stated the existing sign for the SSCC is the only marker for the SSCC on Country Road 19. She
asked if it would be better to locate the new sign on the City Hall, Badger Park, SSCC campus. The sign
could direct people to the various facilities and at the same time display a message. She stated there are
tall snow banks off of Country Road 19 from November through March/April. She questioned how
visible the sign is now. She asked if the new sign would be located higher up so drivers, bikers and
pedestrians would be able to see it. She stated it's important to identify buildings. She noted the SSCC is
not identified on the back of the building. She suggested considering having a gently lit or neon sign on
the back side of it to help people locate the SSCC.
Liz6e clarified she supports the idea of the sign and wants it to happen. She wants to help people get to
the SSCC. She again expressed concern about the proposed location for the new sign.
Director Nielsen stated he has spoken with Ms. Anderson about the proposed location for the new sign.
He expressed his agreement with there being a need for directional signage to City Hall, Badger Park and
the SSCC. He stated the sign being proposed is more informational and it would get a lot more exposure
if it were located off of Country Road 19 rather than on the campus. There are about 13,000 trips a day on
County Road 19 versus 3,000 — 4,000 on Country Club Road. It would also help identify the SSCC in the
back. He explained there had been discussion about having a kiosk type sign at the corner that directs
people to the various facilities on the campus when the County Road 19 Corridor Study was being done.
He thought the informational sign would be of greatest value off of County Road 19.
Couneilmember Zerby suggested the location of the sign be a project for the Planning Commission. He
recommended any signage for the SSCC include the word community on it. Saying just Southshore
Center doesn't convey what the building is.
Zerby moved, Woodruff seconded, authorizing the allocation of funds for a new sign and sign base
for the Southshore Community Center in the 2012 Capital Improvement Program and directing the
Planning Commission to make a recommendation for the location of the sign for Council discussion
and consideration.
Mary Ann Miller, 4198 North Shore Drive, Orono stated she makes a living doing interactive events for
corporations. She noted she is 100 percent for profit and that she uses many event centers. She explained
that all of the centers she uses have signs with the exception of the SSCC. She stated the SSCC is her
favorite place to hold events. But, the lack of signage is a problem as is the fact that it is hard to get to.
She noted that she spends a lot of time making sure her clients can find the SSCC; much more time than
she wants to. She explained having to send clients such detailed explanations of how to get to the SSCC
doesn't legitimize her business strategy. Also, it doesn't convey that the South Lake cities have a
wonderful facility to offer. She stated because the SSCC is so difficult to get to she doesn't get overly
excited about the thought of bringing her top clients to the SSCC if the clients are hard pressed on
logistics. A lot of her clients are international and are not familiar with the South Lake area. That makes it
even harder to explain how to get to the SSCC. She expressed she thought the SSCC is an excellent
facility to hold events in. She commented the hardest thing to get new people coming to the SSCC to do is
turn onto Country Club Road right after they have turned onto Smithtown Road. She noted she is
coordinating an event for General Mills at the SSCC tomorrow and General Mills staff had to do a test
run out there last week and rework the directions for getting there.
Councilmember Siakel stated she agrees there is a need for signage and she agrees there is a need a one
on Country Road 19. She also agrees installing directional signage to City Hall, Badger Park and the
SSCC is essential. She recommended the signage needs be addressed in its entirety and that it be done
right. She suggested the Cities of Excelsior and Tonka Bay be asked to participate. She stated having the
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Planning Commission become involved with this is a great start. She suggested the Planning Commission
not wait until 2012 to start discussing this.
Administrator Heck stated Council doesn't have to wait until 2012 to authorize a project and move it
forward. Allocating funds for the project in 2012 allows Council the opportunity to prioritize this project
along with other potential 2012 projects. He noted Council can authorize spending funds for this sign in
2011 if it wants.
Councilmember Sicked stated she would like to have more conversation about the proposed sign before
2012.
Administrator Heck noted Council has already authorized directional signage
Mayor Lizde stated the discussion this evening confirms the need to identify the SSCC. But, there is also
a need to identify the campus and what it is and what it does. Hopefully, there will be continued
discussion about signage needs for the campus.
Jeanne Straus who works with Minnetonka Community Education (MCE), stated MCE holds events at
the SSCC. She noted that MCE used to offer more things at the SSCC, but because of the difficulty in
explaining to people how to get to the SSCC, MCE had cut back. She explained that many of the people
that attended MCE events weren't from the area. She noted that for one class MCE held at the SSCC 4
out of the 16 registered people never found the SSCC even though there were people on the corner trying
to direct them. She explained the MCE has prepared an 8.5" by 11" sheet of directions to give to event
attendees. She expressed she thought the SSCC is a treasure. She stated she thought there is a need for a
sign off of Country Road 19 and another sign at the intersection of County Road 19 and Smithtown Road.
