07-12-10 CC Reg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 12, 2010
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Liz& called the meeting to order at 7:04 P.M.
A. Roll Call
Present. Mayor Liz6c; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen;
City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown;
and Engineer Landini
Absent: None.
B. Review Agenda
Turgeon moved, Woodruff seconded, approving the agenda as presented. Motion passed 510.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, June 14, 2010
Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of June 14,
2010, as presented. Motion passed 510.
B. City Council Work Session Minutes, June 28, 2010
Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of June
28, 2010, as presented. Motion passed 5/0.
C. City Council Regular Meeting Minutes, June 28, 2010
Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of June
28, 2010, as presented. Motion passed 510.
3. CONSENT AGENDA
Mayor Liz& reviewed the items on the Consent Agenda.
Turgeon moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda
subject to clarifying that Item 3.B is for a cost of $21,417.
A. Approval of the Verified Claims List
B. Award Preparation of Feasibility Report and Design for 2011 Road Reconstruction
Project
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July 12, 2010
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C. Accept Low Quote and Award Contract for 2010 Pavement Marking
Motion passed 510.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
None.
PARKS
A. Resolution Approving Change Order 1 for the Bituminous Overlay Project for
Silverwood Park Parking Lot Improvements
In response to a comment from Councilmember Bailey, Director Brown explained the 2010 Park Capital
Improvement Program (CIP) includes $22,000 for improving the parking lot in Silverwood Park. He
asked Midwest Asphalt,, the contractor selected to perform the 2010 bituminous mill and overlays project,
to submit a proposal via change order to make the improvements at Silverwood Park. He made the request
because of the attractive pricing the City received for the mill and overlays project. The total change order
quote is $11,972.50; it's a very good deal. Brown noted the Park Commission has not had the opportunity
to formally recommend this item for approval.
Bailey moved, Zerby seconded, Adopting RESOLUTION NO. 10 -036 "A Resolution Approving a
Change Order 1 for the 2010 Bituminous Mill, Overlays and Appurtenant Work, City Project No.
10 -06."
Councilmember Bailey stated he did not think there was any need for the Park Commission to have to
recommend approval of this item before Council adopts the resolution, noting he respects the Park
Commission's role.
There was Council consensus that it was not necessary to adopt the resolution contingent on the Park
Commission recommending moving forward with the improvement to the parking lot.
Motion passed 510.
8. PLANNING
No report was given.
9. ENGINEERINGfPUBLIC WORKS
Nothing additional to report.
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July 12, 2010
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10. GENERAL/NEW BUSINESS
A. Deer Management
Director Nielsen explained that during its March 22, 2010, meeting Council had again discussed the topic
of deer management. During that meeting Staff reported to Council that the outcome of the annual aerial
deer survey conducted under the guidance of the 'Three Rivers Park District indicated deer counts were up
in the City after the year long suspension of the deer management program. The count was up 42 from the
previous year, while noting the survey is just a snapshot. During that meeting, Council directed Staff to
contact Metro Bowhunters Resources Base (MBRB) to arrange for a deer removal program for 2010 and
to draft a formal deer management policy. During its May 24, 2010, meeting Council was presented with
a copy of the 2010 Hunt Rules and it approved the suggested deer removal dates for 2010.
Nielsen stated the meeting packet for this meeting contains a copy of the draft deer management plan. The
plan is somewhat of an expansion of the March 2010 Staff memorandum about deer management. The
document lays out a deer management strategy and it identifies numerical goals for the deer population.
Staff has discussed deer population goals with the Three Rivers Park District, the Department of Natural
Resources and other cities. After having those discussions Staff has recommended a goal of 15 deer per
square mile in the City, and the plan indicates no square mile area should have a population of more than
20. There are some deer concentration areas in the City that have considerably higher populations.
Nielsen then stated during August 2010 he will meet with the president of MBRB to identify
recommended sites for the hunt. The recommended sites will be presented to Council for consideration.
Highly populated areas will be the areas of concentration for the 2010 removal program.
Mayor Lizee asked if the City has been contacted by the Minnetonka Country Club (MCC) about again
conducting a removal on its property in 2010. Director Nielsen stated MCC usually contacts the City later
in the year.
Councilmember Turgeon asked if there was a better time of year than February to conduct the aerial
survey. Director Nielsen responded he did not think so.
Turgeon moved, Bailey seconded, directing Staff to prepare a resolution adopting the Wildlife
Management Plan for consideration on the consent agenda for the July 26, 2010, Council meeting.
Councilmember Bailey stated he thought it was a very good report and he appreciates the work Staff did.
Councilmember Zerby concurred with that.
Councilmember Zerby asked what it cost the City for the aerial survey. Director Nielsen explained the
City's share of the cost for the last survey was approximately $800.
Motion passed 5/0.
B. Water Brochure
Mayor Lizee stated Alan Wallner, with W Creative, was present to solicit Council's input on the draft
brochure about the City's municipal water system.
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July 12, 2010
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Mr. Wallner stated he wanted to make sure that the brochure accurately conveys what Council wants it to.
The brochure should be informative and effective. It's intended to get residents intrigued and to get a
dialogue started. There could be a web page on the City's web site where there will be additional
information about the water system.
Councilmember Turgeon stated she thought Mr. Wallner brought all of the information together quite
well. She suggested the word "got" be removed from the statement "Got Road Construction Coming ?"
She also suggested the statement about volatile organic compounds have a period at the end of it. She
indicated if those two changes were made, she would be quite happy.
Councilmember Zerby recommended explaining what costs are based on. For example, the costs are
based on 2010 costs. He suggested the statement about the benefits of rising property values and lower
insurance rates be softened somewhat. Someone should check with a real estate agent and an insurance
broker to determine if those benefits can be validated. He thought the softening could be accomplished by
adding the word "may."
Councilmember Bailey expressed discomfort about the phrase "Studies suggest a growing number of
people prefer the security, reliability, and convenience of city water." The City has been challenged on
the validity of studies before. Mr. Wallner stated he will reword that.
With regard to a comment from Councilmember Zerby, Director Brown explained City water is tested
monthly for coliform bacteria and it's tested annually for things such as nitrates, arsenic, volatile organic
compounds, lead and more.
Mayor Lizee suggested that under the the of Rest Assured the statement about the State of Minnesota
recommends testing once a year be clarified to state the recommendation is for private wells.
Councilmember Woodruff recommended the abbreviation for thousand be replaced with the actual
numbers throughout the brochure. The word split should be replaced with assess or assessed throughout.
The brochure needs to be corrected to say Council makes any decision to start a water main installation
project or to kill a project. Residents can express their agreement or disagreement about water main
projects. The statement beginning with "A blank check" should be reworded. The statement "city workers
install water main during road construction" is not true; contractors do the installation. The word paid in
the phrase "the $7,000 - $10,000 you paid" should be changed to were assessed. The concept of the
connection fee needs to be explained more frequently in the brochure.
Councilmember Zerby recommended replacing the City Engineer's name and direct phone number with
his title and the City Hall main phone number. Things change over time. He suggested adding the word
private to the statement "The short-term view: wells are cheaper ".
Mayor Lizee stated it's her understanding that in accordance with state law unused wells must be sealed.
Director Brown confirmed that. Lizee recommended that be corrected in the section of City Water Facts.
There was consensus to replace "roughly $35 /month" with a "minimum of $17.50 /month ".
In response to a statement from Councilmember Woodruff Director Brown explained private wells can
be drilled as deep as city wells; it's all a matter of what the resident wants to pay. The brochure will be
clarified.
Councilmember Woodruff suggested including the word private in the statement "Shorewood city water
is softer than area well water ". He stated he thought the statement in the brochure by Mayor Lizee which
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July 12, 2010
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is "I think there is true value in the safety and reliability of city water. This is a big picture issue — it's
about making the right investment." was subjective. He did not think the brochure should contain such an
editorial comment without there being sufficient backup. Councilmember Turgeon stated it was a
personal comment not a statement from the City. Liz& stated she stands behind her comment.
Councilmember Zerby stated he did not think the pictures in the brochure with children related to water.
Mr. Wallner stated the pictures are there to try and connect with residents. One way to connect to the
future is through children. Mayor Lizde expressed her support for the pictures.
Mayor Liz6e stated she liked the brochure and she thanked Mr. Wallner for his efforts.
Councilmember Woodruff stated Mr. Wallner has moved the City a whole lot closer to having a brochure
and he has done so relatively fast.
Mr. Wallner stated he will have a new draft of the brochure available for the July 26` Council meeting.
He noted the brochure is scheduled to go to the printer on July 28`
C. Authorize Expenditure of Funds for Roof Repairs, Public Works Facility
Administrator Heck explained the single ply roofing on the Public Works facility is shrinking and pulling
loose at the edge of the roof. Building Official Pazandak obtained quotes for repairing the edge of the
roof. The low quote is from Incline Exteriors for the amount of $4,160. He related that Pazandak
recommends repairing the roof when the weather accommodates the best conditions for the installation
and lower labor costs. Pazandak estimates the repairs should last 7 — 10 years. Heck noted an area of the
roof where there was a leak has been repaired.
Staff recommends accepting the low quote from Incline Exteriors. The 2010 Public Facilities Capital
Improvement Program (CIP) has allocated $10,000 for the repair.
Woodruff Moved, Turgeon seconded, directing Staff to initiate the roof repairs for the Public
Works facility and accepting the low quote from Incline Exteriors in the amount of $4,160. Motion
passed 510.
