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03-22-10 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 22, 2010 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Absent: None. B. Review Agenda 5755 COUNTRY CLUB ROAD COUNCIL, CHAMBERS 7 :00 P.M. Turgeon moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 8, 2010 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of March 8, 2010, as amended in Item 6.A, Page 3, Paragraph 4, Sentence 7 change "DRN" to "DNR ". Motion passed 5/0. oleo W.X" 040 13.1 Mayor Liz& reviewed the items on the Consent Agenda. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Union Agreement C. Approval of a Preliminary Plat Extension Applicant: Bill Erickson Location: 27930 Smithtown Road Councilmember Zerby stated based on the verified claims report in vendor name order it appears that the Finance Department and the Planning Department both are paying for memberships to COSTCO. He asked if it's possible to have combined membership. He suggested that the check(s) to COSTCO be pulled until that question can be researched. Motion passed 5/0. CITY OF SHOREWOOD REGUIAR COUNCIL MEE`rI C MINUTES March 22, 2010 Page 2 of 8 4. MATTERS FROM THE E FLOG There were no matters from the floor presented this evening. 5. PUBLIC HEARING A. Repo o n Lake Minnett. nka Co oCo mmission R epresentat i ve 1' The meeting packet for this meeting contained a copy of a report from Ken Hendrickson, representative to the Lake Minnetonka Communications Commission (LMCC), on LMCC activities. Mr. Hendrickson was not able to be in attendance this evening. Council accepted the report from Mr. Hendrickson as presented. 7. PARKS No report was given because there had not been a Park Commission meeting since the last City Council regular meeting. A meeting is scheduled for March 23, 2010. F�l IGh[►1�►[t� Planning Commissioner Geng reported on matters considered and actions taken at the March 16, 2010, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Liz6e suggested there be a joint meeting of the City Council and the Planning Commission and the Park Commission in late April or early May to discuss potential projects for 2010 prior to the 2011 capital improvement program and operating budget being established. 9. ENGINEERING/PUBLIC WORKS A. Public Information Meeting Regarding Storm Water Pollution Prevention Program Mayor Liz6e opened the Public Information Meeting at 7:11 P.M. She asked Engineer Landini to give a brief presentation about the City's Storm Water Pollution Prevention Program (SWPPP). Engineer Landini stated that holding a public information meeting about the City's SWPPP was a requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water permit, a permit required by the Federal Clean Water Act. Landini explained the City's SWPPP had six minimum control measures (MCMs) which are used to evaluate the City each year. He reviewed the measures and what progress the City had made in 2009 to satisfy each measure. MCM 1 — Public Education and Outreach CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 22, 2010 Page 3 of 8 Published ten water quality related articles in the Shore Report. This public information meeting was advertised. The City hosted two rain garden seminars. "The seminars were advertised. The City installed a demonstration garden in Freeman Park. MCM 2 — Public Participation and Involvement ® Held a public information meeting on the SWPPP in 2007 — 2009 which no one attended. This meeting would satisfy the requirement for 2009. ® MCM 3 - Illicit Discharge and Detection Elimination ® Continued to minimize intentional discharges (illicit discharges) into State waters. An illicit discharge could be something such as dumping paint in a storm drain to dumping trash in the woods. The City coordinated an annual clean -up event to provide an economical opportunity for residents to dispose of things. MCM 4 — Construction Site Storm Water Runoff ® Conducted construction site erosion control inspections during building inspections, in response to complaints, and after a one -half inch 24 -hour rainfall events. The frequency of inspections varied. ® MCM 5 — Post Construction Storm Water Management ■ Adhered to the Minnehaha Creek Watershed District's regulations regarding post construction storm water management (the majority of the lands inside the City were within the MCWD jurisdiction). The City Code Zoning and Subdivision Regulations 1201.26 Subd. 8 addressed post construction storm water management for lands outside of that jurisdiction. MCM 6 — Pollution Prevention and Good Housekeeping ■ Continued to sweep the City streets, protect the stock piles located at Public Works, inspect outfalls and ponds (ten ponds must be inspected each year), and applied road salt sparingly when needed. Councilmember Zerby asked who is responsible for removing illicit discharge material placed on property owner's property by someone else. Director Nielsen explained that ultimately it's the property owner's responsibility. Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public testimony portion of the Public Information Meeting at 7:17 P.M. Mayor Lizee expressed her disappointment that residents do not attend this informational meeting. She then stated she thought residents seem to be aware of programs the City has implemented, the quality seminars Staff has prepared and conducted were well attended, and residents thought the publications in the Shore Report and information on the City's website were useful. Zerby moved, Turgeon seconded, directing Staff to Prepare a Record of Decision Regarding the City's Storm Water Pollution Prevention Program. Mayor Lizee closed the Public hlformation Meeting at 7:18 P.M. 10. GENERAL/NEW BUSINESS A. Authorize Submittal of Grant Application for Hennepin County Sports Grant CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 22, 2010 Page 4 of Administrator Heck explained that staff has been working on a grant proposal through the Hennepin County Mouth Sports Grant Program to cover part of the cost of the remodeling / addition to the shelter in Manor Park. The 2010 capital improvement program (CIP) has a budget of $120,000 for the improvements. The estimated cost for the structure is estimated to be $70,000 at this tirne. As part of the improvements staff recommends installing a standalone picnic shelter for an additional estimated amount of $15,000. After staff started working on the grant application it became aware of another grant opportunity to cover part of the cost to install a boundless playground (i.e., a handicap accessible playground structure). There are no boundless playgrounds in the South Lake Area. There is one in Eden Prairie. The playground in Manor Park was installed in 1993 and it scheduled to be upgraded in 2014, noting the CIP has $50,000 budgeted for the upgrade. Staff has expanded the scope of the grant application to include the boundless playground. The estimated cost of the total project is $225,625 and the grant application is for $112,812. Heck then explained if the City is not awarded the grant it is not obligated to follow thru with installing a boundless playground. If part of the grant is awarded the City may be able to work with the County to remove the playground component, noting that has occurred in two similar instances. The City will make the improvements to the shelter independent of what occurs with the grant application. Heck stated the Park Commission is not aware of the inclusion of the boundless playground in the grant application because it has not met since staff became aware of the opportunity. The Park Commission meeting scheduled for March 9, 2010, during which this would have been discussed was cancelled due to the lack of a quorum. A Park Commission meeting is scheduled for March 23, 2010. Heck explained Council is being asked to consider authorizing staff to file the grant application and executing the grant agreement if the City is awarded a grant. Mayor Lizee extended her compliments to the staff for finding the grant opportunities. Administrator Heck stated he had encountered Hennepin County Commissioner Callison at a meeting and he informed Callison that the City may file a grant application. Administrator Heck explained the grant application must be filed by March 29, 2010. Councilmember Turgeon expressed her appreciation of staff's efforts to seek out grants. She then expressed concern about approving the expanded application before the Park Commission has had the opportunity to discuss the boundless playground component. The playground is not part of the Park CIP. She questioned if Council could authorize this subject to the Park Commission being in support of it. Councilmember Bailey stated the application could be withdrawn if the Commission had a major problem with this. Turgeon stated she did not want to set a precedent with how grant applications are processed. She did not want to change the existing process where Commissions discuss a potential grant application to ensure the grant project work within the Commissions' plans prior to Council consider the application. Councilmember Zerby stated it would have been nice if the Park Commission had already weighed in on this first, but because they had not had their March 9"' meeting the deadline for filing the grant does not allow for that. He thought the City should seize the opportunity to file the application and he did not think this would set a precedent. Councilmember Woodruff stated the $120,000 budgeted in the 2010 Parks CIP for improvements to the Manor Park shelter is supposed to be a very high estimate and Council left the estimate high because it was confident the cost would not be anywhere near that amount. It's his understanding that the Park B. Deer Management Director Nielsen explained that in 2007 the City initiated a Deer Management Program (DMP) in response to resident complaints about the increasing deer population in the City. Each February in 2007 — 2010 the City contracted to have an aerial survey done in order to gain some understanding of the density of deer in the City. The aerial survey counts were 121 in 2007, 74 in 2008, 64 in 2009 and 106 in 2010. In 2007 and 2008 the City contracted with Metro Bowhunters Resources Base (MBRB), a nonprofit organization, to conduct a series of controlled hunts. MBRB removed 26 deer in 2007 and 23 in 2008. The Minnetonka Country Club, which was also authorized to remove deer from its property, also removed 11 deer in 2007 and 8 in 2008. For 2009 the Council chose to suspend the program pending the 2010 survey results and resident feedback about resuming the program. Nielsen stated Staff did some research during the past year and has some recommendations based on information from the Minnesota Department of Natural Resources (DNR), the Three Rivers Park District and other communities regarding what a manageable herd size should be in the City. Feedback suggests the herd size be 15 — 25 per square mile. The 25 count is on the high side and is from the District, noting the District manages for habitat. The District suggested less than 25 for the City. Staff suggests the count be 15 per square mile and there are approximately 5.5 square miles in the City not including water bodies