She then stated MCE will offer more programs at the SSCC if there is better signage.
Motion passed 510.
C. Carver County Open Fiber Initiative
Administrator Heck explained that Excelsior City Manager Luger had informed him that Carver Country
is going to build an infrastructure (a fiber ring) for high speed broadband interact services. The project is
called the Carver County Open Fiber Initiative (CCOFI). Carver County had offered Excelsior the
opportunity to participate in the program and Luger wondered what the City was going to do.
Unfortunately, he was not aware of the program so he contacted Carver County to get more information.
Carver County will own the fiber ring but it will not provide services for utilizing it. The fiber ring will be
over 89 miles long and it will connect all of the cities in Carver County as well as most of the school
districts and some other facilities. There will be fiber spurs off of the ring that will allow for other entities
to connect to the network. Carver County received a $6 million grant from the Federal Goverment and
the County will commit about $1.5 million of its own money toward the project. The County thinks the
breakeven point on the project will be reached in about 3 — 4 years. A lot of the savings will come from
eliminating the need for T lines around the County for a savings of about $200,000 per year.
Heck then explained if the City wants to consider connecting to the fiber infrastructure the City would
have to pay the cost of installing fiber from some location in the City to one of the connection points in
the fiber ring. Ile noted he doesn't know how this would interact with the Lake Minnetonka
Communications Commission's (LMCC) potential fiber to the home initiative. That project involves
ownership of the fiber as well as the programming and services that go over the fiber.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
February 28, 2011
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Heck stated Staff is seeking Council direction about if it wants Staff to research this opportunity further,
noting he thought this is an interesting opportunity.
Director DeJong stated he thought that having a broadband connection with higher speeds than the
existing TI line is something that will be needed at City Hall. He then stated there are other possibilities
that should also be researched. He explained the Minnetonka School District has all of their schools
linked so there has to be a fiber line installed which runs from the Excelsior Elementary School to the
Minnewashta Elementary School that the City could potentially connect to.
Councilmember Woodruff stated the LMCC has been working on a fiber to the home initiative and
continues to explore it. He explained the CCOFI is a governmental network. Carver County is installing
the network to all the government related agencies and entities located within the County. The County has
contracted with a private company to build the infrastructure. The County has indicated to the private
company and other companies that if they so choose can lay additional fiber in the same trench as the
CCOFI infrastructure is as it is being installed in order to accommodate commercial and residential uses.
The County's network as it is funded has no commercial or residential components with the exception of
Ridgeview Medical Center located in Wacoma. The County will not provide any equipment at the end of
the pipe or any services. He noted Carver County was able to apply for the grant because it's classified
rural by the Federal Government (Hennepin County is classified urban). He expressed his support for
researching this opportunity further.
Councilmember Zerby stated that based on the project map the fiber will come along State Highway 7
between State Highway 41 and the fire station in Chanhassen. He expressed his support for researching
this opportunity further. He stated the City should also talk with the public safety organizations about this
because he thinks there is a conduit that runs under Country Road 19 to the public safety facility in
Shorewood.
Councilmember Hotvet stated she thought this is a great opportunity for the City to be proactive and that
she supports Staff researching this further. She also thought it beneficial to find out more about partnering
with the public safety organizations, the commercial district and also potentially with the Minnetonka
School District.
Councilmember Siakel asked what the advantage is of working with Carver Country. She stated it's her
understanding that the LMCC has funded a sizeable project to look into the viability of installing fiber in
the LMCC community. She then stated Carver County not only received grant money from the Federal
Government it also assessed its residents for part of the CCOFI costs. She asked what the value would be
to the City's residents of doing these projects. She also asked if the City would realize cost savings by
connecting to a fiber network and how long it would take to reach a break even point.
Administrator Heck explained that the City of Roseville recently ran a fiber line from Roseville City Hall
to the North St. Paul and that cost about $100,000. He stated the cost to run a fiber line is about $100,000
per mile.
Councilmember Siakel asked if Staff is asking Council for authorization to research this opportunity
further or authorization to let Carver County know the City is definitely interested in pursuing this.
