04-11-11 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 11, 2011
MINUTES
1. CONVENE CIY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Lizee called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City
Administrator Heck; Director of Public Works Brown; and Engineer Landini
Absent: None.
B. Review Agenda
Mayor Lizee requested Item 2 be moved to the April 25, 2011, City Council meeting agenda because the
draft copy of the minutes had not been included in the meeting packet. She also requested Item 11.13
Discussion of Allocation of Additional Funds for the 2011 Eurasian Watermilfoil Treatment Program be
added to the agenda.
Zerby moved, Siakel seconded, approving the agenda as amended. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, March 28, 2011
This item was moved to the April 25, 2011, City Council meeting agenda.
B. City Council Regular Meeting Minutes, March 28, 2011
This item was moved to the April 25, 2011, City Council meeting agenda.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Zerby moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda.
A. Approval of the Verified Claims List
B. Personnel action — Light Equipment Operator Appointment
Councilmember Woodruff stated the verified claims list shows two claims for the March 17, 2011, Excelsior
Chamber luncheon for Mayor Lizee. Mayor Lizee explained that she paid for Administrator Heck and herself
to attend the luncheon. Heck explained he also paid for himself to attend the luncheon. Woodruff asked the
check be pulled from the verified claims list until this can be checked into.
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April 11, 2011
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Motion passed 5/0 subject to check number to 51566 in the amount of $30 to Mayor Lizee being pulled
from the verified claims list.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
A. Jeff Casale Report on Minnehaha Creek Watershed District Board Activities
Mayor Liz6e introduced Jeff Casale, a Shorewood resident who is on the Minnehaha Creek Watershed
District's (MCWD) Board of Managers, and is present to provide an update on MCWD Board activities.
Mr. Casale explained there are 29 communities located in the MCWD. He stated he would talk about the
Lake Minnetonka (the Lake) and Minnehaha Creek (the Creek) water level issues and MCWD partnership
projects during the last year. His goal is to stimulate thoughts about potential projects where the MCWD and
the City of Shorewood could collaborate.
Mr. Casale stated the MCWD defrosted the Grays Bay dam in order to get the gates on the dam working. IIe
said the dam was opened on March 17"'; normally it's not opened until the ice is out of the Lake. He noted
the Lake was over the normal high water mark in late October 2010. The dam was fully open until the ice
started to form in late November 2010. The amount of water discharged to date equals about 4.5 inches of
water. Approximately another 3 inches will be discharged by the time the ice goes out. At a water level of
930.2 feet, the Lake is about 2.5 inches above the top of the dike at the dam. He noted MCWD staff is
working 7 days a week to lower the Lake level so properties that front the Lake won't flood while making
sure the Land downstream is not flooded. He stated a lot of properties in Edina have water on them.
Mr. Casale explained that in 2009 the MCWD worked with the State of Minnesota, the Minneapolis Park and
Recreation Board, the Minneapolis Veterans Home, and the United States Army Corps of Engineers
(USACE) to accomplish the goals of stormwater management, natural resources restoration/preservation and
historical resources restoration/preservation.
Mr. Casale described a project to repair /replace Works Progress Administration (WPA) walls installed along
the Minnehaha Creek bank during the great depression. The project included the installation of new riprap
and structures to slow the rate of water flow to reduce erosion.
Mr. Casale displayed a map of the Minnehaha Creek Watershed. He explained that water within the upper
watershed flows into the Lake and eventually into the Creek.
Mr. Casale highlighted a partnership between the City of Hopkins and the MCWD called the Urban Creek
Corridor Partnership. The project involves the area around the intersection of Highway 169 and Highway 7.
He explained that as the area was developed, the Creek was ditched to flow under Highway 7 and then to
take a slightly different route. He displayed pictures of the project area, including pictures of how the area
looked in the 1930s and how it changed over the decades.
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April 11, 2011
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Mr. Casale reviewed the objectives for the Urban Creek Corridor biitiative. They include stormwater
management; restoring nature; parks spaces and open access to the Creek; recreation and public access;
transportation; economic development and housing; and, community participation. He displayed pictures and
drawings of how the area will look after the revitalization has occurred.
