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102306 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 23, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Planning Director Nielsen; Director of Public Works Brown; and Acting Engineer Gurney Absent: None B. Review Agenda Administrator Dawson requested an Item 9.C.l, Buy-down of Excess Sick Leave Hours, be added to the Agenda for the evening under General/New Business. Lizee moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, October 9, 2006 Lizee moved, Callies seconded, Approving the City Council Executive Session Minutes of October 9,2006, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 9, 2006 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of October 9, 2006, as Amended, in Item 8.A, Page 5, Paragraph 8, Sentence 1, change "during the time period 16 April through 14 October." to "during the time period 16 May through 14 October." Motion passed 5/0. C. City Council Work Session Minutes, October 9, 2006 Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes of October 9,2006, as presented. Motion passed 5/0. D. City Council Executive Session Minutes, October 16,2006 Lizee moved, Wellens seconded, Approving the City Council Executive Session Minutes of October 16,2006, as presented. Motion passed 5/0. 3. CONSENT AGENDA SHORE WOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 2 of 15 Mayor Love reviewed the items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required C. City Clerk's License Approvals - License to Sell Tobacco Products (This item was moved to Item 9.D under General/New Business) D. Adopting RESOLUTION NO. 06-082, "A Resolution Declaring Cost to be Assessed, Ordering Preparation of Proposed Assessment and Calling for Hearing on Proposed Assessment - Watermain Installation as Part of Wedgewood Drive, Mallard Lane and Teal Circle Road Reclamation Project, City Project 02-02." E. Extension of the Recycling Services Contract F. Adopting RESOLUTION NO. 06-083, "A Resolution Accepting Public Improvements in the Plat of the Barrington Planned Unit Development." G. Authorize Expenditure of Funds from the Water Fund for the SE Area Well and Filtration Plant Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Proposed 2006 G.O. Water Revenue Bond Sale Administrator Dawson stated Tom Pfannenstiel, of Northland Securities, would present the results of the 2006 General Obligation Water Revenue Bond sale. He noted Moody's Investors Service kept the City's bond rating at Aa3, and he explained the City's size was what prohibited the City from having an Aa2 rating. Mr. Pfannenstiel stated Northland Securities had received four bids for the City's $1.45 million Water Revenue Bond sale that day. The four bids were very competitive, and the best bid was received from Piper Jaffray. The true interest cost (TIC) on the bid was 4.05%. He noted the City's good credit rating made the bonds quite attractive to investors. He explained the TIC of 4.05% was 25 basis points below the budgeted TIC of 4.31 %. He then stated that Northland Securities recommended the City award the bond sale to Piper Jaffray. Administrator Dawson noted that the difference between the actual TIC of 4.05% and the budgeted TIC of 4.31 % would result in an approximate $40,000 savings in interest over the life of the bonds. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 3 of 15 Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 06-084, "A Resolution Awarding the Sale of $1,450,000 General Obligation Water Revenue Bonds, Series 2006A, to Piper Jaffray; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment." Motion passed 5/0. B. Gideon Glen Update Administrator Dawson stated Eric Evenson, Minnehaha Creek Watershed District (MCWD) Administrator, and Peter McDonagh, a consultant project manager to the MCWD from The Kestrel Group, were in attendance this evening to present an update of the Gideon Glen project. Mr. Evenson thanked the Staff and Council, on behalf of the City, for being partners in the Gideon Glen wetland restoration / water quality demonstration project. He stated the project was initiated in 2000. At that time the City made one of the first land conservation purchases with the financial assistance of the MCWD when it acquired the 5.8-acre Gideon Glen parcel. Although the project started as a land preservation effort, it evolved into a much larger project. The ultimate project addressed some of the City's flooding issues, surface water quality issues, and wetland restoration issues. Mr. McDonagh reviewed a site plan of a black-ash swamp (where black-ash trees generally grow at the bottom of a hill at the point of water seepage), which was one of the restoration target areas. The area contained one of the rarest plant communities in Hennepin County. He explained the rare plant community was salvaged. The excess sediment was eventually excavated and replaced with vegetation that supported that plant community. Mr. McDonagh then reviewed the plant site plan for the area. The plan identified the locations of the wetland plugs and bare-root plantings, which trees were to be saved, and where trees would be added. It also depicted where seeding was to be done at a density of twenty pounds per acre. He also reviewed what activities had been completed to date. In response to a question from Mayor Love, Mr. McDonagh explained herbicides were used on non- native species in the area because they tend to overwhelm the native plantings. The herbicide used had a half-life of less than two days, and it was considered one of the safest herbicides to use for a number of reasons, and it only attacked green living tissue above 560. Mr. McDonagh explained there was a minimal number of pine trees removed during the basin excavation process. There was extremely selective tree removal in the wetland areas, but the majority of the removal was for near tree-size buckthorn. Mr. McDonagh stated the areas of the new plugs and seeding would be assessed in the spring to determine what additional plug planting and seeding must be done as a result of high water. In response to a question from Councilmember Turgeon, Mr. McDonagh reviewed the species that were planted and seeded. He noted no herbaceous plants had been removed. In response to another question, Mr. McDonagh stated the habitat would attract a larger range of species. In response to a question from Mayor Love, Mr. McDonagh explained if the plugs survive until spring of 2007 they would reach an "established" level within 1 - 1 1'2 years, and the seeded areas would require 2 _ 3 years to become established. In response to another question, Mr. McDonagh stated the City would receive an update on the state of the plantings in the spring. Mr. Evenson commented the City would also receive reports over the next few years. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 4 of 15 Mr. McDonagh stated the installation contractor was also responsible for the maintenance of the area. He would conduct spot herbiciding for the non-native species, and he would conduct a controlled burn in either 2008 or 2009 to destroy aggressive species in the area. In response to a question from Counci1member Lizee, Mr. McDonagh explained that two-thirds of the 5.8 acre parcel had been restored and the other one-third of the parcel contained "wetland" type trees. He explained the two-thirds area had been highly-disturbed old growth, and the one-third area was old- growth forest. He noted the mature trees (such as maple, basswood) remained in the old-growth forest on the western one-third of Gideon Glen. Councilmember Lizee commented there had been misconception on the part of the residents that the maple 1 basswood forest had been destroyed. In response to a question from Mayor Love, Mr. Evenson stated there would be an annual inspection of the storm water pond, and cleaning of the pond would be done on an as-needed basis. He noted it was common for more maintenance to be required in the first few years, and it would reduce in subsequent years. Mr. McDonagh commented that some basins were cleaned after three - four years, and others would require cleaning after seven years. In response to a question from Councilmember Turgeon, Engineer Gurney explained how the water flowed from the site and where it flowed to. Mr. McDonagh noted that wetland plants grow slower in the spring than other plants, therefore there would not be a great deal of visible green foliage until the first - second week of May. The plants would also stay green for a longer period of time in the fall. Mr. Evenson stated a number of fairly large trees had been replaced with a lot of small trees. The assumption was there was a higher survival success rate with smaller trees (and they were less costly), and for planning purposes it was anticipated that there was 90% survival rate. The planting density for the herbaceous plugs was one per square foot. Council thanked the MCWD for the great partnership with the City on this project. C. Authorization to Perform Construction Work on Saturdays on Wedgewood Drive, Mallard Lane, Teal Circle, City Project 02-02 Director Brown stated that despite the recent rainy weather, the Wedgewood Drive, Teal Circle, and Mallard Lane reconstruction project had moved forward with a substantial amount of progress achieved each day. He explained one of the project goals was to have the edge and the base course of asphalt installed this fall; the most recent projected dates were November 1 (for edging) and November 6 (for asphalt). Based on those dates, the contractor had requested to work the upcoming two Saturdays between the hours of 8:00 A.M. and 5:00 P.M., and the City's ordinance allowed for that. Staff agreed that the time was needed to complete the scheduled tasks. In response to a comment from Councilmember Turgeon, Director Brown stated he was aware the contractor had previously been working one-half day on Fridays. He explained the contractor most frequently worked ten - twelve hour days as daylight permitted. The City had the authority to specify the hours work would be allowed, but it did not have the authority to specify how the contractor should conduct its operations. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 5 of 15 In response to a question from Mayor Love, Director Brown stated there would be instances when the Saturday work would require brief complete road closures. He noted the vast majority of work requiring complete road closures had already been completed. He stated the contractor was aware the excavation would have to cease in the event of an emergency. Councilmember Turgeon stated she was pleased with the work the contractor had performed to date. Director Brown stated there was an approximate $20,000 additional cost for rock to stabilize the roadway as a result of the rainy weather. Turgeon moved, Wellens seconded, Authorizing the Contractor to Perform Construction Work on Saturdays on Wedgewood Drive, Mallard Lane, and Teal Circle Project. Motion passed 5/0. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held October 10,2006 Director Brown stated there was not a quorum at the scheduled October 10, 2006, Park Commission meeting. He then reported on matters discussed at that meeting (as detailed in the minutes of that meeting). He noted there was a special Park Commission meeting scheduled for October 24, 2006. Brown reviewed the events being considered for the Winter Community Event, and who from Shorewood was involved in planning the event. The tentative date for the event was January 20, 2007. He stated the City's liquor stores had rescheduled its wine tasting event to be the same time as the community event. Councilmember Turgeon commented that Excelsior was willing to reschedule its Frosty Days to coincide with the Winter Community Event. Councilmember Lizee stated a to-be-elected Tonka Bay Councilmember was interested in participating in coordination of the event. Lizee commented the Hennepin County Library was also planning events for that same weekend. 8. PLANNING - Report by Representative Commissioner Meyer reported on matters considered and actions taken at the October 17,2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Concept Stage Approval for Residential P.U.D. Applicant: Mark Kawell Location: 20025 Manor Road Director Nielsen explained the history of the case, noting Mark Kawell, who represented Richard Bowman, proposed subdividing the property located at 20025 Manor Road into four single-family residential lots. The result of that subdivision would be three new building sites (Lots 2 - 4, which would be located in Deephaven), plus Mr. Bowman's existing homesite (Lot 1). He noted the property was approximately 10.5 acres and it straddled the ShorewoodlDeephaven boundary. Nielsen then explained the property had been the subject of two previous subdivisions. The first was approved in 1990 and it resulted in the creation of two lots (20005 Manor Road in Deephaven, and 20015 SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 6 of 15 Manor Road in Shorewood). Both of those lots had since been built upon. That subdivision also created Bowman Court - a public right-of-way upon which a city street was to be constructed at such time as additional lots were platted. In 2003 the two cities agreed to an amendment to the agreement that allowed the lot at 20001 Manor Road (in Shorewood) to be created, without construction of the street. He noted that lot was accessed directly from Manor Road, and a house had since been constructed on the lot. Nielsen went on to explain Mr. Kawell's proposal depicted Lot 1 (the Bowman residence) and Lot 2 (one of the new lots) would be served by a common driveway directly from Manor Road. The Bowman Court right-of-way would be vacated in favor of a private road serving the existing home at 20005 Manor Road and two new lots (Lots 3 and 4). He stated Mr. Kawell preferred not to have to build the city street because of the location of one of the wetlands. He also stated the lots would be primarily served with sanitary sewer and water from the City. Nielsen stated the project required approval from both the cities of Shorewood and Deephaven. Because Shorewood had a public unit development (P.D.D.) provision, the applicant approached the City for concept approval prior to approaching Deephaven. Nielsen explained Staff had originally recommended the sanitary sewer and water be privately owned because the utilities were not under a public street. Mr. Kawell had informed the Planning Commission that Deephaven preferred to have the utilities publicly owned. The Commission's opinion was if the utilities were to be publicly owned, then Deephaven should be the owner of the utilities. Nielsen stated the Planning Commission recommended concept approval of the P.D.D. subject to the Staff and Commission recommendations. Director Nielsen noted Mr. Kawell was present to answer any questions the Council may have. In response to a question from Councilmember Lizee, Director Nielsen explained Deephaven did have P.D.D. zoning (although he originally did not think that was the case). He commented that a P.U.D. was better suited to this situation. In response to another question, Nielsen explained the City would be responsible for preserving the wetland (the one located in the City), and one of the conditions stipulated was the City's wetland buffer requirement be satisfied. He stated the development would not adversely affect the wetland. In response to a question from Councilmember Callies, Director Nielsen explained one of the reasons a P.D.D. was being suggested was there was a private road involved. The plan was to vacate the Bowman Court right-of-way in favor of a private road, because the road would serve three houses. If it were converted to a public road a significant amount of site alteration would be required. In response to a question from Councilmember Wellens, Mr. Kawell stated the three new houses would be sprinklered. He also stated a fire hydrant would be installed on the property line between Lot 1 and Lot 2, and it would be located less than the 150 feet (which was the requirement) from the house on Lot 1, Lot 2, and Lot 4. In response to a question from Councilmember Wellens, the existing house did not have to retrofitted to have a sprinkler system. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 7 of 15 Turgeon moved, Lizee seconded, Approving the Concept Plan P.U.D. for Mark Kawell, who represented Richard Bowman who was the Owner of the Property Located at 20025 Manor Road, subject to Staff and Planning Commission Recommendations. Motion passed 5/0. B. Conditional Use Permit - Accessory Space in Excess of 1200 Square Feet Applicant: Lance Black Location: 20270 Excelsior Boulevard Director Nielsen explained Lance Black had applied for a conditional use permit to construct a gazebo on his property, located at 20270 Excelsior Boulevard. The floor area of the gazebo, when combined with his existing attached garage, brought the total area of accessory space on the property over 1200 square feet. The property was zoned R-IA, Single-Family Residential and contained approximately 88,009 square feet of area. Nielsen reviewed the site plan. The existing house contained approximately 2100 square feet of floor area on the main floor alone. The existing garage, which was located at the southwest end of the house, contained 1156 square feet of floor area. The new gazebo would be located in the rear yard, approximately 160 feet north of the house. It contained 150 square feet, which brought the total area of accessory space on the site to 1350 square feet. Nielsen then reviewed how the applicants' request complied with the four criteria specified in Section 1201.03 Subd.2.d.(4) of the City's Zoning Code. a. The total area of accessory space (1350 square feet) did not exceed the total floor area above grade of the principle structure (2100 square feet - main floor only). b. The total area of accessory space did not exceed ten percent of the minimum lot area for the R-IA zoning district (.10 x. 40,000 square feet = 4000 square feet). c. The proposed garage and the existing house complied with the setback requirements of the R-IA zoning district. The new gazebo would be approximately 60 feet from either side of the property and approximately 100 feet from the edge of Foot Lake (which was designated wetland). Given the size of the property and the amount of existing vegetation on the site, drainage and landscaping were not considered to be issues in this request. d. The materials and design ofthe new gazebo were consistent with the character of the existing house and garage. Nielsen stated because the applicants' request was considered to be consistent with the requirements of the City's Zoning Code, the Planning Commission recommended that the conditional use permit be granted as requested. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 06-085, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Lance Black, 20270 Excelsior Boulevard." Motion passed 5/0. 9. GENERAL/NEW BUSINESS SHORE WOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 8 of 15 A. Approval of Certification of Delinquent Utility Charges Administrator Dawson stated State Statute allowed for cities to certify unpaid utility charges to property taxes. The City Code provided for annual certification of delinquent utility charges to the property tax rolls. He explained each property owner was given an opportunity to object to that proposed certification of delinquent accounts; and as part of the appeal process, they could request a hearing in front of the Council. Dawson stated the City had received one written request for a hearing. The request was from Ron Johnson, 5355 Shady Hills Circle, it was dated October 20, 2006, and it was received via U.S. mail on October 23, 2006. On October 23, 2006, the City also received correspondence from McCombs Frank Roos Associates, Inc. (MFRA) regarding Mr. Johnson's property. Ron Johnson, 5355 Shady Hills Circle, first made some unrelated comments to Council prior to addressing the issue of delinquent charges. Mr. Johnson stated MFRA had conducted a site visit to his property at which time it determined that Mr. Johnson did not have a sump pump or a sump pit inside his house. Mr. Johnson referred to a history of flooding on his adjoining property which he perceived as being relevant to the certification of his sump pump surcharge delinquency. Mayor Love questioned if Mr. Johnson may want to focus his comments on the topic at hand, his delinquent sump pump surcharge for 2006. Love noted the correspondence from MFRA would prove to be of benefit to Mr. Johnson. Mr. Johnson stated the City had passed a sump pump discharge ordinance a number of years ago. From his vantage point, he felt many of his surrounding neighbors' sump pumps drained down the public roadways and then on to his property. He commented the Public Works Staff had flushed hydrants that day, and some of that water drained onto his property. Councilmember Callies stated she had not served as a Councilmember the entire length of Mayor Love's tenure as Mayor. Therefore, she would like to focus on the topic of the 2006 delinquent sump pump surcharge. She noted there had been recent correspondence from MRF A to Mr. Johnson which stated there was no sump pump on Mr. Johnson's property. She explained the sump pump surcharges previously placed on Mr. Johnson's property taxes were because he had not had an inspection. The inspection was to determine if a house had a sump pump and, if so, how did it discharge. The inspections were intended to protect the integrity of the City's sanitary sewer system. She stated that although the inspection was not conducted by the City's traditional method, she would support accepting the MFRA inspection report and drop the proposed 2006 delinquent sanitary sewer charge to Mr. Johnson. Mr. Johnson requested that all his previous delinquent sump pump surcharges also be dropped. He stated he had received feedback via Judge Aldrich's law clerk that the Judge had thought his previous delinquent charges should be reversed after an independent inspection had been completed. He then stated from his perspective he should not have incurred any delinquent charges after he had filed a lawsuit against the City regarding the sump pump surcharge. Councilmember Callies clarified the item before Council that evening was regarding to approval of a resolution certifying utility charges to the 2007 property tax rolls. She stated she would support a decision not to charge Mr. Johnson for the 2006 sump pump surcharge because he had an inspection done. She went on to state she was not in favor of reversing charges for previous years because Mr. Johnson had not had an inspection of his property as was required by the City's Code. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 9 of 15 Callies moved, Wellens seconded, Adopting RESOLUTION NO. 06-086, "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Water Charges, Recycling Charges, City Clean-Up Charges, Dry Hydrant Charges, and Sump Pump Charges, be Placed on the 2007 Property Tax Rolls subject to the Exemption of Exhibit B." Mr. Johnson stated this was the first time the City had made the effort to determine if he had a sump pump. He stated Mayor Love and then City Engineer Brown had observed the flooding problem on his property in March 1999. Love noted neither he nor Brown had inspected the interior of Mr. Johnson's house, nor had they been invited into the house for that purpose. Discussion ensued with regard to Mr. Johnson's history of flooding on his property. Mayor Love suggested Mr. Johnson may want to consider keeping his comments relative to the 2006 sump pump surcharge. Mr. Johnson cited a particular State Statute and how it related to the City's Code regarding sump pump surcharges. He also cited a ruling by Judge Burke's that he felt was relative to his case regarding the delinquent sump pump surcharges. Attorney Keane stated that ruling had been appealed, and it was no longer under contention. Councilmember Callies questioned if Mr. Johnson preferred the City assess a 2006 sump pump delinquent surcharge to his 2007 property taxes. Mr. Johnson requested Council review the history on his case. Councilmember Turgeon commented the City's Code stated the inspection could be done by Staff or a licensed engineer; therefore the MFRA inspection was sufficient. Administrator Dawson clarified in the past the City would approve the licensed engineer in advance of the inspection. Dawson then stated the MFRA firm was a reputable firm, and Council could decide whether or not to accept its inspection report. Councilmember Callies stated her recollection of how the City's Code was written was somewhat different; but, the intent of the ordinance was to ensure integrity of the City's sanitary sewer system. Mr. Johnson requested the motion be amended to refund his previous delinquent sump pump surcharges. Motion passed 5/0. B. Request for Special Permit for Deer Removal Administrator Dawson stated Council had discussed a written request the City had received from the Minnetonka Country Club to "issue a permit to eliminate the deer problem" at its September 25, 2006, work session. At that time Council indicated its preference to pursue a special permit from Department of Natural Resources (DNR) to remove deer as a "local control" (i.e., the Country Club property), rather than a City-wide effort. Dawson explained there were two common methods for removing deer - a trap-and-dispatch method, and a bow-and-arrow method. He stated SLMPD Chief Litsey recommended the trap-and-dispatch method; that method was safer in terms of (1) weapons accuracy, and (2) ensuring that the deer would be killed and there would be no damage or injury caused by a wounded deer. He then stated Bo Witrak, president of the Minnetonka Country Club, had agreed to the Minnetonka Country Club being responsible to SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 10 of 15 arrange and pay for the removal of deer. He also stated the SLMPD would have to authorize all personnel who would trap and remove deer. Dawson also explained the DNR required that there be an opportunity for public comment on the City's deer management plan. Council consideration and opportunity for public comment at this Council meeting would be sufficient to proceed with the application for the DNR permit. Dawson stated Staff had prepared a proposed deer management plan for Council's review and consideration, public comment, and submission to the DNR. He reviewed the five major points in the proposed plan. Dawson noted there were two chapters (603 and 703) in the City Code that would need to be amended to allow the use of weapons for deer removal. Chapter 603 prohibited the discharge of firearms except by law enforcement personnel. Chapter 703 prohibited the hunting and trapping of animals. Dawson stated he had received comment from Richard Stromberg, 5510 Wedgewood Drive, via email in which he stated his preference for the deer removal effort to be City-wide, and that the bow-and-arrow method should be allowed to dispatch the deer. Dawson suggested a City-wide program be addressed separate from the Minnetonka County Club request. Mayor Love stated he viewed a local effort and a City-wide effort as two separate issues, although he did think it was prudent to at some time have discussions regarding a City-wide effort. Councilmembers agreed that the two efforts should be addressed separately. Mr. Stromberg stated his property abutted 40+ acres of woods and swampland, land that a number of residents had bought and donated to the City a few years back. In the last 8 - 10 years the deer population on that property and other surrounding properties had increased significantly. He regularly observed between 8 - 10 deer in his backyard. The deer destroyed his plants and trees as well as those on his neighbors' properties, resulting in costly replanting expenses. He explained he was an avid bow hunter and rifle hunter, and he had studied deer habits for many years. He stated bow hunting could be a viable way to control the deer population for a moderate cost. He had participated in that type of effort when he was a resident of Maple Grove. That effort was done on private property only after obtaining the necessary permission. He then stated he and his neighbors wanted the deer population to be controlled. In response to a question from Mayor Love, Administrator Dawson stated the DNR required an aerial deer census be conducted prior to any deer removal effort for a larger area. The cost for that census was approximately $250 per hour. The census would be conducted during the winter when the foliage was down. Mr. Stromberg stated the DNR had stated to him that the deer could be controlled through the regular deer hunting season. Mr. Stromberg then stated the DNR had stated a census was needed if the removal effort was to be contracted out. Administrator Dawson explained the City Code prohibited hunting within the City limits, a practice common for many communities. He also stated if a city did not have a hunting season, then a census was required for a permit for a removal program for a large area of land. Councilmember Turgeon questioned why the Country Club could get a permit for removal of deer if Mr. Stromberg could not follow the same removal plan. Administrator Dawson stated that would be another removal permit and the permit for removal was granted to the City not to individuals. Council member Turgeon stating removing deer at the Country Club would not help with the City-wide deer population. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 11 of 15 Mayor Love stated Council was very aware there was a problem with the increasing deer population. He stated the City benefited from communities to the east of the City that had attempted to address their deer population. He then stated he thought it necessary to address the growing deer population as a City-wide Issue. Administrator Dawson stated Mr. Witrak had stated there were deer nesting on the Country Club property, and there was not a guarantee once the removal effort had taken place that nesting would not occur again. In response to a question from Mayor Love, Administrator Dawson stated he did not think it was possible to have a City-wide removal program in place by year-end. It may be possible to apply for a permit early in 2007 that would expire in April, but that would require a deer aerial census be taken and a removal plan prepared. On behalf of Council, Mayor Love directed Staff to request a deer aerial census be taken and to prepare a City-wide removal plan. Mr. Stromberg commented a census would need to be done on a regular basis. Mayor Love thanked Mr. Stromberg for his comments. He stated Staff would keep him and the other residents updated on this effort. Administrator Dawson explained to Council what actions it must take to move forward with this request. Mayor Love stated he would support Mr. Witrak's request on behalf of the Country Club. He also stated he appreciated Chief Litsey's desire to use the trap-and-dispatch method of removal. He commented that neighboring cities that had used that method found it to be effective, safe, and humane. Councilmember Turgeon commented that there was controversy in Minnetonka regarding the removal process. Councilmember Callies stated she did not think there was a need for additional public comment on Mr. Witrak's request, but she did think there should be further discussion regarding a City-wide removal effort. Callies moved, Wellens seconded, Directing Staff to Submit an Application for a Special Permit for Deer Removal to the Minnesota Department of Natural Resources, to Prepare an Agreement with the Minnetonka Country Club Association, Inc., and to Prepare an Ordinance to Amend the Appropriate Section of the City Code in Order to Permit the Deer Management Activities in the Plan. Motion passed 5/0. Mr. Witrak thanked Council for its efforts. He commented his request was a commercial request, not a residential request. He frequently counted 10 - 12 deer on his residential property at Christmas Lake that were eating his trees and plants. He stated when a golfer was not pleased with the quality of a golf course, the golfer had the prerogative to play on a better maintained course. The Country Club had no choice but to address the situation. He stated thousands of dollars worth of trees had been planted, only to have the deer eat the plantings. He had concerns that there could be accidents on