Administrator Heck responded either would be fine. Heck stated the City needs to let Carver County
know if it wants to discuss this more. He then stated if it's viable for the City to do it may not happen for
a while. He expressed he thought it prudent to wait and see how /if the I..MCC broadband initiative
advances. He also thought it prudent to find out if the City of Excelsior is going to take advantage of the
opportunity to connect into the fiber ring.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
February 28, 2011
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Iiotvet moved, Woodruff seconded, directing Staff to research the Carver County Open Fiber
Initiative opportunity and other similar options further. Motion passed 5/0.
D. Stop Sign Placement Policy
This item was tabled to the March 14, 2011, Council meeting agenda.
E. Southshore Community Center Seating
Administrator Heck explained a couple of corporate clients that utilize the Southshore Community Center
(SSCC) have expressed there displeasure about the chairs in the conference room. As a result, chairs from
City Hall are hauled over to the SSCC for those organizations to use. He expressed concern that hauling
the chairs back and forth is going to result in people getting injured and/or chairs being damaged. He
explained the SSCC Oversight Committee directed SSCC Manager Anderson to obtain quotes on chairs.
He stated the meeting packet contains information from Ms. Anderson on chair style and costs. Staff
recommends purchasing the chairs per Ms. Anderson's recommendation.
Woodruff moved, Siakel seconded, approving the purchase of fifteen chairs for the conference
room located in the Southshore Community Center for an amount not to exceed $2,057.30. Motion
passed 510.
F. Liaison Appointments to the Riley- Purgatory -Bluff Creek Watershed District
( RPBCWD) and Minnehaha Creek Watershed District (MCWD
Councilmember Woodruff explained that historically Council has had Council liaisons be a representative
to the Riley- Purgatory -Bluff Creek Watershed District ( RPBCWD) and Minnehaha Creek Watershed
District (MCWD). Early in 2011 Council decided it would like to have residents who are not elected
officials serve as the liaisons. To date the liaisons have not been appointed to either of the two
organizations. He related that Jeff Arnold, 5760 Covington Road, has expressed interest about serving as
the liaison to the RPBCWD.
Woodruff moved, appointing Jeff Arnold as the liaison for the Council to the Riley- Purgatory -Bluff
Creek Watershed District.
Mayor Liz6e noted she has spoken to Mr. Arnold about his interest in serving in that capacity.
Councilmember Siakel asked if Mr. Arnold has contacted Staff to let them know of his interest.
Councilmember Woodruff responded it's his understanding that he has. Siakel clarified her question was
regarding process.
Administrator Heck noted that Mr. Arnold is a member of the Citizen Advisory Committee to the
RPBCWD and it makes sense for him to serve as the liaison for Council as well.
Siakel seconded. Motion passed 510.
Mayor Liz6e explained Shorewood resident Jeff Casale has been appointed by the Hennepin County
Board of Commissioners to the Minnehaha Creed Watershed District Board of Managers. Mr. Casale and
Mr. Eric Evenson, the MCWD District Administrator, have agreed to provide quarterly updates to
Council on MCWD activities.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
February 28, 2011
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Administrator Heck explained the schedule is for Council to receive quarterly updates on MCWD and
RPBCWD activities and semi - annual updates on Minnetonka Community Education activities.
Councilmember Woodruff recommended Mr. Casale's appointment be formalized through a motion.
Mayor Liz& stated Mr. Casale is already formally appointed to the MCWD Board of Managers and has
offered to update Council on a quarterly basis. She did not think a formal appointment is necessary.
Woodruff stated the appointment has been open since January 3, 2011, and it will remain open until
someone is officially appointed, noting it can be left open. Councilmember Zerby stated he has no
problem with not formalizing the liaison appointment because the representative does not vote on the
City's behalf. Zerby noted the City Engineer has attended meetings on behalf of the City when more
substantive things were discussed. Zerby stated if this doesn't work out satisfactorily for Council it can be
reconsidered.
IL OLD BUSINESS
A. Curbside Pickup
Administrator Heck explained that during its January 24, 2011, meeting Council directed Staff to gather
information about possibly bringing back the curbside pickup component of the City's spring clean -up
program. Council wanted per household cost estimates and a list of items that would be collected at the
curb. The meeting packet contains the information gathered. The cost is $25 - $30 per household for the
same types of things that are collected as part of a household's regular refuse pickup. Some haulers will
pick up things such as scrap metal. No recyclables are separated out of the materials collected at curbside
with the exception of scrap metal.
Heck then explained that some cities and haulers do collect appliances at the curbside and in most cases
the household is charged for that. The cost ranges from $75 — $200 depending on the appliance collected.
The City of New Hope provides appliance collection services and its residents are billed for that over a
two -year period; that service is provided every other year. Every household pays for that cost even if they
don't take advantage of the service. The City's residents can drop off appliances at the City's drop -off
collection site for a lower fee and there are private companies that will pick up appliances. He noted the
2011 budget does not include funds for curbside pickup. He also noted the last time the curbside pickup
service was provided to households the cost was $18 per household with all households paying that
amount.
Councilmember Siakel asked if the City has been paying for the cost of operating the spring clean -up
drop -off collection program. Administrator Heck explained the City pays for the staff time and the
contractors, but it charges for some of the services. Director DeJong explained the program is run through
the recycling program. In the past the City has charged a fee for the disposal of equipment /appliances.
The City covers the staff time associated with that and it costs the City $3,000 — $5,000 per year to do
that. In response to another question from Siakel, Heck explained the $25 — $30 per household charge is
independent of whether or not the household puts anything out for curbside pickup. DeJong noted the
curbside pickup cost is for doing a special refuse pickup throughout the City and the cost for that is over
$55,000.
Mayor Lizee thanked staff for the research it did on this. She stated some residents have told her they
would like to have the curbside pickup. She noted some of the City's sister cities provide such a service.
She commented that when there was curbside pickup people would take stuff households put out before
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
February 28, 2011
Page 14 of 17
the hauler could come and get it. She suggested the City survey its residents in 2011 about whether or not
they would like to have and to pay for a curbside pickup program in 2012.
Councilmember Siakel stated she would like to be provided with data about curbside pickup participation
and about the number of complaint calls the City received from residents having to pay for a service they
didn't use. Administrator Heck stated it's his understanding from staff that the City received several
hundred complaint calls. Heck noted the City does receive calls from residents who want the City to
participate in organics recycling. Siakel asked when the curbside program was discontinued. Director
Brown noted the City dropped the curbside pickup program about five years ago.
B. Public Safety Facility Financing Surplus
Administrator Heck stated during its January 20, 2011, the South Lake Minnetonka Police Department
( SLMPD) Coordinating Committee discussed how the unspent bond proceeds in the construction funds
for the public safety facilities were handled. The Shorewood Economic Development Authority (EDA)
reduced the 2011 debt service payment amounts for the SLMPD and the Excelsior Fire District by their
respective surplus amounts in the construction fund. This will create a surplus in each of the
organization's debt service fund for 2011 unless some other action is taken. After discussion the
Coordinating Committee endorsed moving the SLMPD's 2011 surplus in its debt service fund to its
building fund. The Committee Members were also to bring the endorsement to their respective City
Council for discussion. He noted he incorrectly stated that the Tonka Bay Council favored returning the
surplus funds to the member cities. That is not the case. That Council favors putting the surplus funds into
the SLMPD's and the ETD's building fund for future maintenance of the public safety facilities. He
explained this topic was discussed briefly during the ETD Board meeting on January 26, 2011. The EFD
Board made no recommendation, but it's his understanding that the representatives from the Cities of
Deephaven and Greenwood indicated they were more interested in having the surplus funds returned to
the member cities.
Heck stated Staff recommends the public safety organizations keep the surplus funds for reserves or use it
for a one -time project, but not to fund operational expenses.
Councilmember Siakel stated she supports putting the surplus funds into capital improvement funds.
There will eventually be a need for maintenance on the two facilities and it will be more difficult to get
funds from the member cities when they are needed.
Mayor Lizee stated the SLMPD Coordinating Committee has talked about the need for a building fund
for maintenance of and improvements to the police public safety facility over the last few years. She then
stated to be good stewards of the facilities funds for the long -term care and maintenance of the facilities
should be set aside.
Councilmember Hotvet asked if the joint powers agreements (JPA) for the EFD and SLMPD designate
anything for this. Administrator Heck responded they do not. Heck stated it's up to the EFD and the
SLMPD governing bodies to determine what they are going to do with the surplus at the end of 2011.
Mayor Lizee recessed the meeting at 9:01 P.M.
Mayor Lizee reconvened the meeting at 9:05 P.M.
Mayor Lizee asked Attorney Keane to explain the role of the SLMPD Coordinating Committee, the role
of the EFD Governing Board and the role of the member cities as agreed to in the JPAs.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
February 28, 2011
Page 15 of 16
Attorney Keane explained the JPA for each organization is the policy document for each organization.
The JPAs set forth the rights and duties and responsibilities of the respective members. Their respective
JPA also locked in the funding formulas for the organizations. At the operating level decisions are made
by the SLMPD Coordinating Committee Members and by the EFD Governing Board Members. Each
member city's representative has an equal participating vote.
Administrator Heck stated that former Attorney Tietjen prepared a document describing the joint power
arrangement and how they work. He will try and locate the document and if he finds it he will distribute it
to the members of the Council.
Councilmember Woodruff asked if there is a restriction on how the remaining funds in the construction
fund could be spent.
Director DeJong explained the surplus proceeds that were in the construction fund were from bonds
issued in 2003. In December 2010 the Council authorized the transfer of the unspent bond proceeds in the
construction fund to the debt service fund. Earlier this year the Shorewood EDA billed the EFD and
SLMPD for an amount that will cover each organization's debt service payment. The amount billed was
less than the amount the organizations collected from their member cities in 2010 to cover payments. The
EFD and SLMPD have possession of the surplus funds in their debt service funds. Council is discussing
what recommendation it wants to make to the SLMPD Coordinating Committee and the EFD Governing
Board regarding how the surplus funds should be used. The question is should the funds be remitted back
to the member cities or should they be used for some capital purpose.
Woodruff moved, Zerby seconded, recommending the South Lake Minnetonka Police Department
Coordinating Committee and the Excelsior Fire District Governing Board use the surplus funds in
their respective debt service funds for capital purposes and that the surplus funds be transferred
into a reserve account. Motion passed 5/0.
Mayor Liz6e stated she will bring Council's recommendation back to the SLMPD Coordinating
Committee. Councilmember Zerby stated he will do the same for the EFD Governing Board.
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Administrator Heck stated the Minnehaha Creek Watershed District (MCWD) is hosting three meetings
over the next few weeks to talk about aquatic invasive species (AIS). One of the meetings will be held at
the Southshore Community Center (SSCC). Mayor Lizee explained the MCWD sent an email to the
mayors of the cities in the MCWD. The MCWD wants to have open discussions with the mayors about
the impacts of AIS, how to work together to protect the waters in the MCWD, and how to mitigate AIS.
Lizde noted that she plans on attending the meeting on March lO at 7:30 A.M. at the SSCC. Liz&
explained the meetings are being held in three different locations because of the number of cities in the
MCWD.
Heck then stated during its meeting on March 9"' meeting the LMCD Board will hold a public hearing to
discuss an application from the Shorewood Yacht Club to reconfigure its docks.
Heck went on to state the MCWD developed draft revisions to its Stormwater Management and
Administrative Rules. A 45 -day public comment period for the proposed rule changes is open until March
CITY OF SIIOREWOOD REGULAR COUNCIL. MEETING MINUTES
February 28, 2011
Page 16 of 16
31, 2011. After Staff reviews the rule changes it will present Council with its perspective on how the
proposed changes may impact the City. He noted single family properties are not included in the rule.
Heck also stated he distributed the summary of the community visioning meeting held on February 24 '
which was prepared by Rebecca Heidepriem with Fritz Partners. He noted Excelsior City Manager Luger,
Tonka Bay City Administrator Kohlmann and he plan to meet on March 4"' to continue discussions about
potential collaborative efforts. He stated he will work with the City's website developer to put some
explanation about the visioning efforts on the website.
Director Brown stated the excavation of the stormwater structure near Silver Lake has been completed.
Staff has asked the contractor to take their sign down at the area. He then stated the Metropolitan Council
has undertaken a manhole sealing and grouting project for its line that goes through Silver Lake.
Brown explained Shorewood and Excelsior Public Works staffs having been working with area residents
about the problem at Division Street. After the rainstorm in January 2011 some of the outlet structures
froze up when the weather turned extremely cold and a significant amount of the water from the wetland
backed up on to Division Street. He noted Shorewood and Excelsior share Division Street. He explained
up to eight inches of ice formed on the roadway. The staffs have been monitoring the roadway since that
happened. The staffs have been trying to clear the ice and water off the roadway during the melting
season.
1. December 2010 Budget Report
The meeting packet contained a copy of the December 2010 Monthly Budget Report.
B. Mayor and City Council
Mayor Lizee thanked Staff and Councilmembers for participating in the retreat they attended on the
mornings of February 23 and 24` She stated she thought there was a successful outcome to the meeting.
She also thanked Staff for sharing their comments freely with Council
Lizde then stated she thought the second visioning meeting held on February 24` between the Cities of
Excelsior, Shorewood and Tonka Bay was successful.
Lizde noted she received aerial maps of potential flooding areas in the MCWD and she will turn them
over to staff.
13. ADJOURN
Zerby moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 28, 2011,
at 9:24 P.M. Motion passed P.M.
e
Christine Lizde, Mayor
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder