062507 CC WS Min
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
JUNE 25, 2007
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
5:45 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION
Mayor Lizee called the meeting to order at 5:35 P.M.
A.
Roll Call
Present.
Mayor Lizee; Councilmembers Callies, Turgeon, Wellens, and Woodruff; Administrator
Dawson; Finance Director Burton; Director of Public Works Brown; and Engineer
Landini
Absent:
None
B.
Review Agenda
Mayor Lizee requested Item 2.B, Park Commission Appointment, be added to the agenda.
Woodruff moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 5/0.
2. WILDLIFE MANAGEMENT
Administrator Dawson stated in the fall of 2006 the City had received a written request from the
Minnetonka Country Club to remove deer. After developing a deer management plan, the City received a
special removal permit from the Minnesota Department of Natural Resources for removal of up to 20
deer from the Minnetonka Country Club property (to be done at the Country Club's expense). The
Council also amended several sections of the Code to allow the discharge of weapons and dispatching of
animals for wildlife management purposes by individuals approved by the SLMPD.
Dawson then stated on February 27, 2007, Three Rivers Park District conducted a deer census within
Shorewood at no charge. The survey, which was a snapshot of conditions on that day, counted 121 deer,
with about two-thirds of that number around Christmas Lake.
Dawson went on to state that during the discussions in 2006 Council indicated that in 2007 it would
consider deer management across Shorewood. Earlier this year, Council stated it wanted wildlife
management generally (not just deer) to be addressed.
Dawson explained if the City wanted to do wildlife management outside of the Minnetonka Country Club
another plan would have to be developed; if the request were for the Club only, last year's special
removal permit would have to be renewed.
Dawson also explained he conducted some internet research with regard to the Minnesota Bow Hunters
Association (MBHA), but he found nothing on MBHA's website indicating they conducted deer removal.
He stated he would check further to determine if he had researched the appropriate organization.
Dawson stated there were residents who wanted to remove deer on or near their property. If that were to
be considered Council would have to decide if it wanted to allow hunting within the City limits before
that could be considered, and the City Ordinance would have to be amended accordingly. Council may
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 2 of 8
decide it was more appropriate to work within the boundaries of the City Code amendments made in
2006, and find an organization to do the removal. He related he had recently spoken with SLMPD Chief
Litsey with regard to this topic, and Litsey again recommended the trap-and-dispatch be used for
maximum public safety.
Dawson commented if the wildlife removal were to be initiated by the City, it would be paid for out of
the General Fund.
The following noteworthy comments and concerns were stated.
~ Although the trap-and-dispatch method for deer removal was effective at the Minnetonka
Country Club, other methods may be effective in locations with different topography.
~ The location of deer during the survey was somewhat surprising. Because the deer
population traverses different areas within the City, it would be difficult to determine
what specific areas should be addressed at any particular time.
~ The accuracy of the trap-and-dispatch method versus the bow-and-arrow method for deer
removal was discussed.
~ There was not enough understanding of how a bow-and-arrow method would be done.
Additional information on that approach and the trap-and-dispatch method should be
provided, including what requirements and restrictions there would be (e.g. lot size).
~ The trap-and-dispatch method was done overnight; it seemed that the bow-and-arrow
method of removal would be done during daylight hours.
~ There was no charge for the bow-and-arrow method.
~ Deer removal could be done during the deer hunting season, or outside the season under
a special permit issued to the City.
~ Deer removal by residents could be construed as the City allowed hunting within the City
limits.
~ Removal done by an association would be considered authorized hunting.
~ The City should be consistent with either charging for wildlife removal or not; that
should not vary based on the type of wildlife.
~ The City could contract with one agency for the removal of deer, and residents could
make a request for removal to the City and pay for the cost.
~ The deer removal effort could be contained to City properties only, including wetlands.
Councilmember Callies stated she would prefer a controlled removal method for deer such as the one that
was used for the Minnetonka Country Club. She thought the City should consider an amendment to the
City's Ordinance that would restrict feeding of wildlife such as deer, geese, ducks, etc.
Mayor Lizee stated she would prefer the method for deer removal would be sanctioned by the Chief
Litsey, and that it be considered on a case-by-case basis. Individual residents would have to apply to the
City. She expressed concern that allowing residents to remove deer during the hunting season could
imply that the City allowed hunting within the City limits.
Councilmember Wellens stated he would prefer the City use the bow-and-arrow method for deer
removal; from his perspective that method could be used on any property. If the City went with that
approach it could be changed in future years if it was not effective.
Councilmember Turgeon stated the City should be consistent in its policy to charge or not charge for
wildlife removal. She questioned how the City could prohibit the feeding of certain wildlife (e.g., deer,
geese, ducks, etc.) and not restrict the feeding of other wildlife such as birds.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 3 of 8
Councilmember Woodruff stated he would be reluctant to have the City spend $350 per deer for removal
of more than a few deer. He also would support an amendment to the City's Ordinance to restrict feeding
of wildlife.
There was consensus that the City should publish an article in the Shore Report requesting the residents
to cease their feeding of wildlife. There was also consensus to gather more information about the bow-
and-arrow removal process and associations that would conduct the effort. Deer removal would continue
to be considered on a complaint basis.
Administrator Dawson explained the process for beaver removal. State statute allows a property owner to
remove a beaver at any time. Any removal done by the City or by a contractor (hired by the City or a
property owner) outside of the trapping season would require a DNR permit from the local conservation
officer. The City's trapping/hunting ordinance would not allow property owners (or their contractors) to
remove beavers without prior City authorization for managing the beaver population.
Dawson then explained process for wild turkey removal. A State permit was required for removal of wild
turkeys, and only governmental agencies may receive such a permit. Wild turkeys are destroyed (not
relocated), and their meat must be given to food-shelf organizations. A few years ago, the City did obtain
a special removal permit, but its Public Works Staff did not need to avail themselves of permission to
exercise it.
B. Park Commission Appointment
Mayor Lizee stated that Park Commissioner John Moonen had submitted his resignation from the Park
Commission as he was relocating. She stated the other two candidates Council interviewed on March 26,
2007, were still interested in the position. The candidates were Travis DeMers and Steve Quinlan.
Councilmember Wellens stated he would prefer Mr. Quinlan because he was an engineer and he like the
way engineers thought.
Councilmember Turgeon stated he would prefer Mr. DeMers because of his sales, serVIce,
communications, and marketing experience.
Mayor Lizee commented that Mr. Quinlan had been Council's second choice at the March meeting.
Councilmember Callies and Councilmember Woodruff agreed.
Council member Callies stated she would make a motion at the upcoming Council regular meeting to
appoint Mr. Quinlan.
3. LIQUOR OPERATIONS
Don Swandby, Liquor Operations Manager, joined the meeting.
Administrator Dawson stated Council gave direction to renegotiate the lease for the Waterford liquor
store space at its May 14,2007, work session. He then stated that Mr. Swandby had been in discussions
with the landlord regarding the lease.
Dawson explained the landlord had submitted two proposals with regard to extending the lease. The
proposals were as follows.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 4 of8
In Proposal #1, the space could be occupied through October 31,2008. The current space would remain
the same, and the current provision to downsize from 4,500 square feet to 2,850 square feet would be
removed. The gross rent would be increased by 10 percent retroactive to April 1, 2007; therefore the
annualized cost would be $73,990. This proposal would require a four-month notice for termination.
In Proposal #2, the lease would run from April 1, 2007, through March 31, 2012. The space would be
downsized to 2,850 square feet (as has been planned for several years), with a construction cost to the
City of $1.00 per square foot in the rent. Gross rent would start at $64,890 for the first year and would
increase three percent annually.
Dawson stated having a lease of some duration in place adds value for the purchaser of a business. By
assuming the lease, the new business owner would have some security in terms of planning for expenses
and being able to stay in operation.
Mr. Swandby agreed it would beneficial to have a lease in place for both stores if the City was going to
put the businesses up for sale. The buyer would assume the City's lease at the time of purchase. A longer
lease could be more attractive to a potential buyer. Swandby stated from his vantage point it would be
better for the City to keep both stores in operation.
The following noteworthy comments and concerns were stated.
~ If there were a willing buyer, it was possible to sell the City's liquor operations business
even though the City did not own the physical buildings.
~ There was a liability to the City for entering into a five-year lease for the Waterford
store. If the City could not sell the store and therefore closed the store, the City would be
liable for the lease until the five years were up.
~ A buyer could renegotiate a shorter lease to suit its needs. It may have more negotiating
leverage.
~ The two liquor stores were located in two of the three City's commercial zones. The
third commercial zone was located around County Road 19.
~ There was a Liquor Committee meeting scheduled for July 30,2007, to review the year-
to-date actual revenue and expense figures.
~ If Proposal #1 were agreed to, it would be very unlikely for the City would have any
liability with having a lease for space with nothing in it. It would very likely it would
take a minimum of four months to sell the store. The lease rate, which was less than the
current rate, would remain in effect until October 31, 2008, when the lease for
Shorewood Plaza store expired.
~ The revenue and expense figures through May 31, 2007, were on budget as revised.
After ensuing discussion, there was consensus to continue the discussion of the future of the City's liquor
operations and the Waterford store lease to an August 6, 2007, Council work session. Council would
have the opportunity to review the year-to-date actual revenue and expense figures for liquor operations
at that time.
4. CAPITAL IMPROVEMENT PROGRAM
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 5 of8
Administrator Dawson stated Council had its first discussion of the draft 2007 - 2011 CIP at its May 29,
2007, work session. The CIP had been updated to reflect the changes Council requested. He explained
the updated CIP also included the following Staff revisions: 1) the Equipment Fund has been modified in
2007-2009 in order to replace the water truck in 2007 rather than 2009 and the dump truck in 2009 rather
than 2007; and, 2) The Public Facilities Fund included $50,000 for two civil defense sirens in 2007. The
need to replace the sirens has been known for some time, and has been shown in prior CIPs. The entire
five-siren system among the four SLMPD cities needs to be replaced within a year.
Administrator Dawson related that Council had asked for a schedule of the critical roadway improvement
and stormwater improvements over a six-year timeframe to implement them, in order to get an idea of the
cost implications to accomplish them. Staff prepared schedules for replacement of local roads rated "3"
or worse by 2013. A schedule for stormwater improvements had also been prepared, showing drainage
improvements associated with the local road improvements through 2013, and also showing priority
improvements that are not associated with road projects.
Administrator Dawson explained there was a correction to the CIP cover memo. The changes to
stormwater management rates listed on page two should be changed to approximately $18 - $21 per
quarter (the memo stated $12 - $14) or $72 - $84 per year (the memo stated $48 - $56). Those increases
would be required to fund the list of stormwater management projects for through 2013.
Director Brown explained the CIP reflected a change to purchase a water truck in 2007 rather than in
2009; and to purchase a dump truck 2009 rather than in 2007. He then explained City purchased its water
truck in 1992; the truck was a used 1989 truck with 100,000 miles on it at that time. There were a number
of problems with the truck such as its motor and transmission seals were leaking, and the water tank was
leaking. The original projected service life of the truck had been fifteen years. Although the CIP reflected
the purchase of a new truck, Staff believed the purchase of a quality used truck would be sufficient.
Brown went on to explain that Staff had located a used water truck in Arizona that could satisfY the
City's needs. That truck had 100,000 miles on it. The consideration of that water truck would require that
he and Brad Mason fly to Arizona to check out the truck, and if it was satisfactory bring the truck back.
Before purchasing the truck, Staff would take oil samples from the truck and have them tested; the test
would reflect the condition of the engine. The company that owned the truck indicated that it would
provide Staff with oil samples, it would be certified by the Department of Transportation, and the 2,500-
gallon water tank was new. The truck was rigged very similar to the way Staff would specifY a truck if it
was purchasing a new truck. Brown stated the cost for the used truck would be less than $45,000; the cost
of a new truck was estimated to be approximately $140,000. Because the cost would be less than
$50,000, it would not have to be put out for bids.
Brown commented that the common service life for a dump truck was ten years in municipalities. There
was a great deal of wear- and-tear on a dump truck which was used most days. Staff was comfortable with
delaying the replacement of its dump truck until 2009.
Brown stated it was quite expensive to paint the City's trucks "granny apple green". Many municipalities
have decided to leave their trucks the standard white paint and to put their own logos and markings on
the truck to ensure it was identifiable.
There was Council consensus that Staff could go to check out the water truck in Arizona and purchase it
if it were in good condition.
With regard to local street reconstruction, Director Brown made the following clarifications.
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 6 of8
~ The CIP reflected $66,000 for sealcoating each year. The past goal had been to sealcoat
one-fifth of the City's roads each year. Because the cost of sealcoating materials had
increased significantly, roads are now sealcoated approximately every 7 - 8 years.
~ The CIP reflected $95,000 per year for overlay improvements (overlay involved placing
1.5 - 2 inches of asphalt surface over the roadway). The City's average life of an overlay
was approximately twelve years. Based on the $95,000 per year in funding,
approximately one-fortieth of the roads (or approximately one mile of roadway) would
be done each year.
~ The reconstruction of the eight roads listed in the CIP, was similar to the reconstruction
that was done on Wedgewood Drive. Costs did not include the installation of water main.
~ The cost to install watermain would be assessed back to the property owners.
Councilmember Wellens suggested money be transferred from the General Fund Reserves to fund
additional sealcoating of roads.
Director Brown suggested Staff could determine what additional sealcoating could be done based on an
increase of funds.
Councilmember Callies stated she would like to see funds be added to the Municipal Water System Fund,
possibly a transfer from the reserves. She stated the Minnewashta Water Tower looked as if it were in as
poor of shape as the SE Area Water Tower. She suggested funds should also be added to ensure
watermain would be installed for the road reconstruction projects identified in the CIP.
Director Brown stated past practice had been that the General Fund would not subsidize the Water Fund;
the Water Fund supported itself as a business. The appropriate way to add funds to the Water Fund was
to increase the water rates, increase the water connection charge, or change the City's policy.
After ensuing discussion, there was consensus to use the $5,000 in 2007 budgeted for washing the SE
Area Water Tower to wash the Minnewashta Water Tower. There was also consensus that the SE Area
Water Tower would be refurbished in 2008.
There was consensus to increase the funding for sealcoating and overlay projects.
Mayor Lizee recessed the City Council Work Session to a Regular City Council meeting at 6:52 P.M.
Mayor Lizee reconvened the Work Session at 8:32 P.M.
5. BUDGET CALENDAR - 2008 OPERATING BUDGET KICK-OFF
Administrator Dawson asked if there were any specific programs or topics Council wanted addressed
prior to budget discussions.
Councilmember Woodruff requested Council be provided with a projected technology replacement or
purchase schedule, similar to the equipment replacement projections.
Councilmember Woodruff stated he anticipated a great deal more discussion on how the City proposed to
spend money in 2008. He then stated based on the 2006 audit, the City was significantly over budget in
revenues. He questioned if there were changes that could be made to how the revenue projections were
arrived at to make it more accurate. With regard to expenses, he suggested a process be implemented to
CITY OF SHOREWOOD WORK SESSION MEETING
June 25, 2007
Page 7 of8
report on the status of projects that were budgeted for and to ensure those projects were completed. He
stated if Staff recommended budgeting for a project, then it must have the confidence that the project
could be completed (or at least started). Councilmember Wellens stated if the service life of equipment
could be extended then Staff should ensure that it happened, rather than spend the funds as budgeted.
Woodruff clarified his point was the reserves should not continue to be increased because projects were
not completed.
Councilmember Woodruff recommended that Council give Staff direction to prepare an Operating
Budget (excluding capital projects) for 2008 that reflected no more than a 3% increase over 2007; 3%
was approximately the rate of inflation. He commented that the spending increase for 2007 over 2006
was 9.1 % and that was excessive.
Councilmember Callies clarified that was Councilmember W oodrufr s recommendation; that did not
mean that was a directive from Council. She had concerns that there had been recent instances where a
suggestion was taken as a directive. She suggested the Staff prepare a budget that reflected what it
thought the needs were for 2008. Mayor Lizee agreed with that comment. Callies stated there are two
philosophies - one would be there would be a cap on taxes to fund increased costs; another would be to
prepare a budget which reflected actual needs and identified which portion was nondiscretionary
spending (this approach would be her preference).
Councilmember Wellens agreed that an increase cap be adhered to.
Administrator Dawson stated it was imperative that any use of reserves would be done for one-time
expenditures; the reserves should not be used to fund general spending.
Director Burton stated Staff could strive to stay within the rate of inflation. But items such as fuel costs,
health care costs, election costs, etc., may make that difficult.
There was ensuing discussion with regard to MSA funds, and the fact that the City had borrowed against
future MSA funds.
6. SOUTHSHORE CENTER STATUS REPORT
Administrator Dawson stated earlier this year, Senior Community Services (SCS) convened a forum of
the five South Lake Minnetonka cities to review the responsibilities for funding the Southshore Center
and for their contributions to SCS for senior programming.
Dawson then stated at the third meeting in this series of forums, representatives of the Friends Board
presented a proposal which, in its essence, would have the cities assume responsibility for costs related to
the Southshore Center building, and the Friends would be responsible for raising revenues for the costs
associated with providing programs and services in the Center. At that meeting, it was understood by
most present that a committee comprised of the city manager/administrators, two or three members of the
Friends, and perhaps a few representatives of SCS, would meet to identifY and address issues or concerns
regarding the proposal, and to refine it where possible. The committee did not meet until June 18, 2007.
Dawson explained the Metropolitan Council issued a Request for Proposals (RFP) for dial-a-ride transit
services to cover the "Minnetonka area" which were currently provided by SCS; the contract was
awarded to a private for-profit organization. SCS has formally protested the action, and the Metropolitan
Council will take up the matter at a meeting on June 22. At present, SCS will provide dial-a-ride service
through August 31, 2007.
At the June 18 "committee" meeting, whose participants also included members of the cities' councils,
the conversation shifted and centered on the likelihood that SCS would not be able to continue its
services at the Center, and what could be done for senior programming in 2008.
Councilmember Callies stated she agreed with Excelsior City Manager Whittaker that it was premature to
endorse the proposals being circulated.
Councilmember Woodruff stated it was his understanding that SCS would use its reserve funds to
continue providing services at the Southshore Center until September 30, 2007. Administrator Dawson
stated he thought it was through October 31, 2007, and that SCS may consider extending that to 2007
year-end.
Mayor Lizee stated she thought it was important to continue the process that had been agreed upon to
address the funding issues.
Councilmember Wellens stated from his perspective the City should not subsidize activities that were
exclusive to seniors. He would support funding for the Southshore Center building needs as that was
open to the public.
Councilmember Woodruff stated that when it was determined what the future role of the Friends would
be, its by-laws should be amended accordingly.
Administrator Dawson explained the by-laws were defined by the Friends organization; there were also a
cooperative agreement and a lease agreement, and all parties are bound to those agreements. Dawson
then explained there was an Advisory Board to SCS to provide input with regard to services provided;
that Board was separate from the Friend's Board.
Councilmember Woodruff commented that the money given to SCS goes into a pool and there was no
way to know what portion of the funds comes back to the City.
7. OTHER
There was no other business for discussion.
8. ADJOURN
Woodruff moved, Wellens seconded, Adjourning the City Council Work Session Meeting of June
25,2007, at 9:00 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
C\W~ Ga(
Christine Lizee, Mayor