03-26-12 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 26, 2012
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:00 P.M
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane;
Interim Administrator /Director of Public Works Brown; Finance Director De7ong;
Planning Director Nielsen; and Engineer Landini
Absent: None.
B. Review Agenda
Zerby moved, Siakel seconded, approving the agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, March 12, 2012
Hot moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of March 12,
2012, as presented. Motion passed 5/0.
B. City Council Executive Session Minutes, March 12, 2012
Siakel moved, Zerby seconded, Approving the City Council Executive Session Minutes of March
12, 2012, as presented. Motion passed 510.
3. CONSENT AGENDA
Mayor Liz& reviewed the items on the Consent Agenda.
Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolution Therein.
A. Approval of the Verified Claims List
B. Agreement for Park Commission Recording Secretary Services
C. Adopting RESOLUTION NO. 12 -019 "A Resolution Amending Resolution No. 12-
011.
Couneilmember Woodruff stated lie sent Staff an email regarding a payment to Malkerson Gunn Martin
LLP in the amount of $1,350 with a description of Aquatic Invasive — 5490 Vine Hill Road. He
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March 26, 2012
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questioned the payment being that address is dry land. Director DeJong stated the description was carried
forward from an incorrect template. Woodruff asked if the description could be corrected. DeJong stated
the only way to do that is to void and rewrite the check. Woodruff stated he did not want to hold up the
check.
Woodruff stated he had asked Staff to include the vendor's address in the agreement for Park Commission
meeting recording secretary services. Interim Administrator /Director Brown noted the signature file
includes it.
Motion passed 510.
4. MATTERS FROM THE FLOOR
Mike Cannon 28170 Woodside Road thanked Director Nielsen and other support staff for their
expeditious handling of a change to the driveway agreement he submitted with his request for a
subdivision, combination and variance. That request was approved by Council during its February 27,
2012, meeting. He stated he thought Nielsen represents the City very well. Nielsen does a good job of
explaining the City's rules and ensuring they are adhered to while helping the applicants accomplish their
mission. He noted that it would have been a fairly substantial setback at a great financial cost if the City
had not processed this change so quickly. He again extended his thanks to all those involved.
Councilmember Siakel thanked Mr. Cannon for coming this evening. She noted that it is a nice change to
have residents come and compliment the City and Staff for their efforts. She thanked Director Nielsen for
his effort.
5. PUBLIC HEARING
None.
Discussion moved to Item 7.A on the agenda.
6. REPORTS AND PRESENTA'T`IONS
A. Dick Osgood, Lake Minnetonka Association, Milfoil treatment Report and Request
This was discussed after Item 7.0 on the agenda
Mayor Liz& stated Dick Osgood, Lake Minnetonka Association (LMA) Executive Director, is present to
give a report on the herbicide treatment of Eurasian Watennilfoil (milfoil).
Mr. Osgood noted last week he emailed Staff a lengthy report titled Assessment of the Lake Vegetation
Management Plan Objectives involving five bays in Lake Minnetonka (the Lake). He stated he assumed
Council was provided with a copy of the report. He also noted that lie provided a one -page summary of
that report that was placed at the dais this evening.
Mr. Osgood explained the LMA has been the project manager, along with other partners, for managing
milfoil in five bays in the Lake. Carman, Gray's and Phelps Bays were the original three bays in the
project, In 2011 Gideon and Phelps Bays were added to the treatment project. Much of the monitoring
data for the project is now available for the first four years of the treatment of milfoil.
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March 26, 2012
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Mr. Osgood stated that based on the data the L,MA is declaring the project very successful. It intends to
and desires to continue this project after 2012 (the fifth year of the demonstration project). He explained
for the five bays the project has controlled milfoil in 683 acres of the Lake. That acreage is double what
the Lake Minnetonka Conservation District's (LMCD) harvesting program manages each year. Native
plants and water quality have been projected through the project. The herbicide products used for the
treatment are very safe. The treatment has resulted in substantial public benefit. The Minnesota
Department of Natural Resources (DNR) has taken the Lake Vegetation Plan the project operated under
and formalized it into a short-form. The protocol the DNR is allowing throughout the State is the protocol
used for this project. He reiterated the desire to make this program operational on a long -term basis
because of the benefits derived for Lake residents and others as well.
Mr. Osgood asked the City for its continued financial support for 2013, the first transitional year. He
stated to date the project has been funded with uneven funding from public versus private sources. From
year to year, bay to bay, and city to city. From the LMA's perspective and from the condition of the Lake
it would be beneficial to level out the funding going forward.
Mr. Osgood stated the LMA is asking Council to direct the City's representative on the LMCD Board to
ask the LMCD to prepare a lake -wide invasive plant management plan. The purpose of that plan is so that
the techniques used for the project herbicide treatment and for harvesting and maybe other techniques
could be consolidated into one management plan. It should include a comprehensive funding formula
involving public and private funds.
Mr. Osgood then stated that Tom Kurak, a Bay Captain for Phelps Bay fundraising, is present this
evening to ask for funding from the City for the 2012 treatment program. He noted that the City has
contributed toward the treatment of Phelps Bay each of the last four years and it also contributed toward
the treatment of Gideon Bay last year.
Mr. Kurak thanked the City and Council for its past support. He explained that the milfoil treatment of
Phelps Bay the last four years has been privately funded for a large portion of it. He noted the majority of
home owners in his neighborhood have contributed to the treatments. He assured they will again for this
year's treatment. He stated he appreciates the lack of milfoil very much. Before the treatments milfoil
would wash up to the shoreline. He explained that he and his neighbors along Enchanted Drive would like
the City to contribute $6,000 toward the treatment of Phelps Bay, The City does not have a park or boat
ramp to maintain out on the islands. The property owners and taxpayers would appreciate the contribution
from the City.
Councilmember Siakel stated she fully supports contributing another $6,000 to the treatment of Phelps
Bay. She expressed hope that the Cities of Minnetrista and Mound would also contribute to it being some
of the Phelps Bay lakeshore is located in those two Cities. She stated she agrees with Mr. Osgood that
there is a need for a larger, more comprehensive plan. She expressed her support for communicating to
the City representative to the LMCD Board the feedback Mr. Osgood suggested. She stated for the near
future milfoil mitigation will be a combination of herbicide treatment and harvesting.
Siakel moved, Zerby seconded, authorizing the release of $6,000 for the for the herbicide treatment
of ]Eurasian Watermilfoil in Phelps Bay in 2012.
Councilmember Woodruff stated when Council discussed funding for the herbicide treatment of milfoil in
2011 it is his recollection that he suggested increasing the City's contribution to more than $6,000
because Gideon Bay was added to the treatment area. Council chose not to increase the amount of
funding. He asked Mr. Osgood how the money was allocated between the treatment of Phelps Bay and
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March 26, 2012
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Gideon Bay. He stated he thought it is Council's responsibility and duty to ask the LMA, as the project
manager, for an accounting of how the money was been spent. He asked if Council authorizes a
contribution of $6,000 for the 2012 treatment what, if any, contribution will go to the treatment of Gideon
Bay.
Mr. Osgood explained it was his understanding the City contributed $6,000 to the treatment "project" in
2011. The LMA split that contribution equally between the treatment of Phelps Bay and Grays Bay.
Councilmember Woodruff stated if Council decides to contribute $6,000 to the treatment of Phelps Bay
that is all that is budgeted for milfoil treatment.
Councilmenber Siakel noted the motion is for $6,000 for Phelps Bay.
Mr. Osgood stated the LMA will designate the City's contribution the way Council wants. If the City
doesn't designate how it should be split the LMA's policy has been to split it equally.
Councilmember Woodruff stated although it was not expressly stated in 2011 lie thought it was Council's
understanding that the 2011 contribution would be divided. He then stated he thought it would be totally
unfair to Gideon Bay property owner not to contribute anything toward the treatment of Gideon Bay.
Councilmember Siakel stated she spoke with Interim Administrator Brown to find out how many
households along Gideon Bay are located in Shorewood and how many are located in the City of Tonka
Bay. It's her understanding that 15 of the approximate 100 households are located in Shorewood. She
then stated that to split the City's contribution equally is disproportionate, and she noted she will not
support doing that. She went on to state she would consider discussing an additional contribution for the
15 households in the City along Gideon Bay.
Mr. Osgood reiterated that the LMA's policy is to split a contribution from a city equally among the bays
with shoreline in a particular city. He explained the distribution of funds can be calculated different ways
based on different criteria.
Councilmember Woodruff stated he thought Council should be provided with information showing how
the City's 2011 $6,000 was spent to help treat Phelps Bay and Gideon Bay. He then stated it is his
recollection that some of the bays treated have had positive carryover balances. It would be helpful to
know if there is a positive carryover balance or a deficit for Phelps Bay and Gideon Bay.
Mr. Osgood stated he does not have the financial reconciliation information with him. He noted there is a
positive carryover balance for both Phelps Bay and Gideon Bay. Those balances will be applied to the
treatment of those Bays this year.
Councilmember Woodruff stated he has trouble voting in favor of the motion on the table until he
understands what the LMA's financial position is on this. Therefore, he will vote against the motion on
the table.
Councilmember Siakel stated the amount of the City's contribution to the first three years of treatment of
Phelps Bay was fairly consistent from year to year. That changed in 2011. Gideon Bay was added to the
list of bays to be treated and the LMA split the City's $6000 contribution evenly between the two bays.
She then stated Phelps Bay was one of the three original bays that were part of the demonstration
treatment project. The then Council chose to contribute to the treatment of Phelps Bay and she thought the
City should follow through for the last year of the five -year project. She noted her motion stands.
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Councilmember Woodruff reiterated that in 2011 he recommended increasing the contribution to the
project to more than $6,000 so that $6,000 could continue to go toward the treatment of Phelps Bay and
some could be contributed to the treatment of Gideon Bay, If nothing is contributed to the treatment of
Gideon Bay in 2012 that financial responsibility will fall on the shoulders of the residents.
Councilmember Siakel noted she is willing to entertain a request from the Bay Captain(s) for Gideon Bay.
Councilmember Hotvet asked how much the City of Tonka Bay contributed to the treatment of Gideon
Bay in 2011. Mr. Osgood responded $5,000 and it will contribute the same amount this year.
Councilmember Siakel asked what it cost to treat Gideon Bay. She questioned if the City's contribution
should be just 15 percent of that cost. She clarified she was not opposed to contributing to the treatment
of Gideon Bay, but she does want the amount to be proportional.
Councilmember Hotvet stated she would like to address the Shorewood residents along Gideon Bay as
well.
Councilmember Siakel asked Councilmember Hotvet if she was making a friendly amendment to the
motion on the table to contribute $1,000 toward the treatment of Gideon Bay as well.
Councilmember Woodruff recommended amending the motion as Councilmember Siakel suggested.
Without objection from the maker or seconded, the motion was amended to also authorize the
release of $1,000 for the herbicide treatment of Eurasian Watermilfoil in Gideon Bay in 2012.
Councilmember Zerby suggested Council discuss a funding policy for AIS management during a future
work session. He noted lie thought the City should support funding. It is similar to removing buckthorn
from Freeman Park.
Councilmember Hotvet noted there has been great response from residents who property fronting bays
that have been treated.
Mayor Lizee stated the demonstration treatment project has been very unifying for the residents out on the
islands and fronting Gideon Bay. The project has been successful the first four years of the five -year
project. She noted that the approximately 20 percent of the shoreline of Gideon Bay is located in the City;
it includes the marina. She stated funding can be worked into the 2013 budget.
Mr. Osgood stated that he would have designed things differently five years ago at the start of the project.
He then stated he thought it is time to look at AIS management and mitigation more comprehensively.
Motion passed 5/0.
Councilmember Woodruff again requested that the LMA, as the project manager, provide an accounting
of how the money was been spent and what the balances are.
Mayor Lizee thanked Mr. Osgood and Mr. Kurak for coining this evening
Discussion moved to Item &A on the agenda.
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PARKS
A. Report on the March 12, 21012, Park Commission Meeting
Commissioner Gordon reported on matters considered and actions taken at the March 13, 2012, Park
Commission meeting (as detailed in the minutes of that meeting).
B. Agreement with Great River Greening for Buckthorn Removal in Freeman Park
Engineer Landini stated the City was notified by Great River Greening (GRG) that it has been awarded a
grant for restoration work in Freeman Park. Council authorized Staff to submit the grant application
during its January 23, 2012, Council meeting. The grant is to partially fund the removal of buckthorn in
two areas in the Park. One area is near the Park shelter and the other area is near the pond. The removal
effort is to occur over a two -year period. GRG will coordinate the removal event which will include
public involvement. He stated it is his recollection that Councilmember Hotvet has lined up volunteers
from South Tonka Little League (STLL) to help with the effort, and that she is trying to find other
volunteers as well. He noted the meeting packet contains a copy an agreement between the City and GRG
to move forward with the effort.
Councilmember Hotvet stated the STLL has agreed to find volunteers. She asked Engineer Landini if
STLL should contact him or Recreation Coordinator Twila Grout. Landim stated Ms. Grout.
Councilmember Woodruff stated when Council discussed the grant application during its January 23`
meeting he did not think Council provided clear direction on how to fund the City's portion of the cost
($11,500) of this project. He noted this is not budgeted for.
Director DeJong stated the funding would come from the Parks Capital Improvement Program (CIP).
Councilmember Woodruff stated he could support doing that. Woodruff asked Staff to include a line item
for this project in the Parks CIP.
Councilmember Zerby stated the project is a two -year project and he asked if the payments would be split
over the two years. Engineer Landim stated the majority of the work will be done this year.
Woodruff moved, Siakel seconded, directing Staff to move forward with the agreement between the
City of Shorewood and Great River Greening for the removal of buckthorn in Freeman Park.
Councilmember Siakel thanked Engineer Landini for moving this forward so quickly and for the nice job
he did in doing so.
Motion passed 5/0.
C. Request for Financial Support for the Southshore Community Center Country Hoe -
Down Event in Badger Park on June 1, 2012
Mayor Liz& stated the meeting contains a copy of a memorandum from Staff about a request for
financial support for a Southshore Community Center (SSCC) country hoe -down event that will be held
in Badger Park on June 1, 2012. She asked Council if it had any questions.
Councilmember Hotvet stated she likes the idea. She noted the results of resident survey conducted in
2011 indicated there is less than desirable knowledge of the SSCC. She stated she would like to know
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March 26, 2012
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what kind of support the SSCC Program Director needs with regard to communications and marketing of
the event. She asked if there is going to be an outreach to the schools being it will be held when school is
still in session. Also, if there is going to be an outreach to churches, daycare centers and so forth. She
stated she thought it is a great introduction to Badger Park and the SSCC.
Mayor Liz& noted the SSCC Program Director is planning to provide Council with quarterly updates
about the SSCC.
Hotvet moved, Siakel seconded, approving the donation of $1,100 from the Park and Recreation
summer program budget for the country hoe -down event scheduled to be held in Badger Park on
June 1, 2012, and directing the Southshore Community Center Program Director to pursue
alternate funding from the Parks Foundation and the City of Excelsior. Motion passed 5/0.
Discussion returned to Item 6.A on the agenda.
8. PLANNING
A. Report on the March 20, 2012, Planning Commission Meeting
Director Nielsen reported on maters considered and actions taken at the March 20, 2012, Planning
Commission meeting (as detailed in the minutes of that meeting).
Director Nielsen stated the Planning Commission would like to have another joint meeting with Council
to talk about the third draft of the Smithtown Crossing Study Report before it puts it out on the City's
website for comment and holds another public hearing on it. The Commission suggested having the
discussion during a work session preceding Council's second regular meeting in May. Engineer Landini
stated that tentatively there is a discussion about City water scheduled for that work session.
There was Council consensus to have a joint work session with the Planning Commission preceding
Council's regular meeting on June 11, 2012.
9. ENGINEERING /PUBLIC WORKS
A. Request for Proposals for Water Plan Engineering Services
Engineer Landini stated that during its February 27, 2012, work session Council directed Staff to put out a
request for proposals (RFP) for water plan engineering services to do a peer review of the existing draft
20 -Year Water Plan. The meeting packet contains a copy of a draft RFP. He asked Council if they would
like to have any changes made to the RFP. He noted the RFPs would be opened on April 16 "i, Council
will award the project on April 23` and the Council will tentatively discuss the results of the review
during its May 29, 2012, work session.
Councilmember Hotvet stated the way the RFP is written it appears to be a great place to start. She then
stated she appreciated the timeline identified in the RFP.
Councilmember Zerby stated the RFP covers what he was looking for and that he likes the schedule.
Councilmember Siakel stated she thinks the Water Plan is a complicated issue, and that this is timely and
it makes sense. She then stated Engineer Landini did a nice job in preparing the RFP.
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March 26, 2012
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Siakel moved, Hotvet seconded, directing Staff to send out the request for proposal to review and
provide recommendations on the draft 20 -Year Water Plan. Motion passed 5/0.
10. GENERAL/NEW BUSINESS
A. Summary of Conclusions Regarding the City Administrator's Performance
Evaluation
Mayor Lizee explained that during its March 12, 2012, Executive Session Council accepted the
resignation of City Administrator Brian Heck and authorized negotiations of a separation agreement. She
stated this evening she would like Council to consider a motion to accept that resignation and approve the
separation agreement.
Attorney Keane distributed to Council a copy of the agreement which Mr. Heck has signed.
Mayor Lizee asked if there is such a motion.
Hotvet moved, Siakel second, approving the separation agreement between the City of Shorewood
and Brian Heck as presented.
Attorney Keane recommended the motion be amended to accept the resignation of Brian Heck as City
Administrator.
Without objection of the seconder, the maker amended the motion to also include accepting the
resignation of Brian Heck as the City Administrator. Motion passed 5/0.
Mayor Lizee thanked the Councilmembers for all of the extra effort and additional meetings that went
into the City Administrator's review process.
Mayor Lizee expressed concern that the discussions that took place in a legally convened Executive
Session on March 5, 2012, were breached in an anonymous blog on the Internet, the Shorewood Insider,
on March 7, 2012. This comment was made only in the context of the Executive Session. She noted that
she considered this a breach of trust, a breach of attorney client privilege, and total breach of
confidentiality.
Lizee stated she did not breach this trust nor did she post the comment on the Internet. She noted she
spoke with City Attorney Keane and was assured that he did not breach the Executive Session with that
Internet posting. She stated there were six people present at that Executive Session; the Council and
Attorney Keane. This means that one of our elected officials chose to violate this trust.