Smithtown Road because of the deer. He stated the DNR had a list of companies that performed the trap-and-dispatch activities. He commented he would keep the City abreast of the efforts. SHORE WOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 12 of 15 Chief Litsey stated when the SLMPD considered companies that could conduct the removal effort, there would be a strong consideration given to companies with demonstrated commitment to treating the deer humanely. C. Employee Handbook Administrator Dawson stated the Employee Handbook had been a work-in-progress for sometime. At its October 9, 2006, work session, Council discussed three items (the health insurance opt-out payment, funeral leave, and the sick leave / severance "800-hour" plan) and it supported incorporating those items as presented into the final draft of the Handbook. He commented the plan for how to address the three employees with more than 800 accrued sick leave hours was a separate issue from the Handbook. Councilmember Turgeon stated although she appreciated the input from the Benefits Committee, she would prefer to use a 960-hour cap, a cap that was commonly reported in the Stanton Group survey, and that some other communities used as a standard. Councilmember Callies stated she would support the "800-hour" plan; the plan had been proposed by the Employees Benefits Committee, Council had discussed the plan, and the three employees with accrued sick leave hours in excess of 800 hours had the opportunity to provide their feedback on the plan. She would also support the proposed increase of the health insurance opt-out payment. Callies moved, Lizee seconded, Approving the Revised City of Shorewood Employee Handbook as presented. Motion passed 3/2 with Turgeon and Wellens dissenting. 1. Excess Sick Leave Hours Buy-down Administrator Dawson stated there were three employees that had accrued sick leave hours in excess of the new 800-hour cap. He then stated there had been discussion at the preceding Council work session regarding how those excess hours should be addressed, and what the preference of the three employees was. Dawson explained the three employees were long-term, loyal employees; they had accrued sick leave due to good health, or their willingness to come to work when they were ill. Their high balances were not primarily motivated by the potential need to have high balances available for long-term illness or injury, or for the severance benefit. The three employees had expressed their preference of how they would like to be compensated for their excess hours. Mayor Love noted both a 33% conversion rate and a 50% conversion had been discussed by Council at its work session preceding this meeting. He stated the three employees had been agreeable to reducing their balances to 800 hours at the end of 2006 through a buy-down of their excess hours. The employees agreed that being compensated for 100% of their excess hours was unrealistic. Of the other two scenarios considered, a 33% conversion rate (based on the current policy) or a 50% conversion rate (based on the new policy), the employees preferred the 50% rate. Administrator Dawson noted a snapshot of their hours would be taken in December. Councilmember Turgeon stated she would prefer the employees be compensated at a 100% conversion rate. Councilmember Callies stated neither the current policy nor the new policy would have created an expectation of a 100% conversion rate. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 13 of 15 Councilmember Turgeon stated the three employees had not been given conversion rate options other than 33% and 50% to consider. She stated from her perspective the two rates considered were arbitrary numbers. Therefore, because they were good loyal employees they should be compensated for their excess hours at a 100% conversion rate - if they had used their sick leave they would have been compensated at 100% of their then rate of pay. Mayor Love stated the intent of the buy-down, which they employees agreed with, was what would a reasonable rate of compensation be for their excess sick hours (considering the change in policy). He commented the employees had not suggested a 100% conversion rate. In response to a question from Councilmember Turgeon, Administrator Dawson stated only the 33% and 50% conversion rates were presented as options to the three employees. He explained rates were based on the current severance conversion rate (33%) and the new rate (50%). Councilmember Callies stated Council had referred the buy-down conversion rate back to the Benefits Committee for their consideration and recommendation. She commented Council had lengthy deliberation about the conversion rate prior to this meeting. In response to a question from Councilmember Callies, Administrator Dawson explained the previous sick leave / severance policy did not have a cap on the number of sick leave hours that could be accrued. The intent of the new cap was to limit the City's liability on a severance benefit. Mayor Love stated he would support a 50% conversion rate. Lizee moved, Callies seconded, Approving a Plan to Buy-down an Employee's Accrued Sick Leave Hours in Excess of the 800-hour Cap at a Rate of 50% of the Excess Hours. Motion passed 3/2 with Turgeon and Wellens dissenting. D. Approval of Tobacco Licenses This item was pulled from the consent agenda at Councilmember Wellens request. Councilmember Wellens stated the prepared resolution would approve licenses to sell tobacco for three private businesses and the two City-owned liquor stores. Tobacco had been vilified for the last decade, and it had been the subject of numerous lawsuits. Therefore, he suggested the City no longer be involved in the sale of tobacco products for profit. He stated he would support the licenses for the three private businesses, but would not support the licenses for the two City-owned liquor stores. Wellens moved, Callies seconded, Adopting RESOLUTION NO. 06-081, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore #12, and Oasis Market." Mayor Love stated he could support the motion. He also did not think it was appropriate for the government to profit from the sale of tobacco products after the government had taken a settlement from the tobacco industry. Councilmember Wellens stated there were would be a loss of revenue for the liquor stores as a result of this action. SHOREWOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 14 of 15 In response to a question from Mayor Love, Administrator Dawson stated the current permits for the liquor stores were not valid after October 31,2006. Dawson commented that tobacco products were sold in the stores as a convenience for customers. Motion passed 4/1 with Lizee dissenting. 10. ENGINEERING/PUBLIC WORKS A. Approve Concept Plan for County Road 19 LRT Trail Crossing Director Brown stated Robert Byers, a Senior Transportation Engineer for Hennepin County, had submitted a letter requesting consideration of a concept plan for the CSAH 19 / Southwest LRT Trail Crossing. He explained the issues of pedestrians and bicyclists versus motorists at that intersection had been a source of concern for the City, Tonka Bay, and Hennepin County. Brown explained the concept plan indicated a 12-foot-wide concrete raised median in the center of CSAH 19, with the exception of approximately 12 feet in line with the Trail that would remain at grade (the exception would provide a place of refuge for Trail traffic). The proposed change would allow a pedestrians and bicyclists to have to focus only on crossing one direction of traffic at a time. Brown noted Staff had encouraged members of Hennepin County to extend a trail from the new intersection to the Trail, as part of the concept plan. Mr. Byers had explained the proposed median plan crossing was to be completed by Hennepin County's Public Works staff, and the construction of a trail along County Road 19 would be outside the scope of the work to be performed as part of the plan. That trail expansion would need to be considered under a separate proposal. Brown stated Staff recommended approval of the Concept Plan, which would thereby encourage Hennepin County to proceed with the design elements of the project. Director Nielsen stated the concept plan was consistent with a corridor study that was done a few years ago. In response to a question from Councilmember Turgeon, Director Brown stated consideration of changes to the signage at the intersection would be considered during the design phase. Turgeon stated she would like to have more clarity in the signage. Mayor Love echoed her comments, and he stated the area was confusing. Turgeon commented motorists were at times rear-ended when they stopped for pedestrians or bicyclists at the intersection. Councilmember Callies stated there were Good Samaritans who stopped for traffic, and were not rear-ended. Discussion ensued with regard to the need for clearer signage. In response to a question from Council member Turgeon, Director Brown stated he could not readily think of an example of a raised median in the area. Brown stated what it would important for the signage to clearly and consistently communicate what the yield expectations were for all parties involved. In response to a comment from Mayor Love, Director Brown stated his understanding was the State law requiring motorists to stop for pedestrians in a crosswalk did not apply to a trail crossing. SHORE WOOD CITY COUNCIL REGULAR MEETING October 23, 2006 Page 15 of 15 Councilmember Lizee stated the proposed plan would provide visual clues about responsibilities to yield to pedestrians, bicyclists, and motorists. She stated the raised median would be a good safety feature for pedestrians and bicyclists crossing the intersection. Director Brown stated the modifications to the intersection (e.g. the raised areas and curbing) would help slow traffic down. Councilmember Lizee stated the traffic counts taken as part of a feasibility study (which was conducted 4 - 5 years ago) for an underground tunnel at the intersection indicated the traffic volume were approximately 14,000 vehicles a day. Director Brown stated that volume had increased substantially since then. Lizee moved, Wellens seconded, Approving a Concept Plan for the CSAH 19 1 Southwest LRT Train crossing. Chief Litsey applauded the concept plan design, and he stated the inclusion of the curbing should minimize motorists passing on the right side of the road. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated there had been an SLMPD Board meeting the previous week, and there was ajoint meeting of the SLMPD Board and the EFD Board scheduled for November 15,2006, at 6:00 P.M. at the West Side Station. B. Mayor & City Council None. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Regular Meeting of October 23, 2006,9:21 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor