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05-09-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 9, 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 7:00 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Krass; City Administrator Heck; Finance Director Deiong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Hotvet moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, April 25, 2011 Zerby moved, Siakel seconded, Approving the City Council Work Session Minutes of April 25, 2011, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, April 25, 2011 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of April 25, 2011, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz€e reviewed the items on the Consent Agenda. Couneilmember Woodruff suggested clarifying Resolution No. 11 -019 by changing "infested water" to "infested with zebra mussels water". Woodruff moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 11 -019 "A Resolution in Support of a Pilot Boat Launch Inspection Program at Christmas Lake" subject to changing "infested water" to "infested with zebra mussels water ". CITY OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 2 of 13 C. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach D. Accept Quote for Purchase of Seal Coat Rock, City Project 11 -07 E. Safety Training Proposal — Safe Assure Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. Discussion moved to Item 6 on the agenda. 5. PUBLIC HEARING A. 7:15 P.M. — Consider a Request to Vacate a Portion of Echo Road Right -of -Way Adjacent to 5685 and 5690 Echo Road Mayor Liz6e opened the public hearing at 7:17 P.M. Director Nielsen explained that when Echo Hill was originally platted the road terminated in a cul -de -sac. When Echo Hills Second Addition was platted Echo Road was extended through to Country Club Road. The turn - around was eliminated but the excess right -of -way associated with the original turnaround was never vacated. William Waples, 5685 Echo Road, and Marilyn Lindquist, 5690 Echo Road, have asked the City to vacate portions of that excess right -of -way. The right -of -way places constraints on these two property owners' ability to improve their properties because building setbacks are measured from the right-of-way. Their lots end up being quite small when compared to the other properties in the area. Mr. Waples and Ms. Lindquist request the easterly portion of the excess right -of -way be legally combined with Mr. Waples' property and the westerly portion of it be combined with Mr. Lindquist's property. Nielsen then explained Staff has only found one issue with this request. There is an existing watermain that extends along the south side of Mr. Waples' property. Therefore, Staff recommends Mr. Waples be required, as a condition of approval, to deed back to the City a ten - foot -wide drainage and utility easement along the south end of the vacated property. Staff also recommends both property owners must deed back a ten -foot drainage and utility easement abutting the new right -of -way line, noting this is requested of any new lot. These easements do not affect the buildability of the lots because setbacks are measured from the new property line. Nielsen stated Staff recommends adopting the draft resolution included in the meeting packet which releases the excess right -of -way to Mr. Waples and Ms. Lindquist subject to their execution of the required drainage and utility easements, and the vacation and the easement deeds being recorded consecutively. Nielsen noted Mr. Waples is present this evening. Mayor Liz6e noted this appears to be the right thing to do and it's long overdue. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 3 of 13 In response to a comment from Councilmember Zerby, Director Nielsen explained the fire hydrant is located at the edge of pavement. In response to a question from Zerby, Nielsen explained the City's required right -of -way for local streets is 50 feet. The traveled surface lies within the right -of -way and it's typically one half of the right -of -way. Nielsen also explained the 10 feet easement is in addition to the right -of -way. Director Brown additional right -of -way is also used for snow storage and maintaining the roadway within the public right -of -way. Director Nielsen noted the setback will be measured from the new property line. Mr. Waples stated his intent is to pass his property on to his son. He wants to get this straightened out so his property line is the same as his neighbor's. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -020 "A Resolution Vacating Parts of Echo Road." Motion passed 5/0. Mayor Lizee closed the public hearing at 7:24 P.M. B. 7:25 P.M. — Consider a Request to Vacate a Portion of Galpin Lake Road Right -of- Way Adjacent to Properties at 712 and 734 Galpin Lake Road in Excelsior Mayor Lizee opened the public hearing at 7:25 P.M. Mayor Lizee explained Joe and Pam Mueller, dba MN INBOARD, are trying to develop a property located in the City of Excelsior that happens to abut the northerly extension of Galpin Lake Road and one half of the right -of -way is located in Excelsior and the other half is located in the City of Shorewood. Director Nielsen explained the agenda states Galpin Lake Road and the address for the properties is Galpin Lake Road. The legal description for that portion of the street is Galpin Lake Boulevard; therefore, that is what appears in the resolution. Director Nielsen then explained the Muellers want to build a new building in Excelsior. He highlighted a map showing the location of the proposed development site, the surrounding roadways and the boarder between the Cities of Excelsior and Shorewood. He stated it's a fluke that a portion of the right -of -way and triangular piece of land are even located in Shorewood. He noted the Muellers are asking Excelsior to vacate a similar portion of the right -of -way. He stated it's his understanding that the Muellers have been through a sketch plan review on their site plan with Excelsior and it appears that Excelsior is on board with the plans for the property including vacating a portion of the right -of -way. Nielsen stated Staff recommends adopting the draft resolution included in the meeting packet which releases the easterly portion of the right-of-way to Joe and Pam Mueller, dba MN INBOARD, subject to the City of Excelsior approving the vacation of the westerly portion of the right of way. Councilmember Siakel stated it appears the City would be cleaning up some property lines that don't make any sense. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 11 -021 "A Resolution Vacating a Portion of Galpin Lake Boulevard ". CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 4 of 13 Without objection from the maker, the seconder amended the motion to include subject to the City of Excelsior approving the vacation of the westerly portion of the right -of -way. Motion passed 510. Mayor Lizde closed the public hearing at 7:29 P.M. Discussion moved to Item 7 on the agenda. 6. REPORTS AND PRESENTATIONS A. Terrence Haines, Eagle Scout Project and Request Mayor Lizde stated Terrence Haines, an Eagle Scout candidate, is present this evening. She noted Mr. Haines has proposed a project to improve the property near the Southshore Community Center (SSCC). Mr. Haines stated he is proposing a project to make improvements to the property near the SSCC. He asked Council if the City would be willing to donate money and /or volunteers to help with the project. The project entails building a platform at the top of the hill, building twelve steps that go down the hill with a railing along each side, building a platform at the bottom, fixing the bridge at the bottom of the hill, fixing the walking path in the woods and building two benches to put by the path. The estimated cost is $3,147. Mayor Lizde stated the proposed project is very ambitious. She noted that Mr. Haines has provided Council with a list of supplies and equipment he needs to do the job. She asked Mr. Haines if the project will be done over the summer to which he responded it would. She then asked Mr. Haines if lie has been working with SSCC Manager Kristi Anderson to which he responded he has. She also asked if he had lined up other scout members to help with the project to which Mr. Haines responded he has asked other members of his troop to help out if they can. Lizde then stated Eagle Scout projects are a wonderful way to get projects done in the City. She noted that she has sent a copy of Mr. Haines' request for funding to the Mimnehaha Creek Watershed District (MCWD), the Southshore Senior Partners (which is considering the request at its meeting this evening), and the Parks Foundation. The South Lake — Excelsior Chamber of Commerce is also going to consider the request for funding. Councilmember Woodruff stated he appreciates what Mr. Haines' is proposing to do. He asked Mr. Haines if there will be anyone with construction expertise working with Mr. Haines in supervising the project. Mr. Haines responded there will be, noting that his uncle will help with building the stairs and a scout leader for his troop who has his own workshop will help build the benches and the railings. He then asked Mr. Haines if he has submitted plans to the City's Planning Department or anyone else for approval. He stated because the work is being done on public property the City has to ensure it will be safe. Mr. Haines responded that will happen. He asked Administrator Heck if the City has the necessary insurance coverage for someone other than City staff doing work on public property, to which Heck responded he has not checked on that yet and he expressed his confidence that would not be an issue. Administrator Heck noted that Mr. Haines, Mr. Haines' mother, SSCC Manager Anderson, Building Official Pazandak and he have met to discuss the proposed project. Couneilmember Woodruff stated it's his recollection that about a year ago the Park Commission talked about a project similar to this would be a good thing to do. He asked if the Park Commission has had the opportunity to discuss this project yet. Administrator Heck responded the Park Commission has not been CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 5 of 13 involved with activities at the SSCC so it has not been discussed with the Commission. Woodruff stated the project scope is on park land and not SSCC land, noting the land for the SSCC is only the land under the building. Heck stated the Commission can discuss this at its May 10, 2011, meeting. Woodruff stated he thought if the City does contribute funding it should come out of the Park Fetid. Woodruff noted he thought the project should get done. Councilmember Siakel told Mr. Baines that he submitted a very nice plan and she complimented him on coming before Council. She stated this project is worth the City's support. She agreed that the Park Commission should be brought into the loop. She stated she thought the City should find a way to help Mr. Haines with the project. Councilmember Hotvet congratulated Mr. Haines for a job well done. Councilmember Zerby stated Mr. Haines is seeking funding for the project. He asked if Councilmember Woodruff is suggesting Council delay taking action on funding until after the Park Commission has discussed this. Councilmember Siakel stated she thought the Commission should be given the opportunity to endorse the project and potentially help with it. Woodruff suggested Council wait to take action on funding until all of the other funding opportunities have been identified then the City fund the remainder of the project. Mayor Lizee asked Councilmember Hotvet, the Council liaison to the Park Commission, to bring this to the Commission for discussion tomorrow night. Mayor Lizee asked Mr. Haines what his timeline is for starting the project. Mr. Haines stated he hopes to start work on the walking path this coming Thursday, May 12`' and his plan is to begin working on the steps, railings and platforms in June. After that work will begin on the bridge and building the benches. Mayor Lizee asked Mr. Haines if he is willing to come back before Council during its May 23` meeting. Prior to that meeting the Park Commission, the SSSP and the South Lake- Excelsior Chamber of Commerce will have met and she anticipated the MCWD would be able to give direction by then. Woodruff moved, Zerby seconded, authorizing Mr. Haines to make improvements to the trail. Motion passed 510. Mayor Lizee thanked Mr. Haines for all of his work. Discussion moved to Item 5.A on the agenda. 7. PARKS No report was given because there had not been a Park Commission meeting since the last Council meeting. 8. PLANNING Commissioner Davis reported on matters considered and actions taken at the May 3, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). 9. ENGINEERING/PUBLIC WORKS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 6 of 13 A. Smithtown Way Storm Pipe Replacement Project Engineer Landini explained the meeting packet contains a copy of a draft resolution approving the specification and estimate and authorizing advertisement for bids for the Smithtown Way Storm Pipe Replacement Project. Over the last several years the surface of the roadway over the storm water pipe has risen approximately four inches. This spring Staff and representatives of American Engineering and Testing took soil borings and conducted a survey. Plans and specifications have been drawn up to replace the storm pipe with an arch pipe and install additional drain tile along both sides to remove any trapped ground water that may be under the road causing it to heave. Landini noted the estimated cost for this project is $130,000. The project is not included in the Capital Improvement Program (CIP) project list. It has not been budgeted for. The Storm Water Fund is forecast to go into a deficit state in 2013 based on the CIP. The Fund has a sufficient balance to fund the project in 2011. Councilmember Woodruff stated some of the residents along Smithtown Way brought this issue to his attention and he forwarded their concerns on to Staff. He then stated he thought the bump in the road should be fixed because it could be considered a hazard. He commented he thought the bump was about 30 feet long. Engineer Landini clarified the pipe from one end of the pond to the catch basis is about 430 feet long and about 200 — 300 feet of the roadway's surface has heaved to some extent. Councilmember Hotvet stated she has driven that roadway several times and it's in such bad shape that she almost ripped the front bumper off of her car. She recommended it be fixed. She noted the price tag to fix it is much more than she anticipated. Councilmember Siakel asked if the City has received complaints and requests to repair the roadway. She then asked Engineer Landini if he thought it critical to fix the problem. Landini responded it would likely be possible to get another few years out of the surface of the roadway, but the surface will likely continue to heave another two inches and that will damage the front end of vehicles. Director Brown stated that from his vantage point the bump in the road is significant enough that it constitutes a safety hazard and therefore it should be addressed. Councilmember Zerby stated he supports fixing the problem. He expressed concern that this project has not been included in the 20 -Year Pavement Management Plan (PMP) and that the PASER (pavement surface evaluation and rating) system did not identify problems with the roadway's surface. He questioned if there could be other surprises Staff may not be aware of. Director Brown explained this past year there have been some pavement anomalies that haven't occurred in the past. They are caused by the frost conditions this year and the saturated water table last fall. The road surface has been heaving a little over the past few years due to the saturated soil conditions but the severe bump was because of the latest frost conditions. Councilmember Woodruff stated the problem has gotten much worse over the past winter, but he did receive two complaints in September 2010. He noted that he has not been down Smithtown Way this year. Engineer Landini clarified the PASER system is used to rate the surface of the roadway from a visible stand point. The surface of Smithtown Way is in relatively good shape; there is one crack in it. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 7 of 13 Councilmember Zerby asked if another criterion should be factored into the PASER system in order to identify similar types of problems with roadways. Director Brown stated it was unfortunate that the complaints were made to a Councilmember rather than to City Hall or the Public Works Department. That was not the proper channel. He explained that although some of the settlement occurred over time the last and most severe problem happened rapidly. He noted Public Works personnel travel the City's roadways frequently. Councilmember Zerby stated he thought that with the use of the PASER system the City would be anticipating such issues. He commented that the City should not have road repair by complaint. Director Brown explained the final settlement is what made the bump on Smithtown Way a serious problem and that happened rapidly after the serious freeze /thaw cycle this past winter. He noted when the original complaints received the problem was fairly dramatic but it was not a safety hazard. Councilmember Zerby asked if there were other roadways that are in this condition. Director Brown responded Public Works personnel typically place signs annually next to Smithtown Road near the Woodside Cemetery when frost conditions create a bump is the roadway's surface. Some year that problem could become more pressing. Director Brown explained that Smithtown Way was constructed in the last 12 years and no one expected it to have the problem it has. No one could have predicted there would have been that much settlement that quickly. He made the analogy that one day there is a crack in the roadway's surface but then the freeze /thaw conditions create a fairly significant pothole over a short period of time. That could happen to other roadways, but those situations can't be predicted. To date it's been a very rare occurrence. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -022 "A Resolution Approving Specification and Estimate and Authorizing Advertisements for Bids for Smithtown Way Storm Pipe Replacement Project 2011." Motion passed 510. 10. GENERAL /NEW BUSINESS A. Yard Waste Collection Administrator Heck stated there are a couple of cities in the area that offer yard waste collection for their residents. Councilmember Woodruff asked Staff to research the possibility of the City providing such a service and bring it before Council for discussion. He noted that Staff had looked into doing this a few years ago with the same company that the City of Mound uses, but it didn't move forward. Staff reviewed the information they gathered back then and conducted some additional research. Heck explained the Cities of Mound and Orono accept yard waste at their public works facilities at no direct cost to its residents. Orono only accepts leaves; it does not accept brush. The residents dump and debag their materials. The material is composted and residents can take the compost. The City of Minnetonka also accepts leaves and brush. It chips the brush and leaves it for residents to take. Minnetonka budgets a little over $100,000 to operate their drop -off and chipping program. The program does not operate during the winter months. The City of Tonka Bay's contract with Allied Waste includes collection of brush and waste. The cost of this program is included in the residents' utility bills. The City of Excelsior charges its residents for its fall clean -up program. If residents want to dispose of brush or yard waste during non winter months they must prepay for the collection at Excelsior City Hall. The City of Mound contracts with a local business for disposal of leaves and grass clippings. Residents dropping off brush are charged directly. Mound pays the local business an upfront fee of $12,500 per year and that CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 8 of 13 allows Mound's residents to drop off up to 2,500 cubic yards of material. If that allowable amount is not dropped off Mound is given a refund and if more is dropped off Mound is charged an additional amount. Mound assesses residents a fee on their utility bill to cover the cost of the program. Heck stated Director Brown informed him that in the past when there has been a strong storm the City has set up a drop off location for residents to bring brush and the City has ground up the branches. He then stated there is a financial impact to providing a program and the cost depends on the type of program. He noted that haulers are required by law to collect yard waste. Heck then stated Staff recommends the City strongly encourage residents who want yard waste and brush collection to contact their refuse hauler to provide such a service. Staff also recommends yard waste collection be incorporated into a broader discussion on solid waste management in the City. Councilmember Woodruff stated he was asked about this a number of times last fall and those asking the question were aware they could purchase such a service from their refuse hauler. The residents thought other cities provided the service for free if they harried it to some location and that is what they wanted. He then stated that after having read the information provided by Staff and after being made aware that the service Mound provides is not free he is satisfied with having the residents work with their own hauler to provide such a service. Mayor Liz& stated it's her recollection that the new Councilmembers brought up the topic of a broad plan for waste management collection in January. Councilmember Siakel stated she thought yard waste collection is a good idea and that she thought the service being referred to is at the Mulch Store in the City of St. Bonifacius. She then stated Council has to decide the level of service it thinks the City should provide and what type of spring clean -up program it wants to provide. Maybe for a period of time in the spring residents could drop off yard waste and brush at some location. She suggested Council and Staff discuss during a future meeting a comprehensive spring clean -up program and a comprehensive waste management program, including the collection of old medication. She stated at her home they have refuse pickup, recycling pickup and compost pickup at this time and they would likely sign up for organics recycling if it was available. That's four different containers that have to be hauled to the curb. Councilmember Zerby stated he supports discussing a comprehensive program. He then stated he is not interested in a tax increment raise to provide additional services to residents throughout the City because residents have the opportunity to contract for yard waste collection service at this time. He noted that there are already too many haulers traversing the City's roadways. Councilmember Siakel suggested as part of a potential resident survey the residents could be asked what level of service they expect, what they want and what they are willing to pay for. Councilmember Hotvet asked if the City could work with another near by city to share such services. There was Council consensus to schedule a work session to discuss a comprehensive approach to various types of solid waste collection and the scope of the spring clean -up. B. Tobacco Ordinance Amendment Administrator Heck explained that during its September 27, 2010, work session Council discussed proposed changes to the City's tobacco ordinance. The meeting packet includes a copy of the draft CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 9 of 13 amended ordinance, an email from former Attorney Mary Tietjen summarizing the changes, and an excerpt from the September 27 °i meeting minutes. The proposed changes focused on updating the definitions of tobacco, tobacco products and tobacco related devices. Staff had provided a 30 -day notice to the three licensed establishments that the changes would be discussed during Council's November 8, 2010, meeting. That did not occur due to Staff oversight. Staff has again provided a 30 -day notice to the three licensed establishments informing them that the proposed changes would be discussed during this meeting. The City did not receive any feedback from the establishments. Zerby moved, Woodruff seconded, Approving ORDINANCE No. 475 "An Ordinance Amending the Shorewood City Code to Replace Existing Chapter 302 in its Entirety with a Revised Chapter 302 (sale of Tobacco)" and Adopting RESOLUTION NO. 11 -023 "A Resolution Approving Publication of Ordinance No. 475 by Title and Summary ". Councilmember Woodruff noted that Council had been provided with an updated copy of the amended ordinance. Motion passed 510. C. South Lake Minnetonka Police Department Agreement with the City of Excelsior for Seasonal Dock and Park Patrol Services Administrator Heck stated this is a routine request from the City of Excelsior for the South Lake Minnetonka Police Department (SLMPD) to provide park and dock patrol services. Excelsior pays for all the services. He noted that this is normally handled on the consent agenda but because there are two new Councilmembers this year he thought it appropriate to have it as an item for discussion. Fie stated Excelsior requests these services on an annual basis. He explained that the joint powers agreement for the SLMPD stipulates existing SLMPD patrol officers cannot be diverted from their regular duties to provide supplemental policing services to a member city and that all five of the member cities must approve such a request. He noted that the final agreement for providing supplemental policing services in 2011 is not yet available, but it should be very similar to the 2010 agreement. Zerby moved, Siakel seconded, approving the South Lake Minnetonka Police Department providing Park and Dock Patrol Services for the City of Excelsior as mutually agreed upon for the 2011 summer season. Motion passed 510. D. Request for Reduction of Water Connection Fee Engineer Landini stated the City received a request (from Charles Price, 5710 Christopher Road) asking the City to consider reducing its $10,000 water connection fee for a single family home. Mr. Price would like to connect to City water but the connection fee stands in the way of him doing that. The request is just one of a number of requests the City has received in the last month or so about connecting to City water. Director Brown stated various Councils and staff have discussed numerous times how to entice property owners to connect to City water. The Councils have also discussed the financial needs for the water system numerous times. Some property owners have conveyed that the $10,000 fee is too much. He explained the fee also helps support the existing water system infrastructure that previous property owners have helped pay for. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 10 of 13 Mayor Liz& stated water quality and water safety is a huge issue. She then stated she thought this Council would appreciate having a work session with a primer on the City's water policy, how the water system works, the history of it, the cost for it, the cost to maintain it and the expansion of it. She suggested Council forward specific questions they may have through Administrator Heck. Councilmember Siakel stated she applauded Mr. Price for asking the City to reconsider the amount of the connection fee. She asked how the $10,000 amount was arrived at. She also asked if it should be reduced or should it be increased. Councilmember Woodruff asked if Mr. Price's property has been assessed for water already. Engineer Landini responded the 5710 Christopher Road property has not been assessed. Landini stated Mr. Price could connect to a stub on Smithtown Road. Woodruff then stated he thought it prudent for the current Council to discuss this again. He suggested that during that discussion Director DeJong review the financial needs for the Water Fund. He commented that he is aware of more than two situations where property owners have issues with the level of arsenic in their private wells but they don't want to pay the $10,000 fee to connect to City water. Director Nielsen explained that the $10,000 fee is based on actual costs. He commented that Staff has a great deal of background material that can explain that and he thought it best for Council to review that. He explained there is a cost to install and maintain the water towers and the water main. Over the years some property owners have paid for the water system infrastructure in place today. He noted than when roadway improvements were going to be made to Nelsine Drive in 2010 the City considered extending water under that street, an extension that would have been about as cost effective project that there would be, and the actual cost per property to extend water down that street would have been approximately $8,500. He stated the $10,000 fee is a real number, noting it's somewhat higher than the cost to replace a well. Mayor Liz& stated it would be prudent for Council to have a work session to discuss this Councilmember Hotvet stated a number of issues related to water were discussed as part of the strategic planning discussion that occurred during the Council and staff retreat held in February 2010. Councilmember Siakel stated that ultimately the City's water system should be expanded. She commented there are a lot of advantages to being connected to City water. She stated the worst time to ask for someone to connect to City water is shortly after they had a well installed. She suggested Council make a decision with how to move forward with extending the City's water system infrastructure. Councilmember Zerby stated the price to access City water has to be somewhat competitive with installing a new well. He noted the water connection fee in some of the surrounding communities is lower than the City's fee. He stated his initial thought is to lower the fee so that more property owners would connect to the system. There was Council consensus to schedule a work session to discuss this 11. OLD BUSINESS A. Carver County Open Fiber Initiative CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 11 of 13 Administrator Heck explained that during Council's February 28, 2011, meeting Council was informed that Carver Country is going to build an infrastructure (a fiber ring) for high speed broadband internet services. The project is called the Carver County Open Fiber Initiative ( CCOFI). The fiber ring will be about 90 miles long. The ring will connect all of the cities in Carver County as well as schools, libraries and other key public facilities. There will be fiber spurs off of the ring that will allow for other entities to connect to the network. The total amount of fiber installed will be around 130 miles long. Because Carver County received a federal grant to help find the project other public entities have to be allowed to access the fiber backbone. The County has spoken with the City and the City of Excelsior to see if there is interest in connecting to the fiber backbone. Heck then explained it appears that the Chanhassen Fire Station located at State Highway 7 and Minnewashta Boulevard would be close locations for the City to connect into. Minnetonka Middle School West, which is located just south of Highway 7 on Highway 41, is included in the ring because it's located in Carver County. The Minnetonka School District will therefore be connected to the ring. He has contacted the School District's Information Technology Director asking if it has fiber optic running near City Hall, and if so what is the capacity, and if the City could potentially splice into the fiber. He clarified that the City has to pay the cost for connecting into the fiber backbone; the cost to put fiber in to the ground and the cost for the connection boxes. Heck went on to explain that Carver County has a plan to whole sale out internet access, similar to what the City currently has with Warner Connect over the City's T1 lines, and to potentially offer internet protocol voice services. The City could potentially eliminate the need for its TI lines and the public safety facilities could do the same. If City Hall gets connected to the backbone the Southshore Community Center (SSCC), the Public Works facility, the public safety facilities and possibly the other South Lake communities could potentially be connected to the fiber network. He noted it costs about $60,000 to put down one mile of fiber cable. Councilmember Zerby stated he thought the cost was about $40,000 per mile. Heck noted that Councilmember Zerby, Director DeJong and he had met with the CCOFI project manager. The project manager indicated that if the City wasn't going to use the full services he wasn't sure what the benefit would be to connect. Councilmember Zerby explained the CCOFI project is estimated to cost $7 million and Carver County received a $6 million federal grant for it. The system will be completely underground. Besides providing internet service at a whole sale price it will provide intergovernmental connection which will allow for some service if some component goes down. He noted Scott County will also be connected to the network. He stated he supports pursuing this further. He explained the City doesn't have to connect at the fire station or the school; it could connect somewhere in between for an extra cost of about $7,000. He stated there are a number of users in the vicinity (public safety, the SSCC, the City's Public Works facility) that could take advantage of this service as could the City of Excelsior and the Excelsior Library. The City could share the cost of connecting to the fiber network with these other entities. Councilmember Siakel asked what value the City would get from connecting to the network. She stated she thought there would be a significant value if the City was able to connect with Hennepin County. She asked how many residents would benefit from this. Councilmember Zerby clarified that only government services would have access. Councilmember Zerby explained that when spurs are run to local communities it will terminate at a facility like a library. Carver County partnered with a company called Jaguar Communications and Jaguar will lay fiber cable next to the County's and then sell space on it to private parties. He noted that the City CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 12 of 13 would have to run two fiber lines if it wants to provide residents with access opportunities to a similar network. Councilmember Woodruff stated he supported the City pursuing this further. The financial viability of doing this needs to be investigated. He noted the Minnesota School District has a fiber line that runs along Smithtown Road and it goes to the Minnetonka Elementary School. He explained he did not ](now if that fiber could be used by the City, but he is certain it can't be used for commercial or residential services because that fiber was partially funded with federal funds. He clarified that Carver County is installing a government network and at the same time it's installing additional fiber for an open access network. That additional fiber is for lease to other parties, of which Jaguar is one. Jaguar at its own expense will build out commercial and residential service with the fiber it's leasing from the County. Jaguar will have to install additional fiber to homes and businesses. He commented that lie has spoken with the CCOFI project manager a mmriber of times. He stated because Carver County received a federal grant to help fund the project the County can't allow their intergovernmental network to be used by residential or commercial users. There was Council consensus to have Staff continue discussions with Carver County about the CCOFI initiative and to also continue discussions with the Minnetonka School District about potentially splicing into its fiber backbone. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated from a State legislative standpoint the conference committees are meeting but are not making any decisions. A levy freeze is not included in either the senate or house bills in conference committee. The levy limit law that is scheduled to sunset this year may potentially be extended two years. He explained because the City hasn't levied the total amount it could have the past three years it has an opportunity to have a little higher levy increase. Heck then stated the variance bill has been passed by the Senate and House and it contained compromise language endorsed by the League of Minnesota Cities. It's his understanding Governor Dayton will sign the bill. Heck went on to state the Step -To- Challenge was kicked off today. There is a South Lake Minnetonka Police Department (SLMPD) Coordinating Committee on May 11 "'. There is an Excelsior Fire District Operating Committee meetin scheduled for May 12 "'.There is a Council and Staff strategic planning session scheduled for May 11". Director Brown stated the sweeping of City streets has been completed and water main flushing continues. B. Mayor and City Council Mayor Lizee reiterated there is an SLMPD Coordinating Committee scheduled for May I I"'. She explained that on April 26 "' she went before the Tonka Bay City Council to ask for a donation to put toward the purchase of a digital sign for the Southshore Community Center. That Council requested it be provided with additional information. On May 2i she went before the Excelsior City Council to ask for a similar donation and the Excelsior Council decided Excelsior should donate $4,000. Director DeJong noted the City has received that check. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 9, 2011 Page 13 of 13 Mayor Liz& asked what the status is of the directional signs for County Road 19. Director Brown responded the signs have been delivered to Public Works and Staff is working on obtaining the proper permits for placement. Councilmember Zerby asked what the status is of the entry signs for the City. Director Nielsen explained that it's his intent to have sign mockups available for the next Council meeting. Councilmember Hotvet stated the Park Commission will go on park tours during its next two meetings. Mayor Liz& stated SLMPD Reserve Captain Don Rogers passed away on April 26 "', noting he was a resident of the City. Captain Rogers was a community hero and a volunteer extraordinaire. He was known as "officer everywhere ". He was the dock master at the City of Excelsior Municipal Docks and he spent a lot of time in the Excelsior Commons. He worked at all of the parades in the community. Captain Rogers was loved by all. His passing has truly left a mark on the community. She then stated she attended his funeral on April 30 "'. The turnout of police officers, fire fighters, reserve officers and South Lake city personnel was phenomenal. She concluded that Captain Rogers will be sorely missed. Administrator Heck stated during the Executive Session that will immediately follow this meeting Council will have a confidential attorney- client discussion regarding the pending legal issues with Roil Johnson. Council will also discuss land acquisition. 13. ADJOURN Zerby moved, Hotvet seconded, Adjourning the City Council Regular Meeting of May 9, 2011, at 8:27 P.M. Motion passed 510. ( �. Uri Christine Liz&, Mayor RESPECTFULLY SUBMITTED Christine Freeman, Recorder