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Mayor Lizee called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Assistant
Attorney Sonsalla; City Administrator Heck; Finance Director Burton; Planning Director
Nielsen; Director of Public Works Brown; and Engineer Landini
Absent: None.
B. Review Agenda
Mayor Lizee requested Item 10.8 be moved to Item 4.A on the agenda.
Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Executive Session Minutes, July 13, 2009
Turgeon moved, Woodruff seconded, Approving the City Council Executive Session Minutes of
July 13, 2009, as presented. Motion passed 5/0.
B. City Council Work Session Minutes, July 13, 2009
Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 13,
2009, as presented. Motion passed 510.
C. City Council Regular Meeting Minutes, July 13, 2009
Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July
13, 2009, as presented. Motion passed 5/0.
D. City Council Special Meeting Minutes, July 20, 2009
Woodruff moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of July
20, 2009, as presented. Motion passed 4/0/1 with Zerby abstaining due to his absence at the
meeting.
E. City Council Work Session Minutes, July 20, 2009
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Turgeon moved, Bailey seconded, Approving the City Cou. ,,il Work Session Minutes of July 20,
2009, as presented. Motion passed 4/0/1 with Zerby ab6 ' ue to his absence at the eating,
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. TTM Lease Amendment
C. Approving ORDINANCE NO. 4609 "An Ordinance Enacting and Adopting the
2009-5 Supplement to the Code of Ordinances for the City of Shorewood
Minnesota", and Adopting RESOLUTION NO. 09-040, "A Resolution of Official
Summary of Ordinance No. 460."
D. Approving ORDINANCE NO. 461, "An Ordinance Amending Chapter 503 of the
Shorewood City Code."
E. Authorize Expenditure of Funds for Safe Assure Consultants
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
A. Gideon Glen Memorial Bench
Mayor Lizee introduced Miles DelBusso who was present this evening to discuss his Eagle Scout project.
Mr. DelBusso stated his project is to construct a concrete platform and bench in the Gideon Glen area. His
project also includes planting native flowers in the area around the bench as well as performing an
inventory of the plants that were previously planted in the area to determine how many plants have
survived.
Mayor Lizee stated Mr. DelBusso had prepared and submitted a detailed project plan for his project
including a project timeline.
In response to a question from Councilmember Turgeon, Director Nielsen explained the City had
purchased a resin bench in 2008 for installation rather than constructing a concrete bench due to
maintenance concerns. The City has yet to purchase the plants and memorial plaque for the site. The
project is on budget.
Turgeon moved, Zerby seconded, approving Miles DelBusso Eagle Scout project to install a Gideon
Glen Memorial Bench to be located somewhat south of the last kiosk and authorizing him to
proceed with the work.
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Page of Councilmember Woodruff stated Director Nielsen's memorandum indicated there are two open questions
about the site. One is about removal of the blue tubes that protected some plantings and the other is about
area on the east end of the site between the pond and the access drive. He explained he understood Mr.
DelBusso will deal with the blue tubes. Nielsen stated he has not heard back from the Minnehaha Creek
Watershed District (MCWD) about whether or not the blue tubes can be removed or about the sparseness
of the area between the pond and the access drive. He thought most of the plantings in the blue tubes are
doing well, noting the City expected 10 percent to die. Woodruff assumed the lack of answers should not
affect installing the bench, to which Nielsen responded it would not.
Mayor Lizee stated she thought the City would receive an update from the MCWD this fall on Gideon
Glen.
Motion passed 5/0.
5. REPORTS AND PRESENTATIONS
A. City Hall Landscaping Update
Director Nielsen stated Mayor Lizee and he met with Mark Labaree and Jim Keller of Lan-De-Con to
discuss the landscape plan for City Hall. The representatives indicated the original sketch was like a
commercial plan and it was not in sync with what Council had suggested, noting that was his fault for not
providing them with that direction. The revised sketch is for substantially native plants, and is
considerably more in line with what the Council had suggested. Something similar to a dry -creek bed is
proposed to deal with the drainage to the east side of the entry into City Hall. It will flow down into a
small rain garden. The plan is to add additional evergreen trees on the berm area. Mr. Labaree suggests it
may be appropriate to locate the sign for Badger Field where the existing sign is located. The plan
indicates a mixture of colored plantings, and there will be some type of colored plants at all times during
the growing season. A new plan will be presented during the August 10, 2009, Council meeting with a
goal of beginning the project late August.
B. City Hall Project Update
Administrator Heck stated the meeting packet for this meeting contained a table reflecting the current
status of the project costs for the City Hall renovation. The estimated final cost is 104 percent of the
bonded amount of the project. He received a comment about the lack of hand rails on the handicap ramp.
The rails are not required by code and therefore were not included as part of the project. He received
another comment about the lack of an automatic door opener for handicap access being this project was
intended to make City Hall compliant with the Americans with Disabilities Act. This is not required by
code and therefore was not considered as part of the design of the project. Should Council desire to add it
Staff will get the cost to do so.
Heck explained the City has received one change order from the contractor and he has had numerous
discussions with the contractor about it. The change order is approximately $20,000. The final change
order is supposed to be signed off by the architect and contractor and that has not occurred.
Heck stated the City has received some information from the architect about additional fees the architect
is requesting. Some of the additional fees are related to changes made to the original design after Council
held the open house about the upcoming renovation. The changes included adding a bumpout, modifying
the foyer and a few other items. The architect originally wanted additional fees for the sprinkler design,
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and he thought he warranted more money because of the overall increase in cost for the project. Staff is
working with the architect to reduce the amount of additional fees.
Councilmember Bailey stated it was Council's intent to get feedback from residents about the design
during the open house. The request for more money because the design was changed to incorporate some
suggestions seems over the top. Mayor Liz& stated the architect knew early on that as part of the process
Council was going to hold the open house and that could result in changes. Councilmember Woodruff
stated the bumpout was included in the design prior to the open house. There was some discussion about
having the architect do something different with the bumpout with regard to the storage area. Director
Brown stated it was his recollection there were two items. The first being a suggestion made by
Councilmember Bailey who wanted some features added to the bumpout, and there was a bumpout for the
storage closet.
Councilmember Woodruff stated the bumpout was in the original design. If something else was changed
that's different.
Councilmember Zerby suggested the City hold some payment back until the air conditioning situation is
fixed. He again suggested he thought the landscaping work could be accomplished using existing staff.
Administrator Heck stated the City has not made any additional payments to the architect and the final
payment to the contractor has not been released. He indicated lie would be talking with the contractor
about completing the punch list.
C. Southshore Center Wrap Up
Administrator Heck stated the meeting packet contained a summary of the revenues and expenses for
Southshore Center operations for March through June 2009. Net revenues were $11,700 and expenses
were $10,151, not including soft expenses for legal fees ($8,000) and accrued staff time (approximately
$10,000 not including his time). During that period the Excelsior Historical Society terminated its rental
arrangement which had a fee of $250 per month, and two rentals (one for June and one for August)
totaling close to $1000 were cancelled because of the uncertainty of the Center. The City also didn't
process approximately 20 inquiries per month because of the uncertainty about the Center's future.
Heck then stated he will make the other four cities aware of what all of the expenses and revenues for
Center operations were.
6. PUBLIC HEARING
None.
7. PARKS
Chair Norman reported on matters considered and actions taken at the July 14, 2009, Park Commission
meeting (as detailed in the minutes of that meeting). He added that the first annual Garage Band Jam
event held on July 24, 2009, was successful; the turnout exceeded his expectations. He noted the winner
of the event will play at the Minnesota State Fair.
Councilmember Zerby stated the Park Commission indicated it may be able to expand park programming
because the Southshore Center is being run by Community Rec Resources. Zerby asked Chair Norman if
the Commission intended that to be fee based programming to cover the cost to rent the Center. Norman
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stated it could be that or the Commission could apply for grants to help defray the cost. In the past the
Commission has looked as the Center as possibly being an extension of the park system. Zerby clarified
the Center is not part of the park system; it's a community center for the five cities.
Councilmember Woodruff asked if any services Dick Osgood, with the Lake Minnetonka Association,
would provide to improve the Manor Park pond would be pro Bono. Chair Norman clarified the residents
invited Mr. Osgood to attend a meeting about the quality of the pond. Mayor Lizee stated Manor Park
neighborhood residents wanted a meeting to discuss the quality of Manor Park pond. Should a plan be
developed for testing and treating the pond she thought the City should hire Mr. Osgood to help with that
effort. She noted Mr. Osgood will make a presentation to the Park Commission during its August
meeting.
Councilmember Turgeon stated it is her recollection that the City spent about $5,000 on assessing the
pond a few years ago, and Julie Westerhmd with the Watershed District was involved with that. She
questioned if the results from that could be used. Director Brown clarified a different issue is being
discussed this time. He explained that last time Ms. Westerlund joined with the Park Commission to take
water samples; she donated her time to do so. The water samples were sent to Duluth for testing to
determine what type of algae was in the pond. The test results were inconclusive. It's his understanding
the neighborhood residents brought Mr. Osgood in to discuss if the pond could be treated. The pond is
very overgrown with lily pads which are a protected species; this could complicate matters. The pond was
constructed as a stormwater pond, and he believes it should stay as one. An outlet was added to the pond
to try and maintain the level of the pond. The residents are questioning if the water level was lowered or
maintained. The existing outlet had been plugged so something had to be done. Chair Norman stated the
Park Commission was doing its due diligence, and it understands that what is happening with the pond is
natural
Councilmember Bailey stated he appreciates the Park Commission thinking outside of the box with
regard to the Center, but he clarified the goal is to make the Center financially stable. Chair Norman
stated his intent was to start a dialogue about the Center.
A. Donor Policy and Request Form Updates
Administrator Heck stated the Park Commission created a Donor Policy in 1999 and the same policy is in
effect today. He noted the Policy has been used one time since then. During its July 14«' meeting the
Commission approved revisions to the policy which it had been working on for a number of months. The
revised policy addresses City-wide donations. The Commission also drafted a Donor Request Form and a
Donor Acceptance and Indemnification Agreement. The Agreement contains maintenance endowment
language and he questions if a separate endowment fund would have to be created for each donation.
Chair Norman stated other communities are considering requiring a base endowment to fund maintenance
for a period of time especially when there is a substantial infrastructure donation.
Councilmember Woodruff, who was the liaison to the Park Commission when the majority of the
discussion occurred, stated he thought the Commission did a great job with this. He noted the endowment
is not a requirement; Council and the Commission can decide if they want one. He suggested the phrase
"Park, in the City" be changed to in the City" in the Agreement.
Woodruff moved, Bailey seconded, approving the revised Donor Recognition Policy, the Donation
Request Form and the Acceptance and Indemnification Agreement. Motion passed 510.
CITY EGULAR COUNCIL MEETING MINUTES
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Councilmember Turgeon commented Commissioner Gagne summarized the meeting graciously.
A. Site Plan Review (Subway Restaurant)
Applicant: Brian Carney
Location: 5660 County Road 19
Director Nielsen stated Brian Carney, representing Carnco Properties, LLC, is purchasing the property
located at 5660 Manitou Road. Mr. Carney proposes dividing the existing building in two, using one half
of it for a Subway restaurant and the other half will be a future leasable area. Because the property is
zoned C-1, General Commercial, the project is subject to site plan review by the Planning Commission
and Council. The property has 35,920 square feet in area. It is occupied by a 3000 square foot building,
and there is paved parking in front of the building.
With regard to the analysis of the case, Nielsen reviewed how the applicant's request complies with the
requirements of the Shorewood Zoning Code:
Land Use - Restaurants without drive-up facilities are permitted uses in the C-1 zoning
district. The future leasable space would be limited to a standard retail operation because
of the lack of parking. Restaurants require a higher level of parking.
2. Building Setbacks - The existing building complies with the setback requirements of the
C-1 District which are 30 feet on the front and rear and 15 feet on the sides. The building
is 97 feet from the north property line.
3. Building Height - The existing building is one story and is less than 15 feet in height.
The C-1 District allows buildings to be three stories or 40 feet in height.
4. Parking - The original site plan included 54 parking spaces. The Zoning Code requires
51 parking spaces for the proposed use; 44 of them would be for the restaurant and seven
for the future space. The original plan did not comply with the five-foot setback
requirement on the south side. Staff asked the plan be revised to include a back-in space
for the end spaces. The revised plan eliminates the three southernmost spaces to resolve
the setback issue, and another one is designated to be used for an enclosed trashed area.
5. Building Construction - The existing building complies with the standards set forth in
Section 1201.03 Subd. 7.c. of the Zoning Code.
6. Landscaping - The landscape plan submitted was prepared by a registered landscape
architect. The original plan was quite sparse and not consistent with some of the City's
development guidelines, in particular the County Road 19 Corridor Study and the City
Code. For the most part, it eliminates all of the trees on the site to accommodate parking
and drainage improvements. A number of the trees that will be lost are Cottonwood trees
and they are not protected under the City's Shorewood Tree Preservation and
Reforestation Policy. The Cottonwood trees are the most noticeable because of their size.
There are some Ash trees and a substantial amount of Buckthorn that will also be
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removed. Some trees on the back of the site will be saved. The drastic alteration of the
site is mostly unavoidable.
Grading and Drainage - The property will be drained to the northwest corner of the site.
The City Engineer identified issues with the ultimate design, capacity and rate control.
The first site plan drained the water into a depression in the northwest corner. The water
would be stopped by what in effect would be an 11-foot berm with a 2:1 slope; the slope
is a concern to the Engineer. A pipe would allow the overflow water to flow into a
drainage system on the American Legion property which drains into Gideon Glen which
in turn drains into Lake Minnetonka. The applicant has submitted a couple of iterations of
the drainage plan. The most recent plan extends the existing pond on the American
Legion property to the applicant's property, and it moves the 2:1 slopes over to the
parking lot so the water is being held by a dam with 2:1 slopes on it. The concept of the
new plan is right, but it appears the volume and rate control numbers have not been
revised. Therefore, Staff is reluctant to recommend approval of the drainage plan.
Signage - The applicant has not provided any plans for signage. The property is allowed
three signs, one of which may be a freestanding pylon sign. It's assumed the allowable
signage will be divided between the two uses. Because the site is entered from Gideon
Glen, the City would allow a small directional sign at the driveway.
Nielsen explained the applicant has submitted a revised landscape plan which is much more substantial.
The applicant added evergreen trees along the back. The concept plan for the County Road 19 Corridor
Study stipulates that eventually the commercial sites along County Road 19 should have a backdrop of
evergreen trees. The Study calls for more decorative landscaping in the front of the buildings which the
revised plan shows. It also shows landscaping in the Hennepin Country easement area; it's unknown if the
County will allow that. On the north edge of the property the applicant added larger evergreen trees and
deciduous trees to soften this site from Gideon Glen as well as the residential properties to the north.
Room was left along the very north edge to allow for access to the ponding facility.
Nielsen stated Staff recommends Council approve the concept site plan and direct Staff to prepare a
resolution approving the site plan subject to the applicant resolving the drainage issue in the northeast
corner and revising the volume and rate control numbers to reflect tine newest design, resolving the
setback issues on the south property line, and relocating the trash enclosure to outside of the parking area.
Mayor Lizee suggested Council approve only the concept review plan because of the number of
outstanding issues.
Councilmember Zerby stated the number of trees that will be lost saddens him, noting some of the trees
are 24 inches across. Director Nielsen explained City Code requires deciduous trees between 8 and 12
inches in size be replaced by two 3-inch caliper trees. Trees more than 12 inches in size have to be
replaced by three 3-inch caliper trees. The maximum number of trees that have to be replaced per acre is
eight. Zerby stated he counted 23 trees that will be lost.
Councilmember Zerby stated the property connects to the gas station property on the south side of the
property. He expressed concern that people may cut through from the site property to the gas station
property. He questioned if it would be possible to install some taller curbing to keep people from cutting
through. Director Nielsen explained the site plan shows barrier curb around the parking lots. He
commented that the gas station is scheduled to be demolished within the next 30 days.
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Director Nielsen explained the City's Comprehensive Plan cites the entire northwest corner of the County
Road 19 and Smithtown Road intersection as a potential redevelopment area. The City had hoped for a
more cohesive development plan that included a number of the sites in that area. There is some
disappointment that this site is going to be redeveloped by itself. He commented that if a developer has a
viable use that works on the site the City can't stop the developer from redeveloping the site, and the site
plan does meet the C-1 districts requirements.
In response to a comment from Councilmember Zerby, Director Nielsen explained he did not think
deliveries would be made to the site by semi trailer trucks. It would more likely have to be some type of
single unit trucking.
Councilmember Zerby stated he assumed the applicant will submit a lighting plan, noting there are some
residential areas within the sight of this property. Director Nielsen explained the intent had been to have
the applicant submit a plan as when he applies for a permit, but the City will ask for a lighting plan
upfront.
Councilmember Turgeon noted the Planning Commission recommended approval of the concept plan.
Turgeon moved, Bailey seconded, approving the concept site plan for Brian Carney, 5660 Manitou
Road.
Councilmember Bailey asked if the applicant had given any indication of how lie intends to use the other
half of the building, to which Director Nielsen responded he had not.
Motion passed 5.0.
9. ENGINEERING/PUBLIC WORKS
A. County Road 19 / Smithtown Road Request for Advance Funds Municipal State Aid
Fund
Director Brown stated during its last Council meeting Administrator Heck presented supporting
information he had prepared about a new request for advance Municipal State Aid (MSA) funds for the
County Road 19 / Smithtown Road Reconstruction Project. At that time the State had not provided
enough details for Staff to prepare a resolution asking for the request. The City has since received the
necessary information, and the meeting packet for this meeting contains a draft resolution.
Brown summarized the Project costs. He explained the City's cost for the project (including design, right-
of-way acquisition, construction engineering and construction) totaled $1,720,665. Of that, $1,646,623.51
is eligible for reimbursement from MSA. The remainder ($74,041.49) is to be funded out of the City's
Local Roadway Fund. MSA is funded through the gas tax and held in an account at the State. The State
has already paid the City $879,556.48 for the Project, and the City is due another $767,067.03. The City's
current MSA balance is $362,720.54. Therefore, the resolution requests an advance in MSA funds in the
amount of $404,346.49 ($767,067.03- $362,720.54). This request will encumber the City's MSA Fund
for another 2.2 years. He noted that when this Project was let, the then Council was informed that the City
would have to ask for another MSA advance for this project, noting a city can only ask for an advance up
to three times its annual construction allotment to cover deficits.
Staff recommends Council adopt the resolutions requesting an advance in MSA funding in the amount of
$404,346.49 and direct Staff to send the resolution to the State.
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In response to a question from Councilme ber Bailey, Director Brown explained the City's Local
Roadway Fund has in effect t served as the bank account for this project. The advance will in part be used
to pay back this find.
Director Brown noted stated he has been working with five different State departments to gain
understanding of what is reimbursable as well as the City's advance funding opportunities. There may be
some variation in the numbers once the resolution is processed by the State.
Woodruff moved, Bailer seconded, Adopting RESOLUTION NO. 09-041, "A Resolution
Requesting Advance from the Municipal State Aid Fund in the amount of $404,354.49" recognizing
the amounts may very slightly. Motion passed 510.
Mayor Liz& thanked Director Brown for his tenacity in dealing with this Project.
B. Smithtown Lane Right-of-Way Acquisition
Engineer Landini explained the plans for the Smithtown Lane Road Reclamation Project identify the need
for additional right-of-way to construct a cul-de-sac at the end of Smithtown Lane to provide a safe
turnaround. In 2007 Hennepin County notified the City that Outlot A Smithtown Circle plat adjacent to
the property located at 26040 Smithtown Lane (which is owned by Richard and Joan Whetston) was in
forfeiture and was available for purchase. The City chose not to purchase the land at that time because it
did not have a need for it. Mr. Whetston has indicated they would be willing to exchange the tax forfeit
land for right-of-way to construct the cul-de-sac. State law dictates the City would have to purchase the
tax forfeit land at fair market value. The County has indicated the fair market value land is $500, and the
acquisition fees are $92.70.
Landini stated Staff recommends the City purchase the tax forfeit property and negotiate with Richard
and Joan Whetston for right-of-way.
Director Brown explained it is staffs' understanding that State Statute does not allow for a direct
exchange of properties; it must be done as two separate transactions. It appears the Whetstons are willing
to grant the easement; this would be one transaction. The City's acquisition of the tax forfeit land from
Hennepin County is the second transaction. Mr. Whetston is aware the City is attempting to acquire the
land and is willing to consider selling it to him, noting the price has not been determined.
Councilmember Woodruff commented the parcel sketch has two minor errors on it. Smithtown Lane is
spelled incorrectly, and Smithtown Road should be Smithtown Lane.
Woodruff moved, Zerby seconded, adopting RESOLUTION NO. 09-042, "A Resolution Approving
Land Acquisition for Right-of-Way Exchange for an Amount of $592.70." Motion passed 510.
C. Award Feasibility Study for Nelsine Drive
Engineer Landini stated he was going to discuss the feasibility studies for both Nelsine Drive and
Meadowview Road at the same time. Both of the roadways are in the 20-Year Pavement Improvement
Plan, and both are slated for improvement in 2010 as indicated in the Capital Improvement Program.
Landini explained Staff received four quotes from firms included in the City's Engineering Pool for the
feasibility studies for the two roads. TKDA submitted the low quote for the feasibility study and
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surveying for an amount of $6,298 plus $58 for travel and subsistence for each project. If TKDA is
awarded both projects, TKDA offers a cost reduction in the amount of $1,500 for each project. He noted a
sanitary cleaning and televising as well as a soils report will also have to be done. American Engineering
and Testing (AET) could perform both of those activities for an amount not-to-exceed $5,000 per project.
In response to a question from Councilmember Woodruff, Engineer Landini stated Council is being asked
to approve the proposals from the TKDA for engineering services for a feasibility report and surveying.
Council could also approve the sanitary cleaning and televising and soils report for an amount not to
exceed $5,000 per project. Landini noted he has received quotes from AET to do the sanitary and soils
related activities.
Woodruff moved, Turgeon seconded, approving the proposals from TKDA dated July 22, 2009, for
engineering services for a feasibility report and surveying for Nelsine Drive and Meadowview Road
for an amount not to exceed $6,298 plus $58 for travel and subsistence per project less a discount of
$1,500 per project, and authorizing Staff to order sanitary cleaning and televising as well as the
soils report for each project for an amount not to exceed $5,000 per project.
In response to a question from Councilmember Turgeon, Engineer Landini explained lie has a quote from
AET to do soil borings for both projects for a cost of $4,000 as well as a quote for sanitary cleaning and
televising for an amount of $1,800 per project.
Councilmember Bailey stated he would have preferred to have been presented a complete package for
each project to act on this evening.
Motion passed 510.
D. Award Feasibility Study for Meadowview Road
This was discussed as part of Item 9.C.
10. GENERAL/NEW BUSINESS
A. Council Policies and Procedures
Administrator Heck stated the meeting packet for this meeting contained the revised Council Policies and
Procedures document which includes the changes suggested by Council during its July 13, 2009, meeting.
The document also included some clarifying comments.
Council recommended the following changes be made to the documents.
➢ Item 2.4 Special Meetings - this states a special meeting can be called with a 24 hours
written notice, yet it also states a written notice will be delivered to each council member
three days before the meeting. This will be researched and clarified.
➢ Item 2.7 Quorum - change meeting to meetings.
➢ Item 3.4 Order of Business - change contucted to conducted.
➢ Item 3.6 Public Comments - add back the statement "The Council will not take action on
the issue raised at the meeting and the Mayor may limit the time allowed for such
comments."
➢ Item 3.7 Consent Agenda - changes recces to recuse.
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Item 6.3 Limitations Regarding Public Comments and Reports - there was clarification
of what this meant.
A Item 6.4 Written Correspondence - change "disposed of be between" to "disposed of
between"
Item 8.4 Audio and Video Recording - clarify special meeting recordings and note closed
door meetings are not video recorded.
Item 10.3 Adoptions - change "adoption at next" to "adoption at the next". There was
discussion about majority vote of the council. The document should specify the default is
State Statute or some other ordinance requirement for voting majority requirements.
Some motions only require a simple majority vote and others require a super majority
vote. Voting majority will be clarified in the document.
Item 11.1 Committees Designated - change "via general consensus" to "via consensus".
➢ General - the word mayor will be made to be consistent with regard to capitalization.
There was consensus to leave the side-bar comments in the document.
There was Council consensus to continue this item to the next Council meeting to provide Council the
opportunity to review the modified document.
B. Gideon Glen Memorial Bench
This was moved to Item 4.A on the agenda.
C. Planning Commissioner Appointment
Administrator Heck stated during its July 20, 2009, special meeting Council interviewed three applicants
for the Planning Commission vacancy. The applicants were Bethany Connelly, Ed Hasek and Brian
Kearns.
Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO. 09-043, "A Resolution Making
the Appointment of Ed Hasek, 24315 Yellowstone Trail, to the Planning Commission effective July
27, 2009, through February 29, 2012." Motion passed 4/0/1 with Zerby abstaining due to his
absence at the meeting.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Administrator Heck stated the ruling on the City's appeal for the Upper Minnetonka Yacht Chub case will
be posted on the Minnesota Courts website after 10:00 A.M. July 28`x'. He will download the ruling and
forward it to Council as soon as it's available. He then stated Kenny Devine would like to pursue an Eagle
Scout project which would entail restoring the Civilian Conservation Corps monument along Highway 7
just west of Old Market Road. Staff provided Mr. Devine with the name of the person in charge of
historic preservation at Mn/DOT as well as the contact for permits to work in the right-of-way.
Director Brown stated the Garage Band Jam event went off without a hitch. Unfortunately, later that
evening someone did considerable damage to the restrooms at Eddy Station. The restrooms have been
locked up because of the damage. The South Lake Minnetonka Police Department has been contacted.
B. Mayor and City Council
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In response to question from Councilmember Zerby, Director Brown stated the City has not received the
signs for Smithtown Road.
Mayor Lizee stated the Excelsior firefighters fund raising dance went well. She noted there is a South
Lake Minnetonka Police Department Coordinating Committee meeting scheduled for 5:30 P.M. on July
29`x'. Night to Unite is scheduled for August 4"'. Coffee with the Mayor is scheduled for August 8"'.
Councilmember Turgeon acknowledged Mike Hanks, with the Sun Sailor publications, was leaving to
work on the Bloomington publication. Mr. Hanks has reported on Shorewood events for more than 10
years.
12. ADJOURN
Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of July 27, 2009,
at 8:48 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
~ a
Christine Lizee, Mayor