Lizee then stated she found it deeply troubling as she read this statement on the Shorewood Insider,
knowing that a Councilmember unilaterally dismissed the sanctity of the Executive Session and destroyed
a sacred trust that Council, as elected and sworn officials, have taken under oath and have an obligation to
uphold. She noted Council is elected to work on the taxpayer's behalf and leave politics at the door. She
stated this type of anonymous publication is not about doing the City's business, but about petty politics.
Councilmember Siakel stated she finds this situation somewhat disheartening and quite sad. The
discussion was not about the City's Zoning Code or an activity in a City park. It was about a sensitive
matter concerning an employee. She noted she is appalled by what occurred, and that she finds the whole
situation somewhat unconscionable. She expressed her disappointment.
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March 26, 2012
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Councilmember Hotvet stated when she took the oath of office on behalf of the City after being elected to
the City Council she took everything she said very seriously. She then stared she finds it an honor to sit at
the dais every two weeks during a regular Council meeting. She expressed her sadness that someone
would take issues being discussed at a personal level about a person in the sanctity of an Executive
Session and put it out on the Internet. She stated Councilmembers have to remain professional, and the
action a person took was very unprofessional. She noted she found it very disappointing that an adult
would behave like that.
Councilmember Zerby stated that during his 9.5 years as a Councilmember he has taken the Executive
Session as an opportunity to discuss serious matters, including personnel matters and legal issues. It has
always been very clear that those conversations are not to go outside of the room for both legal and
ethical reasons. He then stated he was shocked that some of the discussion got out. He expressed his
disappointment.
Councilmember Woodruff stated he thinks Executive Sessions are sacrosanct. He noted that he attended
that meeting, and that he reads that blog. He stated it is not clear to him what was stated in the blog that
came out of that meeting. He then stated lie is not sure that the original statement that Mayor Lizee read is
accurate. He went onto state he feels that what happens in an Executive Session remains in an Executive
Session for the benefit of the City and in this case an employee.
Mayor Lizee asked Attorney Keane if the City is put at risk when the confidentiality of an Executive
Session is breached.
Attorney Keane stated the concept of confidentiality of that privilege that is undertaken in an Executive
Session with the City Attorney present is intended to provide full and frank disclosures and discussions
and to provide the opportunity for effective representation. When that privilege is waived by any
disclosure all further communications are potentially discoverable. If it is a particularly sensitive matter,
one that is a valuation of legalities and risk that may result in litigation or challenges that privilege of
confidentiality is waived with any disclosure of communications. It is important as a valuable asset on
those few occasions when it is invoked. The City conducts its business in public. But, there are a couple
of exceptions under State Statute that provide for those types of communications. The extent to which
there are disclosures can create risks to the City.
B. Appoint Interim City Administrator
Mayor Lizee stated the meeting packet contains a copy of a resolution appointing Larry Brown as the
Interim City Administrator.
Siakel moved, Hotvet seconded, Adopting RESOLUTION NO. 12 -020 "A Resolution Approving
the Appointment of Larry Brown as the Interim City Administrator /Clerk" and adding him as an
authorized signer to execute transactions for all financial operations of the City.
Councilmember Zerby stated in the past there has been additional compensation given for an interim or
acting administrator. He asked Council if it would like to discuss that. He expressed his confidence that
these additional responsibilities will add to Larry Brown's already heavy workload. He noted the last time
Brown served as the Acting City Administrator he received an additional $2000 in compensation
monthly. He commented that it was be prorated for partial mouths.
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March 26, 2012
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Councilmember Siakel asked if the discussion about additional compensation could be continued to the
next Council meeting. She stated she supports doing that but she has not given much thought to the
amount.
There was Council consensus to continue the discussion about additional compensation to the next
Council meeting.
Motion passed 5/0.
Interim City Administrator Brown thanked Council for its vote of confidence. He stated Staff will do
everything it can to make the transition as smooth as possible.
C. Urban Farm Animal Permit Fee
Director Nielsen explained that during its March 12, 2012, meeting Council approved Ordinance No. 493
relating to Farm and Other Animals. He noted a permit fee needs to be established for this permit. The
meeting packet contains a copy of an ordinance establishing the permit fee that would go into the City
Code.
Councilmember Hotvet stated she served as the Council Liaison when some of the extensive discussions
about the new Ordinance occurred. She asked if it is normal to have such a fee as a one -time fee, or
should it be a renewing fee, for example, like a dog license fee. Director Nielsen explained it is not
consistent with some of the other City Ordinances. For example, the Horse Stable Ordinance is an annual
permit. Ordinance No. 493 doesn't say anything about the term of the permit. The permit is good until the
permit holder violates the conditions of the permit or they discontinue using it. He noted no one
questioned whether or not the permit should be a one -time permit or a renewable permit. He explained
Staff discussed having it a one -time permit and have the City act on complaints about violations.
Councilmember Hotvet stated from her vantage point it would be nice to have a renewal and to be
consistent with other Ordinances. Director Nielsen stated Staff can prepare an amendment to the
Ordinance to that affect. Nielsen explained that what makes this different is that as part of this permitting
process the applicant has to obtain neighborhood approval. He asked if the applicant would have to obtain
approval every time they would renew their permit. He stated the Ordinance could be amended such that
renewal applications would not require neighborhood approval. Hotvet stated maybe the renewal approval
requirement could be driven on a complaint basis.
Councilmember Siakel stated she can support having a one -tune permit application fee.
Councilmember Z,erby stated he thought the way it is proposed is okay to start with. He then stated he
appreciates all of the time and effort Staff and the Planning Commission have spent on this. He asked if
there is any liability to the City if it issues a permit for farm and other animals. Would be City be
responsible if there is a problem with how the animals are fed and kept?
Attorney Keane explained the Ordinance provides standards and criteria. If it is a nuisance condition the
City's Nuisance Ordinance would be invoked. The actual care and management of the operation is up to
the property owner that is keeping the animals. There are provisions in State health codes that govern
animal care.
Councilmember Zerby stated if a neighbor has unreasonable concerns is there anything the applicant can
do. Director Nielsen explained that 75 percent of the surrounding property owners have to approve it.
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March 26, 2012
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Nielsen then stated it is the only Ordinance where the applicant has to obtain approval from their
neighbors. He noted that the gentleman the Planning Commission had come in to speak about urban
farming advocated doing that.
Woodruff moved, Siakel seconded, Approving ORDINANCE NO. 494 "An Ordinance Amending
Section 1301.02 of the Shorewood City Code Relating to the Establishment of Fees and Charges for
Farm and Other Animals." Motion passed 5/0.
D. Discussion Regarding Proposed Upgrade to Xcel Energy Utility Lines
Interim Administrator /Director Brown explained the City received a notice from Xcel Energy for what is
known as "Certificate of Need proceedings to upgrade the Southwest Twin Cities (SWTC) Bluff Creek —
Westgate 69 Kilovolt (kV) Transmission Line to 115 kV capacity ". Xcel is upgrading approximately 14
miles of a high voltage transmission line that nuns from near Chaska following a somewhat of a parallel
path to near Highway 41. He highlighted Xcel Energy's preferred path for the line. The transmission line
runs near the Cities of Chanhassen, Deephaven, Eden Prairie,, Excelsior, Greenwood, Minnetonka and
Shorewood. As part of the project two substations will also be upgraded to 115 kV. One substation is
located in the City of Deephaven and the other in the City of Excelsior. The areas of Shorewood that may
be impacted are Highway 7, from State Highway 41 to Oak Street, and along the railroad bed near
Minnetonka Boulevard near Deephaven. Xcel Energy has proposed an alternate route to its preferred
primary route. He highlighted that route also.
Brown stated Noel Energy has filed a relatively lengthy concept plan with the Public Utilities
Commission describing the need and the project in more detail. A copy of the document can be viewed at
the link hitp://wcbl i nk .ei.slnore /weblink8 /0 /doe /158946/ Electronic.Tspx. Xcel energy may
need to obtain rights of way near the area of Highway 7 and Highway 41. Per the document Xcel Energy
hopes to have the transmission line in place in 2014,
Brown noted that because of the size of the transmission ]me Xcel Energy will have to obtain a
conditional use permit from the City per the City's Zoning Code. That provides the City and the City's
residents the opportunity to provide public comments.
Brown displayed examples of what some of the utility poles may look like. He stated at first the poles
may appear to look somewhat intrusive. He noted that along the path there is an existing line that includes
many of the elements already. He also noted that most of the path is not new.
Councilmember Hotvet asked if Xcel Energy has considered burying the lines. Interim
Administrator /Director Brown noted that there are constraints with high voltage transmission lines.
Brown stated Staff will ask that question of Xcel Energy. Hotvet then asked if this upgrade could in any
way overlap with the City's Trail Plan. If so, the City could possibly have some leverage with trail issues.
Brown stated he is not sure but it is worth researching. Brown noted there is a project coining up with
Metropolitan Council with regard to interceptor lines and there may be an opportunity to include trail
expansion projects with that as well.
Councilmember Woodruff asked Staff to provide Council with a City street map showing the proposed
and alternate routes. Interim Administrator/Director Brown stated the location information he provided is
all the detail he has from Xcel Energy.
Mayor Lizee noted that Xcel Energy has meetings planned, and that it has run a large notice in the Star
Tribune Newspaper. She stated she is pleased the City has a conditional use process that has to be
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 26, 2012
Page 12 of 15
followed for this. She stated she is aware that residents have concern about the size of the poles and the
view there will be of them from Lake Minnetonka. She then stated she would like to know if it will be
possible tti have underground utility service with the new transmission line.
Councilmember Zerby stated he would like to see more specific information about the location of the
poles. He expressed his preference for the transmission line to follow the alternate route along Highway 7.
He stated he can't imagine 90 -foot -high poles near the Old Log Theater property and St. Albans Bay
Bridge.
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A. Audio and Video Addition to Council Chambers
Councilmember Zerby stated during its March 12, 2012, meeting Council directed Communications
Coordinator Moore to seek additional quotes for adding a camera to view the audience and an audience
audio microphone (mic) in the Council Chambers. The original quote for those items was $7,520. Ile
explained the camera operators have indicated the audience is a bit of a blind spot for them in the
Chambers.
Zerby explained that he and Communications Coordinator Moore have worked with Alpha. Video (the
provider of the original quote) to secure a new quote for a stationary camera (the first quote was for a
remote controlled camera) and audience mic and a separate quote for the audience mic. Some of the
peripheral equipment was removed from both quotes. The new quote for a fixed camera and mic is
$2,580. He noted he questioned Alpha Video about its labor cost. He was told that approximately one half
of the cost is for the rental of a scissor lift to get to the ceiling to install the mic. He noted he is satisfied
with the new quote and supports moving forward with it. He noted that Moore has expressed concern that
the mic may catch people in the audience off guard because it would be located above the audience
seating area. Moore suggested displaying a sign informing the audience that they are being audio
recorded. He also noted there is a remote switch in the recording room to turn the mic off and on. He
explained the mic will not feed into the speaker system in the Chambers.
Interim Administrator/Director Brown explained that during the March 12` meeting Councilmember
Woodruff asked about additional electrical related costs. Communications Coordinator Moore has
informed him that Alpha Video said there is no need for additional work outside of what has been quoted.
Councilmember Hotvet stated she appreciated Councilmember Zerby's and Communications Coordinator
Moore's work on this. She then stated based on the results from resident survey she did not think there is
a need to spend money on this. Residents have indicated they don't watch the recordings of the meetings
very often. And, Council has done a good job of getting those in the audience who want to talk to go to
the podium. She noted she does not support doing this.
Councilmember Zerby stated the Lake Minnetonka COMMUnications Commission has spent a lot of
money to support mobile devices. Also, agenda parsing has been added. He then stated he thought more
people will watch video meeting recordings this year because it is an election year.
Zerby moved, Woodruff seconded, authorizing the purchase of a fixed camera and audience
microphone to be located in the Council Chambers for an amount not to exceed $2,580, with the
funding to come from out of $10,000 in the Equipment Fund that had been earmarked for
computers and software for Councilmembers for electronic meeting packets.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 26, 2012
Page 13 of 15
Councilmember Woodruff stated he shares Councilmember Hotvet's comments about the relatively low
reported viewing of City Council meetings by residents. He commented that nationally that type of
viewing is growing at a parabolic rate. He stated he has a small reservation about the fixed camera
because if it is similar to those used in convenience stores he does not think it will be very useful. He
noted that the audience microphone is the most important.
Councilmember Z,erby noted the camera selected is a 600 line resolution camera which is the same
resolution as the current cameras.
Motion passed 4/1 with Hot dissenting.
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Interim Administrator/Director Brown stated he has been working with residents along Cathcart Drive
and Country Club Road about their concerns about speeding on those roadways. He contacted South Lake
Minnetonka Police Department (SLMPD) Community Service Supervisor Dave Holnertz about placing
the speed awareness display along those two roadways to collect speed and volume data. The speed
awareness display was placed along Cathcart Drive from March 14 " to March 19 "'. He explained Staff
will be analyzing the data this week and it will send the initial findings to Council and interested parties
later in the week. The display was placed along Country Club Road today. He noted that one of the
concerned parties has expressed concern about the study and that communication has been forwarded to
Council.
Councilmember Siakel thanked Interim Administrator /Director Brown for coordinating this effort. She
stated from her vantage point Highway 7 is a major contributor to the problem of speeding on those two
roadways. She then stated if you are a resident of the City and you go down Eureka Road or Strawberry
Lane to turn left on to Highway 7 you are almost taking your Life into your own hands. She indicated that
a lot of drivers take the back route because there is a stop light to make it easier to get on to Highway 7.
She asked what the master plan is for Highway 7 being it contributes a lot to this and other traffic issues.