D. Authorize Expenditure of Funds for Roof Repairs, SE Area Well and Filtration
Plant
Administrator Heck stated the SE Area Well Building and Filtration Plant roofs need to be repaired. The
shakes on the building roof needs to be replaced with new shakes or new asphalt shingles. The Filter Plant
roof needs to be replaced. The repairs are not budgeted for in the 2010 CIP. The costs will be paid for out
of the Water Fund.
In response to a comment from Councilmember Woodruff, Director Brown explained the cupola on the
Well building is a decorative item.
Councilmember Zerby asked what the total cost of this request is. Director Brown explained based on
Building Official Pazandak's report to Administrator Heck the quoted cost to replace the Filter Plant roof
is $7,530. Replacement downspouts for that roof are $400. The cost to replace the roof on the cupola is
$460. The cost to replace the shakes on the Filtration Plant roof with new shakes is $4,312, while the cost
to replace the shakes with asphalt shingles is $2,172. Council needs to decide if it wants to make repairs
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July 12, 2010
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to the cupola roof and whether it wants to replace the SE Area Well building roofing with shakes or
singles.
Mayor Lizde recommended re- roofing the SE Area Well building with asphalt shingles.
There was consensus not to re -roof the cupola and to replace the SE Area Well building roofing with
asphalt shingles.
Zerby moved, Bailey seconded, directing Staff to initiate the roof repairs for the SE Area Well
Building and the Filtration Plant and accepting the low quote from Incline Exteriors in the amount
of $10,642 to replace the roof and downspouts and install roof installation on the SE Area Filtration
Plant, and to replace the shakes on the SE Area Well Building roof with asphalt shingles. Motion
passed 5/0.
Councilmember Bailey requested that in the future the council action form include where the funding for
projects is proposed to come from.
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Administrator Heck stated he attended a Minnehaha Creek Watershed District (MCWD) public hearing
on July 8` about proposed MCWD rule changes. He noted Mayor Liz6e and Couneilmembers Woodruff
and Zerby also attended the meeting. He explained he thought the exceptions for single family residential
properties for the Wetland Protection Rule are not very clear and he recommended developed single
family residential properties be exempt from the Wetland Protection Rule. He stated the MCWD will
meet on July 15 " to discuss the comments made during the public hearing, noting he cannot attend that
meeting. He noted the MCWD is not going to have any more public hearings on the Wetland Protection
Rule and the Shoreline and Streambank Stabilization Rule. Councilmember Woodruff clarified the
revised rules could possibly be adopted on July 15 "', but the rules would not take affect until the
Stormwater Management Rule is completed and adopted.
Heck then stated there is a South Lake Minnetonka Coordinating Committee quarterly meeting scheduled
for July 21, 2010, at 5:00 P.M. There is also a Mound Fire Department meeting scheduled for the same
day. There is an Excelsior Fire District Operating Committee meeting scheduled for July 14 "'.
Director Nielsen stated MCWD staff attempted to remove the blue tubes in Gideon Glen. They gave up
on their attempt because of the number of wasps in the area. They will try to remove the tubes on a rainy
day.
Director Brown stated the first layer of asphalt has been put down on Smithtown Lane and the area has
been sodded. The final lift of asphalt should be put down on Smithtown Lane and Harding Lane in the
next couple of weeks. Nelsine Drive was paved with the first course of asphalt on July 9"'. The storm
sewer has been installed on Wild Rose Lane and Meadowview Road, and the contractor is working on
drain tile. The mill and overlays of Meadowview Road and Eureka Road South will begin on July 19"'; it
was delayed because of rain.
Councilmember Bailey asked if the City was going to submit a proposal to provide fiscal agent services to
the Excelsior Fire District. Administrator Heck stated he did not it would be an appropriate time to take
that responsibility on because the City is currently without a finance director and it will take the new
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July 12, 2010
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director time to come up to speed. Councilmember Turgeon and Councilmember Woodruff agreed with
that.
B. Mayor and City Council
Councilmember Turgeon stated she received a letter from Minnesota Senator Olson regarding a
representative in Vadnais Heights who is trying to get Lake Minnetonka Conservation District (LMCD)
disband. In her letter Senator Olson asked if there was any interest in having a meeting with her on the
topic. Turgeon asked if there was any interest in doing that. Administrator Heck stated Councilmember
Woodruff, the City's representative on the LMCD, had forwarded the letter to him and he has not
contacted Senator Olson about it. Mayor Liz6c stated Senator Olson's intent is to share information and
solicit feedback. Liz6c stated she has asked Senator Olson to consider a meeting with a few cities or all of
the Lake Minnetonka cities at the Southshore Community Center rather than visiting each city separately.
Councilmember Woodruff thought it would be prudent to have a meeting with the cities about the LMCD
and its future.
12. ADJOURN
Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of July 12,
2010, at 8:05 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
`
Christine Lizke, Mayor