but including wetlands. Nielsen explained the survey reflects there are areas of deer concentration. The area to the east of Silver Lake and near Christmas Lake has a fairly heavy concentration. There is a very heavy concentration south of Highway 7 between Galpin Lake and Christmas Lake. There is another area of concentration in the northern part of the western part of the City, and one in the southwest part of the City. The areas of higher concentration correlate to better habitat areas. He cautioned that the aerial survey reflects a snapshot in time, but it does provide some indication that the deer population increased during the twelve month period. Nielsen stated Staff suggests the City establish a goal as part of its DMP with part of the goal being the City does not want to eliminate all white- tailed deer in within the City limits. He read the DNR's goal for management of white - tailed deer. "Manage white - tailed deer populations within the city as socially Councilmember Zerby stated he has received a number of positive comments from residents about the articles about feeding deer. He indicated he was okay with the deer threshold Staff was recommending. He asked if the harvested deer could be donated to charity organizations. Director Nielsen explained the MBRB hunters have the right to keep any deer they have harvested because they use their own seasonal license to hunt, they can also donate it to food shelves or they have a list of people who would like the harvest. Councilmember Zerby suggested maybe the City find a way to recognize MBRB hunters who donate any harvest to charitable organizations. Councilmember Woodruff stated he did not think it was appropriate to establish a deer threshold for the entire City. He recommended establishing a threshold of 15 — 25 deer for each area of high concentration. Councilmember Zerby stated the areas of concentration have different characteristics; therefore, he was not sure the density of deer should be the same for the areas. Councilmember Woodruff stated Council had previously received information about a plan the City of Burnsville had prepared about deer management and lie thought there was some useful information in there that the City could consider adopting. The Burnsville plan indicates it also does "browse" surveys. He questioned if the City could consider having scouts take such a survey as an Eagle Scout project. He asked Staff to contact Burnsville staff and ask what Burnsville's experience has been with its deer feeding ban. CITY OF SHOREWOOD REGULAR COU CIL MEE'rING MINUTES March 22,2010 Page 7 of Bailey moved, Turgeon seconded, directing Staff to contact Metro Bowhunters Resources Base to arrange a deer removal program for 2010 and to draft a formal Deer Management Program policy. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the meeting packet for this evening contains a list of grants the City has either applied for or is considering applying for. The list will be presented to the Park Commission during its March 9, 2010, meeting. Administrator Heck sated he attended a meeting hosted by the Minnehaha Creek Watershed District (MCWD) on March 16, 2010, and the purpose of the meeting was to discuss potential changes to the MCWD's Rules D and F. He also attended a meeting on March 17, 2010, of many of the Lake Minnetonka area cities' elected officials and administrators coordinated by the City of Mound to discuss the changes. The administrators will get together to prepare a joint response to the MCWD. There is a key concern over the MCWD's continued inclusion of single - family residential properties in the setback requirements. Another key concern is with the language for shoreline stabilization and stream bank stabilization, noting the MCWD is softening its requirement. He commented that Councilmembers Turgeon and Woodruff attended the March 17` meeting. Councilmember Woodruff stated a number of the Lake area cities were represented at the March 17"' meeting. Hennepin County Commissioner Callison and several representatives from the MCWD were also present. From his vantage point he thought some of the language for the proposed changes was unclear and he thought the administrators could address that. He then stated he volunteered Administrator Heck to continue his participation. Administrator Heck stated the administrators will meet March 25"' to start to draft a response. He then stated there is legislative conference scheduled for March 25 ". There is an Excelsior Fire District Board meeting on March 24"' 3. February 2010 Financial Report Councilmember Bailey stated it appears that through February 2010 the expenses are $96,000 favorable with most of the favorability being personnel costs. He asked Staff to comment on that. Administrator Heck explained there were only four pay periods in the January — February time period. There will be three more during March; that should reduce that favorability. Bailey stated snow and ice expenditures are approximately $15,000 unfavorable. Heck explained February was a heavy snow month and March to date has been a dry month, which should help offset the expense overage. Heck stated that it appears in the last three years that the City has had more snow during February — March then in previous years. B. Mayor and City Council Mayor Liz6e encouraged residents to fill out and mail in their census forms. CITY OF SHORE WOOD REGULAR COUNCIL MEE MINUTES March 22, 2010 Page 8 of 8 12, ADJOURN Zerby moved, Turgeon seconded, Adjourning the City Council Regular Meeting of March 22, 2010, at 8:03 P.M. Motion passed 5/0. I cjma� Christine Liz6e, Mayor