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05-23-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 23, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Liz(,e called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council / Park Commission / Planning Commission Work Session Minutes, May 3, 2011 Zerby moved, Woodruff seconded, Approving the City Council / Park Commission / Planning Commission Work Session Minutes of May 3, 2011, as presented. Motion passed 5/0. B. City Council Work Session Minutes, May 9, 2011 Siakel moved, Zerby seconded, Approving the City Council Work Session Minutes of May 9, 2011, as presented. Motion passed 510. C. City Council Regular Meeting Minutes, May 9, 2011 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of May 9, 2011, as presented ". Motion passed 5/0. D. City Council Executive Session Minutes, May 9, 2011 Zerby moved, Woodruff seconded, Approving the City Council Executive Session Minutes of May 9, 2011, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 2 of 14 Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, subject to including adopting a resolution accepting bid and awarding contract for the 2011 bituminous mill, overlays and appurtenant work for Vine Hill Road as part of Item 3.G. A. Approval of the Verified Claims List B. Cathcart Park Swing Set Replacement C. Freeman Park Replacement / Addition of Playground Equipment for the South Playground D. Adopting RESOLUTION NO. 11 -024 "A Resolution Accepting Bid and Awarding Contract for the 2011 Bituminous Seal Coating of Streets, City Project No. 11 -071' E. Adopting RESOLUTION NO. I1 -025 "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for 2011 Mill and Overlay City Project 11 -08." F. Adopting RESOLUTION NO. 11 -026 "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Murray Hill Road Storm Sewer Improvements." G. Adopting RESOLUTION NO. 11 -028 "A Resolution Accepting Bid and Awarding Contract for the 2011 . Bituminous Mill, Overlays and Appurtenant Work for Vine Hill Road, City Project No. 11 -02." H. Approving ORDINANCE NO. 476 "An Ordinance Enacting and Adopting the 2011 S -6 Supplement to the Code of Ordinances for the City of Shorewood Minnesota ", and Adopting RESOLUTION NO. 11 -027 "A Resolution Approving Publication of Ordinance No. 476 by Title and Summary ". I. Appointment of Temporary Seasonal Employee for Public Works Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Terrance Haines, Eagle Scout project and Request Mayor Lizde stated Terrence Haines, an Eagle Scout candidate, is present this evening. She explained that Mr. Haines has proposed a project to improve the property near the Southshore Community Center CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 3 of 14 (SSCC). Council discussed the proposed project during its May 9, 2011, meeting and asked Mr. Haines to come back this evening. Mr. Haines asked Council if it had made a decision about the City donating money to help fund the proposed project. He explained part of his project entails cleaning up a walking path. He has someone who will grind dead wood from the proposed project area provided the wood is brought up to the side of the road near the area. A large, dead red oak tree has fallen across part of the path and he asked if the City wants to remove it from the path. He also asked if the City wants him to cut the buckthorn in that area and have it ground up, or will someone in the City's Public Works Department remove it. He noted Deephaven City Administrator Dana Young and SSCC Manager Kristi Anderson have asked to be provided with a letter from the Council stating the City has authorized him to do his project. He explained he has spoken with the individual who will help build new stairs to go down the hill. There is a piece that juts off of the side of the bridge as one goes down the hill and that individual recommends taking that piece off so the new railings will be flush with the bridge. Mayor Lizde stated the project Mr. Haines is proposing is very ambitious. She explained that she met with Mr. Haines and his parents last week and they walked around the project area. She noted Council spoke about helping fund the project during its May 9 meeting. She explained that she has not beard back from the Southshore Senior Partners, the Shorewood Parks Foundation and maybe the Rotary about whether or not they will help fund the project. She asked Council if it supports helping fund the project. Councilmember Zerby stated he also thought the project is very ambitious, and it's larger than other Eagle Scout projects this City has approved. He hopes some, and hopefully all, of the various parts of the project come to fruition. He then stated he is pleased that Mr. Haines has put so much thought into it. He expressed his support for the City matching other donations for the project. Mayor Lizde commented she was pleased that Mr. Haines has heard from the City of Deephaven, noting it takes interest in the SSCC. Councilmember Siakel asked if the Park Commission has had the opportunity to discuss the project and provide input about a project plan. She suggested the project be broken into phases because it is so large. Councilmember Hotvet, who was the Council Liaison at the last Park Commission meeting, stated she shared information about the project during that meeting and SSCC Contract Manager Anderson also shared information about it. She supported the suggestion to break the project into phases. She asked who will maintain the area after the project has been completed. Park Commissioner Robb stated the Park Commission was open to hearing more about the project. Councilmember Woodruff stated he would like to have the Park Commission's buy in for the project. He suggested someone on the staff decide how to handle the dead oak tree and the buckthorn. He reiterated a concern he brought up during Council's May 9` meeting which is to have someone on the City's staff review the plans for each of the improvements. He stated he agreed with CouncilmemberZerby's recommendation to fund one half of the project. In response to a question from Director Brown, Mr. Haines stated he hopes to have the project completed by the end of summer. He noted he has to have it done by the time he turns eighteen years of age which is in February 2012. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 4 of 14 Mayor Liz& recommended the funding request be placed on Council's June 27` meeting agenda for discussion. Information about other funding contributions should be known by then. Administrator Heck reviewed what Mr. Haines needs from the City. One is a letter from the City to the Cities of Deepbaven and Excelsior stating the City approves Mr. Haines' project. He will meet with Director Brown to discuss how the dead red oak tree should be handled. The City needs to decide how it wants the buckthorn issue to be addressed. Mr. Haines' mother stated there is some other dead tree wood that has to be addressed. Mayor Liz& suggested meeting with Public Works personnel to talk about the dead wood that needs to be removed. Mr. Haines stated he would also like an answer about removing the piece that juts off of the side of the bridge so the new railings will be flush with the bridge. Director Brown clarified the railing issue is a building code issue; therefore, City staff can work with Mr. Haines on the plans. Brown stated people are not allowed to chip buckthorn because that leads to the spreading of it, noting pulling it or killing it with some type of treatment is acceptable. Councilmember Siakel informed Mr. Haines that he is invited to present information about his project plan to the Park Commission during its next meeting. Administrator Heck stated Staff will be in contact with Mr. Haines. In response to a comment from Administrator Heck, Mayor Lizee reiterated that City funding for the project will be discussed during Council's June 27 meeting. Councilmember Woodruff stated that from his perspective the City should contribute funds equal to at least a minimum of the other donations Mr. Haines receives. B. Southshore Community Center 2010 Annual Report Mayor Liz& noted that Southshore Community Center (SSCC) Contract Manager Anderson is present this evening to answer any questions Council may have about the SSCC 2010 annual report. Ms. Anderson stated she and others have gone to great lengths to brand the SSCC as the Community Center. The SSCC is now recognized as the legitimate rental space that it is, and the relationships with businesses, corporations and community residents have been expanding. She then stated she will entertain any questions Council may have with regard to the annual report. Councilmember Woodruff asked what problems exist for the SSCC. Ms. Anderson responded there aren't too many. Ms. Anderson thanked Council for its generosity in the past, noting the City purchased new chairs for the SSCC large conference room. She stated she continues to receive numerous questions related to the poor signage for the SSCC, noting that Council will discuss a digital sign and the location of it later on the agenda. She then stated there is good support staff at the SSCC. Members of the Southshore Senior Partners and City staff volunteers provide great support. Councilmember Woodruff stated the progress made toward making the SSCC financially self sufficient has been good, while commenting that has not been achieved yet. He expressed his optimism that the SSCC's operations will at some point reach close to a break even state. He noted that the annual report indicates that it's anticipated there will be an $8,000 subsidy required in 2011 to operate the SSCC not including the value of the City's staff s time. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 5 of 14 Councilmember Zerby stated he thought Ms. Anderson has done a great job managing and marketing the SSCC and he thanked her for her efforts. He commented that he was there a few weeks ago and each room was booked with a different organization during evening hours. He stated the SSCC is a jewel for the entire community. Councihnember Hotvet stated she participates in some of the programs held at the SSCC. She asked what types of things can be done to increase participation from the other SSCC member cities' residents. Ms. Anderson explained that the statistics included in the annual report regarding participation by member cities do not include participation for rental business or classes. She stated the SSCC member cities are provided with a copy of the SSCC information published in Shorewood's newsletter. She inserts a copy of that information in the City of Tonka Bay's newsletter. The Cities of Deephaven, Excelsior and Greenwood don't publish a newsletter so she sends a copy of the inserts electronically to those cities. A concerted effort is made to try and keep the community calendar published in the local newspapers updated. 7. PARKS Commissioner Robb reported on matters considered and actions taken at the May 10, 2011, Park Commission meeting (as detailed in the minutes of that meeting). The discussion also included a recap of the Commission's tours of the parks. Mayor Liz& stated the monument bases for the new entry signs in the City's parks have been installed and she thought they look nice. Park Coordinator Anderson indicated the installation of the signs should be completed in June. Mayor Liz6e stated there is a path that goes around Freeman Park. There has been discussion about eradicating the copious amounts of buckthorn there. She questioned if there are grant opportunities with the Minnehaha Creek Watershed District that the City could apply for to improve the wetland near that park and to look at parking lots and drainage near the park. She noted the Park is actively and passively used by different groups. Park Commissioner Robb stated the Park Commission talked about those issues and potentially applying for a grant. 8. PLANNING Commissioner Davis reported on matters considered and actions taken at the May 17, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). She noted that a short survey regarding feeding of deer will be included in the with the June utility bill mailing . A. Shorewood Ponds Conditional Use Permit Amendment Director Nielsen stated the City received an application from the Shorewood Ponds Association (the Association) requesting an amendment to the conditional use permit (C.U.P.) for the Shorewood Ponds planned unit development (P.U.D.) project that would allow for an amendment to the Association's declaration of covenants to lower its age restriction for occupancy to 55 from 65 years of age. The Planning Commission held a public hearing on this request during its May 17, 2011, meeting and recommended approval of the request. He noted that the Commission made it very clear that its recommendation was based on making the C.U.P. consistent with the change in the Federal Fair housing Act (FFHA). The recommendation was not based on changing market conditions for home sales. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 6 of 14 Nielsen explained when the City's Code for elderly housing was originally written and when the P.U.D. project was approved, the FRIA stated a project could be considered a senior housing project if the age restriction was 62 years of age or older. The age restriction could be lowered to 55 years of age provided the housing had significant facilities and services exclusive to the elderly. The language in the FFHA talks about demonstrating a clear intent to limit the age to 55 or older. He then stated Shorewood Ponds P.U.D. is subject to a Declaration of Shorewood Ponds Association, Inc., to which the City is a signatory, which says no one younger than 62 years of age can live there. Nielsen then explained that during the public hearing two residents in Shorewood Ponds development objected to the change. He noted the Planning Commission took their comments into consideration. He explained the Commission voted to recommend approval of the amendment to the C.U.P. subject to the Association getting the requisite number of votes (67 percent) of the Association's membership to change the covenants. The resolution included in the meeting packet is written to that effect. Nielsen went on to explain that earlier in the day the City received a letter from an attorney representing some residents of Shorewood Ponds stating the application process is premature because the Association hasn't satisfied its 67 percent approval requirement needed to amend the C.U.P. The Association has a petition that it sent out to its membership and until very recently it was comfortable that it had the requisite number of votes to approve the amendment. The attorney commissioned by the Association clarified an amendment has to go through an official ballot process based on the Association's rules. The Association's attorney has indicated the application indicates a ballot was being sent out to the membership today. The Association has 30 days to obtain the requisite number of votes. Nielsen stated that being the Association can't amend the covenants until the 30 -day period is up and the requisite number of votes satisfied Staff recommends continuing this item to either the June 13`' or June 27 Council meeting. Mayor Lizee suggested continue this item to the June 27 meeting, noting that the 30 -day time period will be up by then. Attorney Keane recommended continuing this to a date by which the Association's membership will have had an opportunity to vote on the proposed change. Keane asked if the 60 -day requirement will have been exceeded if this is continued. Director Nielsen explained Staff will send out a letter informing the Association's membership that the 60 -day requirement will be exceeded and the consideration period will be extended. Councilmember Siakel asked why this is occurring at the last minutes. She stated she thought the residents of Shorewood Ponds had done their homework. Director Nielsen stated the Association only commissioned an attorney to review its process to date last week. The Association thought a petition signed by 67 percent of the residents would be adequate, but the attorney it commissioned clarified an amendment has to go through an official ballot process based on the Association's rules. Mayor Liz& asked if the Shorewood Ponds residents in attendance this evening wanted to comment on this. Lvnn Baier, 6035 Pond View Drive stated she and her husband Lary ask that the Association's bylaws, articles, covenants and express warranty be respected. She explained that they attended the May 17, 2011, Planning Commission meeting when the public hearing on this request was held and during that meeting they explained that from their vantage point a membership vote had not been taken to lower the age restriction and therefore the application process was premature. She stated it's her understanding that the CITY OF SHORE.WOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 7 of 14 attorney representing the Association has indicated it does not make any difference that a vote to lower the age had not been taken. She noted she and her husband think it does matter. She stated the attorney representing them has submitted their position that no action be taken because there is no legal authority to make the request. She commented that she teaches mathematics. She also teaches children that to get what they want the first thing they must do is decide what it is they want, and then they must follow the rules to go about getting that. She stated from her vantage point this process has been an embarrassment. She doesn't understand how a person(s) can demand to get what they want yet believe they don't have to follow the rules. She thanked Council for having given her the opportunity to address Council. Jerome Smith 2 5630 Park Lane and the current Treasurer for the Shorewood Ponds Association stated the discussion about possibly lowering the age restriction started during the Association's annual meeting held in October 2010. He explained that during that meeting a vote was taken in support of continuing to research that, noting that the Baiers were not present at that meeting. On March 25, 2011, the Association sent out a consensus form asking its membership to express their support for or against moving forward with the application to lower the age restriction. Ninety -one percent of the respondents responded they were in favor of lowering the age restriction. The Association moved forward under the assumption that was sufficient approval to move forward with submitting an application. The Association only recently found out that it has to go through a formal ballot process to make the change legal. He noted that 5 — 6 people are delivering the ballots to the membership today and tomorrow. The Association expects to have the ballots returned sometime next week. Mr. Smith stated Shorewood Ponds needs new growth. He expressed he thought the Association is good and everything identified in the covenants has been honored. He stated he thought the residents are proud of the Shorewood Ponds community and the property looks good. He commented the residents like being surrounded by Freeman Park. He conveyed that most of the residents think lowering the age restriction to 55 will not hurt anything and there is no plan to reduce it even further. He stated the Association will be ready by whatever date Council continues this to. Woodruff moved continuing the request to amend the Planned Unit Development Agreement for Shorewood Ponds P.U.D. to lower the age restriction for occupancy to 55. Couneilmember Siakel questioned why this can't be put on the meeting agenda for the June 13, 2011, Council meeting. Mayor Liz& stated the Association may not have all the ballots that will be counted returned by then. Councilmember Zerby asked if waiting until June 27` would negatively impact the Association. Mr. Smith stated June 27` would be fine. Zerby seconded the motion. Motion passed 510. 9. ENGINEERING/PUBLIC WORKS A. Stop Sign Request — Glencoe Road Engineer Landini explained the City received a request for a stop sign at the intersection of Yellowstone Trail and Glencoe Road. There is already a stop sign on Glencoe Road, the north/south portion of the intersection. Yellowstone Trail, the east /west portion of the intersection, is a through street. Staff has collected traffic data using traffic counters for that intersection. The counters indicate an average of 800 trips per day on Yellowstone Trail and 150 trips per day on Glencoe Road. Other requirements for the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) include sight distances / sight lines. The meeting packet contains copies of photographs taken to display some of the site angles at the intersection. They were taken from the approximate position a driver would be located at when stopped at CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 8 of 14 the intersection. There is some vegetation on one corner that could be trimmed back to improve visibility. According to the Minnesota Crash Mapping analysis tool there were two incidents in the area in 2007 with both being documented as vehicles leaving the road; they were not at the intersection. Landim stated based on the information analyzed Staff does not recommend installing stop signs on Yellowstone Trail. Councilmember Woodruff stated when residents conveyed their concerns to him about the intersection it was explained to be a site line issue. He expressed his appreciation for the research Engineer Landini did on this matter. He suggested the comer near the intersection that has heavy vegetation be trimmed somewhat if possible. Councilmember Siakel asked where the request came from. She also asked what problem is trying to be solved with signs. She questioned if the problem was speeding. She explained that she drove the intersection in multiple directions and she couldn't find a problem there. Councilmember Woodruff responded a resident living along side of Glencoe Road asked him if it was possible to have stop signs installed on Yellowstone Trail because the cars corning down the street couldn't be seen until they were quite close to the intersection. Thee was a danger a driver would pull out into the intersection on Glencoe Road into the path of an oncoming car. It was perceived to be a site line issue. It was not a speeding issue for that resident. Woodruff moved, Siakel seconded, directing Staff to deny the request for stop signs on Yellowstone Trail where it intersects with Glencoe Road and asking Staff to research if the heavier vegetation on one corner of the intersection can be trimmed back and if so then do it. Motion passed 5/0. 10. GENERAL/NEW BUSINESS None. 11. OLD BUSINESS A. City of Shorewood Entry Signs Mayor Liz&e stated the meeting packet contains copies of mockups for four different City entry identification signs. The wording is as follows. Sign 1: Shorewood POP. 7477 (split on 2 lines). Sign 2: Shorewood POP. 7477 ...a South Lake community (split on 3 lines). Sign 3: Shorewood Home of 7477 souls ...a South Lake community (split on 3 lines). Sign 4: Welcome to Shorewood POP. 7477 ...a South Lake community (split on 4 lines). Councilmember Ilotvet expressed her preference for Sign 2 subject to the word community being capitalized. Councilmember Zerby asked if there is a different cost for the signs to which Director Brown responded he did not think there would be a significant difference in cost. Director Nielsen stated the Minnesota Manual on Uniform Traffic Control Devices suggests having the population from the most recent census on the signs. Councilmember Zerby stated he could be okay with Sign 2 but his preference is Sign 1 which is simpler CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 9 of 14 Councilmember Woodruff stated he prefers Sign 1. Councilmember Siakel stated she prefers Sign 2. She explained that she had shared the mockups with a few other people and they preferred it also. She then stated having "a South Lake Community" on the sign ties back to strategic planning discussions Council and Staff have had about having more of a community focus. Siakel moved, Hotvet seconded, adopting the Sign 2 layout for the entry identification signs into the City. Motion passed 4/1 with Woodruff dissenting. B. Southshore Community Center Electronic Sign Mayor Lizde stated she asked that this item and Item 1 LC City Hall Signage be placed on this meeting agenda. She explained Council has discussed budgeting for a digital electronic sign for Southshore Community Center (SSCC) in the 2012 budget. She noted fund raising efforts for the acquisition of this sign were kicked off last year during the Oktoberfest event at the SSCC. Some of the SSCC member cities have also made donations toward the purchase of the electronic sign as have other groups. She stated it's important to identify the SSCC and having an electronic sign may make that easier. Lack of clearly visible identity signs for the SSCC has made marketing it more difficult. Council has discussed having helpful directional signs placed along side of County Road 19 and working with the Minnesota Department of Transportation so they can be installed. She thought an electronic sign would be helpful in increasing business at the SSCC. She then stated as long as the City is having monument signs built and installed at the entrances into the City's parks this year she suggested the electronic sign for the SSCC be acquired and installed this year also. Councilmember Zerby stated he liked the idea and thought it would be good to get consistency across the City. He agreed the sign is needed and that he thought the timing is right. Couneilmembers Hotvet and Siakel concurred. Zerby moved, Siakel seconded, directing Staff to solicit a quotes for a digital monument sign and to identify potential funding sources. SSCC Contract Manager Anderson explained that when quotes were obtained for the entry signs to the parks Staff also asked the vendors to provide quotes for the digital sign for the SSCC as well. Councilmember Woodruff stated he likes the idea of the digital sign, but an $8,000 shortfall is already anticipated for the 2011 SSCC operations. The estimated cost for the sign is $21,000 with $12,000 of that anticipated to be funded by the City. That means the shortfall would be increased to $20,000. If Staff could identify how it could cover the additional $12,000 shortfall through savings somewhere else he would support moving forward with acquiring the sign in 2011. He expressed his discomfort with a $12,000 unbudgeted expenditure in 2011 when there is not extra money in the budget. Mayor Lizde stated the motion is asking for Staff to identify funding options for the sign. In response to a question from Councilmember Siakel, Mayor Liz& explained that the City of Excelsior has recently donated $4,000 toward the purchase of the sign. To date, the City of Tonka Bay has not. Administrator Heck stated that to date the member cities of Deephaven, Excelsior and Greenwood have donated a combined amount of $8,200 toward the purchase of the sign. In addition there have been CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 10 of 14 donations and he estimates them to total $1,500 - $2,000 made. Staff will provide Council with the actual donation amounts made to date. Staff will also provide Council with funding options. Councilmember Zerby stated the purchase of the sign is a capital improvement. He does not think it should be funded out of an enterprise fund. It would not add to the $8,000 deficit. Councilmember Woodruff stated the funds have to come from somewhere. He asked if the funds were going to be taken out of the general Building Fund or the Technology Fund. Councilmember Zerby stated that the motion asked Staff to identify options for funding the purchase. Mayor Lizee stated she was confident Staff could identify funding options. She asked Council if there is interest in purchasing the digital monument sign this year at the same time monument signs for the City's parks are being purchased. Councilmember Siakel stated that perhaps the $8,000 deficit would be lessened if people knew how to get to the SSCC. Councilmember Zerby stated there is a difference between capital and operating expenditures, noting that capital expenditures can be depreciated over time. Councilmember Woodruff stated the General Fund has to fund it, noting depreciation for the City is meaningless. He then stated he has to vote no for the motion because he doesn't know what the number is. Councilmember Zerby clarified the motion is to direct Staff to bring information back to Council. Motion passed 5/0. Administrator Heck stated during a February Council meeting Council discussed where the proposed digital sign should be located. He asked Council to provide guidance on where the sign should be located. Councilmember Zerby recommended Staff work with SSCC Contract Manager Anderson and potentially Hennepin County on the location of the sign. C. City Ball Signage Mayor Lizee stated she asked that Council discuss new City Hall signage again. The City is having monument signs built for the entrances into the City's parks and potentially for the Southshore Community Center (SSCC). She noted that the current City Hall signage does not match the look of the City campus; both the City Hall and the landscaping. She asked Council if it would be willing to ask Staff to look into a new monument signage for the City campus. She clarified she wanted the signage to reflect the location of City Hall with arrows pointing to Badger Park and the SSCC. Councilmember Hotvet asked if it would be better to have the signage designate the Shorewood City Campus as oppose to City Hall. It would convey it's more than just City Hall. Mayor Lizee asked if Council wants it to be included in the 2011 work program or the 2012 work program. She stated she was not sure if the cost for the sign would be different if it were to be done in 2012. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 11 of 14 Councilmember Zerby stated based on his personal experience of suffering through three home remodeling projects the results are different when remodeling efforts are spread out over time. He then stated he would prefer the City purchase a new monument sign for the City's campus sooner versus later and from the same vendor that is providing the parks and SSCC signage provided the pricing is right. Councilmember Siakel concurred with Zerby's recommendation. Siakel moved, Woodruff seconded, directing Staff to obtain quotes for signage for the City campus. Councilmember Woodruff stated the signage should have been done as part of the City Hall renovation project and he didn't recollect why it wasn't. Mayor Liz& noted that Woodruff and she were the only two Councilmembers who voted in favor of doing this when the previous council considered it. Motion passed 5/0. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the League of Minnesota Cities (LMC) is looking for people interested in serving on its Board. The LMC `s Policy Committees have began meeting and if any Councilmember is interested in serving on one of the Committees they should go to the LMC's website and sign up for it. The LMC's Annual Conference and Marketplace is scheduled for June 15 — 17, 2011, and it will be held at the Mayo Civic Center, Rochester. He encouraged Councilmembers to register for it. On May 25 "' the City is hosting a webinar on leadership from Noon — 2:30 P.M. There is a regular EFD Board Meeting scheduled for June 1" at 6:00 P.M. Director Brown displayed a photograph which shows Boulder Bridge Pond on the west side and Howards Point Road on the east side. During heavy rains the Pond approaches flood level and it puts a home at risk. He received a call from that home owner earlier in the day because the water is up to his patio area which is right outside the walkout. Staff plans to start pumping the Pond in order to keep the home safe starting tomorrow. The water pumped out will be run down the road to the north cul -de -sac. The pumping should go on for about two weeks and possibly longer if the rain continues. He noted the pumping will be shut down at dusk and started up again at 8:00 A.M. Mayor Lizde stated the water level does look very high. Director Brown stated he checked the Lake Mary (another basin without an outlet) and it's not yet reached flood stage. Councilmember Zerby asked if there had been a natural outlet for Mary Lake. Director Brown responded it had been percolation through the floor of the Pond. Unfortunately over time that seals up and the percolation is reduced. Councilmember Hotvet asked where the water goes. Director Brown responded it ultimately flows out to the wetland along Smithtown Road. Attorney Keane asked if the water was surface water or ground water. Director Brown responded approximately 70 percent of it is surface water. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 12 of 14 Director Brown explained at one point the City looked at permanent alternatives to put in a permanent outlet but the cost to do that was very expensive. Because it has only had to be pumped a few times the last council chose to continue with pumping it rather than put the Stormwater Fund at risk. Director Nielsen stated the Trail Committee met the beginning of the month and it made good progress with prioritizing trail segments on the trail map. The Committee received a status report about the trail overpass over County Road 19. Grant monies won't be available until 2014. Three Rivers Park District doesn't have any money budgeted this year for preliminary design of the overpass. The District will begin meeting with the surrounding communities to start to identify issues with the trail crossing at County Road 19. Preliminary design for the overpass will begin in 2012 and construction is anticipated to start in 2014. 1. Monthly Financial Report A copy of the April 2011 Monthly Budget Report was included in the meeting packet. B. Mayor and City Council Councilmember Siakel stated she attended the full Lake Minnetonka Communications Commission (LMCC) meeting on May 17, 2011, on behalf of Councilmember Zerby. She recommended a couple of action items for Council to consider based on the discussion that took place. Her first recommendation is for Council to consider appointing an official alternate commissioner. That would allow an alternate commissioner to have a vote if the regular commissioner is not able to be in attendance. She noted she was not able to vote at the May 17 "' meeting because she was not an official alternate. Her second recommendation is for Council to schedule a work session to discuss both the potential LMCC's fiber to the premise (FTTP) initiative (called tonkaconnect " and the Carver County Open Fiber Initiative (CCOF>). Siakel explained that during the meeting information was shared about the market survey the LMCC had conducted. The survey asked some residents living in the LMCC community what they would think about the LMCC building and operating a fiber -optic network. She expressed concern about the process being used to make funding decisions about surveys and feasibility studies. She questioned what the ultimate value would be to the residents if the LMCC FTTP initiative comes to fruition. She explained that during the meeting she asked why an expense of $50,000 for a technical survey would be approved before asking the LMCC's sixteen member cities if they supported moving forward with the initiative. Her question was not answered. The lack of it being addressed directly is a concern for her. She stated if revenue bonds will have to be issued to fund a FTTP initiative the member cities would have back them. She thought that worthy of public conversation. If the FTTP initiative did not get implemented the $50,000 for the technical survey could be used to do a lot for local programming. She noted that the minutes for the LMCC Board meetings are not out on its website. She stated that website is being changed. Councilmember Zerby thanked Councilmember Siakel for attending the meeting on his behalf. Zerby stated he shared Siakel's position. He expressed that he thought $50,000 is a lot of money that could be better used to support the LMCC's primary mission which from his perspective is to promote community programming for cable subscribers. He noted cable subscribers pay Public, Educational and Government (PEG) Access fees and that is one source of revenue for the LMCC. He stated he thought those fees should not be used for a broader audience. Councilmember Siakel stated it's her understanding that to date the LMCC has spent over $65,000 on a FTTP initiative. The LMCC had two abbreviated feasibility studies done; one for an approximate cost of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 13 of 14 $15,000 and another for an approximate cost of $30,000. The LMCC also contracted with a company called CCG to conduct a market study for a cost of $30,000. She stated she doesn't recollect having seen the results of the feasibility studies. She suggested there be a community conversation before additional funds are spent. Councilmember Zerby asked if Council wants to appoint an official alternate this evening. Administrator Heck stated it would be more appropriate to put this on the next Council meeting agenda because it was not added to this agenda for action this evening. Administrator Heck stated a work session for the LMCC FTTP initiative and the CCOFI project will be added to the work session schedule. Councilmember Siakel requested that work session be held before the next full LMCC meeting on August 16 "'. Councilmember Woodruff noted he attended the May 17 "' meeting as well to make a presentation on the FTTP project. He stated he supports having a work session to discuss that project and the CCOFI project. He thought the concerns raised by Councilmember Siakel should be discussed. He commented that he thought some of Siakel's financial numbers were not accurate, but that could be discussed during the work session. He stated it's Council's responsibility to decide what its position is regarding the LMCC's FTTP initiative and to convey that position to the LMCC through its voting representatives. He noted that the City has more votes than any other member city because of the number of residents that subscribe to Mediacom. The LMCC has a weighted voting system. He stated from his vantage point the LMCC's activities have been very transparent. He explained articles have been published in the local papers as well as in the Star Tribune. People can get a copy of the first feasibility study from the LMCC. The results of the second activity which culminated in a seminar last fall can be viewed one day a week on television or at will on the LMCC's website. The seminar explains what the LMCC thinks it wants to do. Also, there was a panel discussion and some other information presented about the initiative and that can be viewed on the website. He stated all regular LMCC Commission meetings and Executive Session meetings can be viewed on the LMCC's website. Councilmember Siakel explained she did her research on monies the LMCC has spent on this initiative and it's more than $65,000. She stated the bid for the market study was $30,000 but it did cost less than that. Councilmember Woodruff explained there was $30,000 budgeted in 2011 for activities relative to tonkaconnect ". Of that $20,000 was to be used for the market survey and $10,000 for legal and governance work, noting that hasn't been spent yet. The actual cost for the survey was slightly more than $18,000. Councilmember Zerby asked if minutes have been published for the tonkaeonnect ° i meetings. Councilmember Woodruff responded they have. Zerby stated he can't find them on the LMCC website. Woodruff stated minutes were approved for the last tonkaconnect meeting. Mayor Liz&e stated a year ago she wanted to look at LMCC meeting minutes on the LMCC website but there weren't there. She had to ask the LMCC Executive Director to have them emailed to her. Mayor Lizee stated she attended a South Lake Minnetonka Police Department (SLMPD) Coordinating Committee on May 11, 2011. The Committee decided to transfer almost $30,000 from the SLMPD Debt Service Fund to the Designated Building Fund for capital maintenance of the public safety facility. The surplus is the result of using unspent construction funds to help pay for part of bonded debt payment for the public safety facility earlier this year. She then stated the SLMPD member cities are required by 2006 Supplemental Binding Arbitration Order to adjust the operating budget formula based on a number of factors every five years. The Committee directed the member cities' City Administrators /Manager and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 23, 2011 Page 14 of 14 legal counsel, if so desired, to come back with a proposal for the adjusting funding formula for the Committee's consideration during its June 22 work session. Liz&e then stated there was an article about a Shorewood resident on the front page of the most recent Lakeshore Weekly News. Daniel Carlson was honored as a "Citizen" Hero by the Twin Cities Area Chapter of the American Red Cross. Mr. Carlson devoted his life to ensuring his community is a place where intellectual, physical and spiritual growth can safely transpire. He served 25 years in the law enforcement 'field and was the former Chief of Police for the City of Eden Prairie. He is now an ordained ELCA pastor. He serves as Chaplain for the Minnesota Chiefs of Police Association, the Hennepin County Chiefs of Police and the Minnesota Law Enforcement Memorial Association. He is also the creator of Public Safety Ministries Inc. On behalf of the Council and the residents of Shorewood Liz €e congratulated Mr. Carlson on the Red Cross honor. She thanked Mr. Carlson for serving the community. 13. ADJOURN Zerby moved, Siakel seconded, Adjourning the City Council Regular Meeting of May 23, 2011, at 8:35 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Lizde, Mayor