Mr. Casale displayed pictures of Cottageville Park in Hopkins and the two apartment buildings Hopkins
asked the MCWD to purchase as part of the Initiative. He explained the majority of stormwater in that area
of Hopkins flows into the Creek. The plan is to redirect that stormwater into a new stormwater treatment
system developed in the Park
Mr. Casale explained another project with the City of St. Louis Park to restore Mirmehaha Creek and some
wetland areas.
Mr. Casale noted Hennepin County has granted the MCWD a revolving line of credit so it can purchase land
if the Land has sensitivity to water resources. The MCWD has done quite a bit of that for the Painter Creek
Ecosystem Restoration Project.
Mr. Casale commented the MCWD has recently worked on low impact development projects with the Cities
of Excelsior, Minnetonka, and Wayzata for some of those Cities' street redevelopments. The MCWD
awarded the Cities grants to install grit chambers and water treatment where storm water is collected.
Mr. Casale explained the MCWD provides grants for street sweeping efforts and a citizen grant program for
storm water management best management practices.
Mr. Casale then explained the MCWD is working on a proposed parking lot program, which would involve a
municipality granting easements to the MCWD to hold storm water in underground storage tanks. The
MCWD is assessing how to do an outreach program in the City of Minneapolis for churches and schools that
have large parking lots. The MCWD worked with St. Mary's Church near Lake Calhoun on such a program.
Mr. Casale stated the MCWD has a Low Impact Development Program. For the West End development
project in St. Louis Park the LID Program funded installing engineered soils which is something that is
above what is required by code. Engineered soils allow trees to grow to a mature state. The Program also
partially funded the green roof on top of the Rainbow Store in that development.
Mr. Casale discussed the Wayzata Bay Center development. He indicated the developers plan to restore the
wetland hydrology. To do this, they will create a granite bottom lake underneath the redeveloped area, the
roads will be more like bridges, and the buildings will be built on stilts. Because the capacity of the storm
sewer system will be greater than what the development needs, the MCWD is talking with the City of
Wayzata about redirecting the storm sewers east of the development into the development's system.
Mr. Casale concluded his presentation by expressing he hoped that he has stimulated ideas for how the City
of Shorewood and the MCWD can work together on projects.
Councilmember Zerby asked about Pleasant Avenue in Tonka Bay. He thought the road passed through a
wetland and if the wetland will be restored when the road is rehabilitated. He asked Mr. Casale if the MCWD
has heard of that potential project. Casale responded that project has not come before the MCWD Board.
Zerby stated he thought that project should be discussed.
Councilmember Zerby asked if there are resources available to identify the City's water resources; those that
are visible today as well as those that were once there. Zerby stated there are hints of creeks in the City and
he questioned if they were actual creeks many, many years ago. Mr. Casale responded there are aerial maps
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April 11, 2011
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that may be beneficial. Zerby stated the City could use help in that area. Zerby then stated that Badger Creek
runs under County Road 19 and on towards the Lake. Maybe Badger Creek needs to be restored. Zerby cited
another creek that runs below Manitou Forest. Zerby related that he has read that creeks should be identified.
Casale noted that Hennepin County has a mission to preserve open creeks. It has a desire to restore what he
terms "daylight creeks" when opportunities present themselves.
Councilmember Zerby stated if the creeks were identified as protected bodies of water that could be
addressed in the City's Comprehensive Plan.
Councilmember Siakel thanked Mr. Casale for sharing the information about the MCWD. She stated she has
attended a few MCWD Board meetings and has found them very informative. She then stated there is an area
near Grant Lorenz Road heading toward the Lake that resembles the riprap restoration project in the Creek
that Casale talked about earlier. There is major erosion in that area.
Director Brown noted the City has 1966 topographic maps and Engineer Landim has made use of the
University of Minnesota's historical maps. Hennepin County and the MCWD also have useful information.
He stated the area off Grant Lorenz Road that Councilmember Siakel referred to is a prime example of an
area that desperately needs stabilization. He explained that years ago the City investigated if it had the
easements and if it was feasible for the City to acquire the easements necessary to stabilize the area. He noted
the area drains nearly one -third of the City by the times it gets to Sleepy Hollow Road and down to
Edgewood Road. Councilmember Siakel noted the erosion in that area has escalated in the last few years.