Director Nielsen explained the City has participated in two different corridor studies related to Highway
7. As a result of them the City closed off some direct access points to Highway 7. Doing that did push
traffic to controlled intersections and that was the Minnesota Department of Transportation's (MnDOT)
intent. MnDOT's concern is safety on Highway 7 and keeping the traffic moving with the understanding
that local traffic should stay on local roadways. After each of the studies MnDOT has told the City that
there would not be additional stoplights placed on Highway 7. The City conducted a traffic study on
Eureka Road and it was not close to meeting the warrants for a stop light at the entrance on to Highway 7.
Some streets are just going to be busier. Traveling from Country Road 19 down Country Club Road on to
Yellowstone Trail and then on to Lake Linden Drive to eventually go south on Highway 41 has been a
historic route for traffic for a long time.
Councilmember Siakel asked what the "no thru traffic" sign near the intersection of Country Club Road
and Smithtown Road means. Director Nielsen stated that is an illegal sign. It is not an authorized sign per
the Uniform Manual of Traffic Control Devices and it should be taken down. Siakel stated if it is not
enforceable it should be taken down. Nielsen stated that sign is not enforceable in any manner yet people
rely on it in some way.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 26, 2012
Page 14 of 15
Director Nielsen stated he and Councilmember Zerby attended an aquatic invasive species (AIS) two -day
symposium put on by the Minnehaha Creek Watershed District (MCWD). The AIS working group was
well represented at the symposium. He noted that Attorney Keane and Mike Welch, the attorney for the
MCWD, were presenters. He also noted that United States Senator Amy Klobuchar also was present and
agreed to commit to working on the AIS issue. He stated the MCWD's Splash Newsletter has a recap of
the symposium. He indicated he would forward it to Council.
Councilmember Zerby stated he found the symposium to be educational. He explained that day one
focused on AIS plants and day two on AIS animals. He stated he thought the cross -group discussion was
very good. He noted that a number of State legislatures attended the symposium.
Director Nielsen stated when the attendees heard about the environmental problems caused by AIS the
first reaction was to think it is overwhelming. But after a while, the conversations created a lot of positive
energy.
Mayor Lizke stated the symposium was well covered on the news. She heard that hundreds of people
attended it. She noted that in the United States there are eight AIS scientists and five of them attended the
symposium. She indicated this is an opportunity for Minnesota to be on the forefront of this issue. She
noted that anyone can sign up to receive the Splash Newsletter. She thanked Councilmember Zerby and
Director Nielsen for attending the symposium.
Director DeJong stated the Finance Department continues to prepare for the 2011 financial audit which
will start on April 16 "'. It is also working on utility billing. He noted he will be on vacation beginning
later this week for over a week. He stated that he and Interim Administrator /Director Brown have talked
about designing a project dash board on the Staff's projects. They will bring that to Staff for review and
then Council in the next month or so.
B. Mayor and City Council
Councilmember Hotvet stated she attended the Legislative Conference in St. Paul the previous week. She
noted that approximately 500 people attended the conference and they were from city governments,
school districts and comities. She came away from the conference with an appreciation that this is a very
exciting yet challenging time to live in Minnesota. Things are changing very quickly and in many ways;
demographics, economics, education, cultural makeup and so forth. She thought it is challenging for
elected officials at the local to state level as well as residents. She thought it prudent for everyone to
embrace the challenges and accept the changes that are ahead of them.
Councilmember Woodruff stated he will attend the Metro Cities spring meeting on April 26 ' He then
stated if there is anything that Council should weigh in on that will be discussed during that meeting he
will ask Council for comment on it prior to the meeting.
Mayor Lizee thanked Recycling Coordinator Julie Moore for organizing a tour on March 23`" of Allied
Waste's recycling facility. She noted that Councilmembers Hotvet, Siakel, and Zerby as well as Interim
Administrator /Director Brown, Moore and she went on the tour. Excelsior City Manager Luger and
Excelsior Councilmember Jennifer Caron and her daughter also went along. She stated she thought Allied
Waste has a very efficient operation. She encouraged Council and Staff to continue to promote recycling.
Hotvet noted that she learned that residents can get a second recycling container for free.
Lizde noted that on March 28`" she will attend the bi- monthly Mayors and School District luncheon and it
will be held at Deephaven City Hall at 11:30 A.M. There is a meeting of the AIS working group that same
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 26, 2012
Page 15 of 15
afternoon at 2:00 P.M. On April 3` there is a retirement party for librarian Jane Stein. Ms. Stein is a
resident of the City and she has worked at the library in the City of Excelsior for a very long time. The
party will be held at the library from 9 — 11:00 A.M. and the public is invited.
Councilmember Zerby stated there is an Excelsior Fire District Board meeting scheduled for 6:00 P.M. on
March 28 "
13. ADJOURN
Zerby moved, Hotvet seconded, Adjourning the City Council Regular Meeting of March 26, 2012,
at 8:39 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
ATTEST:
La Brown, Interim City Administrator /Clerk
Christine Lizee, Mayor