Mr. Casale suggested Council identify areas where the City and the MCWD could partner and to provide the
MCWD with that information. He explained the MCWD has a substantial 10 -year Capital Improvement
Plan. He noted the projects are not specific projects; they are placeholder projects, which identify what is
needed in different areas. He stated the CIP could be amended to include newly identified projects. The plan
amendments have to be approved by the Minnesota Board of Water and Soils Resources, Hennepin County
and the State to give the MCWD the authority to address new requests.
Councilmember Hotvet asked if the MCWD partners with the Minnesota Pollution Control Agency or any
other agencies on soil cleanup. Mr. Casale responded the MCWD frequently partners with the Minnesota
Department of Natural Resources and the MPCA. The State has identified the MCWD as a regional resource
that needs a regional focus. The MCWD is a delegated arm of Hennepin County. He commented that 90
percent of the MCWD's budget is for capital projects.
Councilmember Zerby suggested Staff be directed to identify a wish list of six or so projects to partner with
the MCWD on. Mayor Liz& stated Council could also discuss potential projects during a future Council
work session.
Mayor Lizee thanked Mr. Casale for his presentation this evening.
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 April 12, 2011.
8. PLANNING
Commissioner Hasek reported on matters considered and actions taken at the April 5, 2011, Planning
Commission meeting (as detailed in the minutes of that meeting).
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April 11, 2011
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9. ENGINEERING /PUBLIC WORKS
None.
10. GENERAL/NEW BUSINESS
A. Proclaiming April 16, 2011, Healthcare Decisions Day
Administrator Heck stated the City has been asked to proclaim April 16, 2011, Healthcare Decisions Day.
The purpose of doing so is to make the public aware of the importance of preparing a healthcare directive.
The directive provides medical professionals and family members with guidance about the type of care a
person wants to receive. He noted Minnesota Governor Dayton signed a proclamation making April 16"
Healthcare Decisions Day for the State of Minnesota. He stated a copy of a draft resolution is in the meeting
packet.
Mayor Liz6e stated Attorney Grathwol, with the Grathwol Law Office, contacted her about this matter. She
noted that on April 15 an event is scheduled at the Southshore Community Center from 10:00 A.M. — Noon
where there will be professionals present to discuss advanced healthcare directives with individuals and their
families. She asked the Councilmembers to join her in making the proclamation.
Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 11 -011 "A Resolution Proclaiming
April 16, 2011, to be Healthcare Decisions Day."
Councilmember Siakel stated she thought doing this is a fantastic idea. She noted that of two- thirds of the
dollars an individual spends on health care during their life time is during the last two years of their life. She
stressed the importance of conveying one's end of life health care wishes to families and medical
professionals. She stated most medical systems allow people to have a directive attached to a person's
medical records.
Councilmember Woodruff stated he thought this is a good idea. He suggested the adopted resolution be
placed on the City's website.
Motion passed 5/0.
11. OLD BUSINESS
A. Street Sign Policy
Administrator Heck stated that during Council's March 14, 2011, meeting Council discussed a street sign
placement policy. Council directed Staff to draft an update to the City's current policy to reference the
Minnesota Manual of Uniform Traffic Control Devices in the policy. A draft of that updated policy is in the
meeting packet.
Woodruff moved, Zerby seconded, adopting the City of Shorewood's Street Sign Policy.
Councilmember Zerby indicated the Policy stated that requests received during the winter months will be
processed by May 31". He asked what the reason for that delay is. Administrator Heck responded if a request
is for installation of a new sign traffic counts may have to be taken; it is more difficult to do that during the
winter. In addition, it is difficult to install a sign when the ground is frozen. Heck explained if the request is
for a winter related sign that would be processed during the winter. He stated the City can be flexible when
addressing the requests about signage. Director Brown explained that in the past a yield sign rather than a
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April 11, 2011
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stop sign was installed to forewarn drivers of icy roadways. Brown stated the City can be flexible when
processing requests and for those requests that require a sign be installed the processing of the request can at
least be started during the winter.
Motion passed 510.
B. Discussion of Allocation of Additional Funds for the 2011 Eurasian Watermilfoil
Treatment Program
Mayor Liz6e stated she asked to add this item to the agenda. She explained that during Council's March 28,
2011 meeting, Dick Osgood, Lake Minnetonka Association (LMA) Executive Director, gave a report on the
herbicide treatment of Phelps Bay in Lake Minnetonka for Eurasian Water Milfoil. She noted that the
Minnesota Department of Natural Resources has approved the treatment of Gideon Bay and St. Albans Bay
during 2011. She asked Council to consider restoring the City's contribution to the treatment efforts during to
$6,000. The City's 2011 budget allocates $4,000. She stated she has spoken to quite a few residents on
Enchanted Island about the City's contribution amount. She noted Lake Minnetonka is an amenity for all of
the residents.
Councilmember Siakel expressed her support for considering all ways to combat Milfoil and she thought
increasing the amount by $2,000 is fair. She stated that during the March 28` meeting Mr. Osgood's
information indicated that $2,000 of the City's contribution would go toward the treatment of Gideon Bay.
She asked if increasing the $4,000 contribution to $6,000 was enough.
Mayor Liz6e stated she at least wanted the funding level to be the same as in 2008, 2009, and 2010.
Councilmember Woodruff explained he had recused himself from discussions about treatment contribution
amounts and motions to consider funding levels for the 2008 — 2010 herbicide treatments. He noted his
residential property is located on Enchanted Island. He stated he will not recuse himself this year because the
funds the City will contribute in 2011 will go toward the treatment Phelps Bay as well Gideon Bay. He stated
the $6,000 contributed each of the past three years was to go toward the treatment of Phelps Bay. He
explained the treatment of Phelps Bay will cost more this year than it did last year because more acreage will
be treated. He stated from his perspective he thinks the City is short changing the residents of Phelps Bay
because $2,000 of the $6,000 will go toward treating Gideon Bay. He expressed his concern about increasing
the contribution amount for 2011 treatment over what is budgeted for 2011.
Administrator Heck explained the budget Staff proposed for 2011 included a contribution of $4,000 under
the assumption that the treatment costs would be less in 2011 than they had been in the past. He noted it was
not known at that time if the treatment of Gideon Bay would be approved.
Councilmember Zerby stated the amount discussed during the March 28 "' meeting presentation was about
putting $2,000 toward the treatment of Phelps Bay and $2,000 toward the treatment of Gideon Bay. He can
support increasing the contribution.
Siakel moved, Zerby seconded, increasing the amount the City will contribute toward the 2011
herbicide treatment of Phelps Bay and Gideon Bay in Lake Minnetonka for Eurasian Watermilfoil
and Curly Leaf Pondweed to $6,000; an increase of $2,000 over the amount budgeted. Motion passed
510.
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 11, 2011
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1. Excelsior Fire District Board Meeting Update
Administrator Heck stated he attended the Excelsior Fire District (EFD) Board work session held on April 6
to discuss the proposed EFD 2012 Operating Budget and the 2012 — 2032 EFD Capital Improvement
Program. He explained that the proposed overall budget reflects an increase of 1.2 over the 2011 budget.
Because EFD fund balances have been used the past two years to help reduce the municipal contributions
and because that is not proposed again for 2012 the increase in the municipal contributions will be about 6.2
percent He stated another work session is scheduled for April 20`
Other
Administrator Heck stated the Metro Cities annual meeting is scheduled for April 14, 2011. He stated that
Councilmembers Hotvet and Woodruff and he plan to attend the meeting.
Director Brown stated Staff met with the Minnesota Department of Health (MDH) nearly two weeks ago to
commence the Wellhead Protection Program (WPP). He explained the schedule for the WPP was based on
the size of municipalities. Under policies adopted by the MDFI performs the WPP for municipalities that
serve less than 3,300 people. The City serves 3,370 people. Originally, the MDH stated the City would be
responsible to prepare its own WPP. From a resource perspective the WPP represents about two years worth
of work for a cost of about $80,000 — $100,000. Brown reported he received a call from the MDH explaining
they will prepare the WPP for the City. He noted Staff will work with the MDH as it prepares the report.
B. Mayor and City Council
None.
13. ADJOURN
Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of April 11, 2011, at
8:19 P.M. Motion passed 5/0.
Christine Liz6e, Mayor
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder