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08-08-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 8, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizde called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Siakel, Woodruff and Zerby; Attorney Keane; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landim Absent: Couneilmember Hotvet; Administrator Heek B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 25, 2011 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 25, 2011, as amended in Item 2, Page 3, Paragraph 6, Sentence 1, change "530,000 was recently spent on the SSCC" to "30,000 was recently spent on the SSCC for a sign ". Motion passed 4/0. B. City Council Regular Meeting Minutes, July 25, 2011 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of July 25, 2011, as presented. Motion passed 4/0. C. City Council Executive Session Minutes, July 25, 2011 Zerby moved, Woodruff seconded, Approving the City Council Executive Session Minutes of July 25, 2011, as presented. Motion passed 4/0. D. City Council/Planning Commission Work Session Minutes, August 1, 2011 . Woodruff moved, Zerby seconded, Approving the City Council/Planning Commission Work Session Minutes of August 1, 2011, as amended in Item 2, Page 3, Paragraph 3, change "Horton" to "Wartman ". Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 2 of 8 Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. 2011 Deer Management Program (This item was moved to Item 8.0 under Planning) C. Appeal Notice to Remove — Tom Anderson Motion passed 4/0. 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 No report was given because there had not been a Park Commission meeting since the last Council meeting. 8. PLANNING No report was given. A. Donna Balgard Conditional Use Permit for Fill in Excess of 100 Cubic Yards Director Nielsen explained Donna Balgard owns the property located at 26100 Smithtown Road. The property is zoned R -1 A, Single - Family residential and it is just shy of one acre in size. The property is bounded on its north, east and west sides by wetland. Ms. Balgard intends to replace her existing home with a new one. As part of doing that her contractor proposes raising the grade over about one -third of the property one to two feet to mitigate drainage issues that have plagued the existing house. The contractor estimates the proposed grading plan will require approximately 2150 — 2600 cubic yards of fill be brought on to the site. The City's Zoning Code requires a conditional use permit (C.U.P.) for fill in excess of 100 cubic yards. None of the fill will go into the wetland area. The Minnehaha Creek Watershed District has approved the applicant's grading, drainage and erosion control plan. Nielsen then explained the C.U.P. process for fill/grading projects serves several purposes: heightened scrutiny on drainage issues; control over traffic patterns for trucks hauling in fill; and, advising local residents of what can amount to a dramatic change in terrain. Nielsen went on to explain that 2100 cubic yards of soil requires 210 deliveries by ten -yard dump trucks. The City Engineer recommends the truck traffic be limited to Smithtown Road either west to and from State Highway 7 or east to and from County Road 19. Streets such as Cathcart Drive, Eureka Road and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 3 of 8 Strawberry Lane should not be used by the trucks. The hours of delivery of the fill are 7:00 A.M. — 7:00 P.M. Monday through Friday and 8:00 A.M. — 6:00 P.M. on Saturday (normal construction hours) must be strictly adhered to. No deliveries are allowed on Sundays. The draft resolution granting the C.U.P. stipulates there shall be no stacking or parking of delivery trucks on Smithtown Road. Should that occur a "stop work order" will be issued until the delivery schedule is worked out. The Engineer has also made a number of recommendations with regard to the site grading and the Planning Commission suggested they be included in the resolution. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 11 -043 "A Resolution Granting a Conditional Use Permit to Place Fill in Excess of 100 Cubic Yards for Donna Balgard for the property located at 26100 Smithtown Road with the understanding that the City Engineer's recommendations for fill and grading have to be met." Motion passed 4/0. B. Otting House Moving Permit Director Nielsen explained the house and garage on the property located at 26100 Smithtown Road were originally going to be demolished. The owner of the property located at 26270 Smithtown Road arranged to buy the detached garage and move it on to her property. When a house moving company came out to give on bid for relocating the garage he arranged with Donna Balgard (the owner of the 26100 Smithtown Road property) to move the existing house on the property out of the City. The City has a housing moving ordinance and it was designed primarily to address moving buildings into the City. The ordinance does address the route and time of move, obstructions, licensing and bonding of the mover and so forth. The route for the house will be to go west on Smithtown Road to Highway 7. The City's Building Official inspected the garage and found it to be sound. The proposed location for the garage complies with the City's setback requirements. The Minnehaha Creek Watershed District reviewed the request and determined there will not be any impact on the wetland adjoining the east side of the 26270 Smithtown Road property. Nielsen noted Staff and the Planning Commission recommend approving the moving permit for both the house and garage. Mayor Lizke thanked the Planning Commission, the Planning Department, Nancy Wilson (the owner of the 26270 Smithtown Road property) and Ms. Balgard for their efforts to keep the house and garage from going into a landfill. She asked if the South Lake Minnetonka Police Department has been made aware of when the buildings will be moved. Director Nielsen explained the moving company has the responsibility for doing that. Woodruff moved, Siakel seconded, granting a house and garage moving permit to Offing House Movers. Motion passed 510. Brett Palesch, with the Colfax Companies, noted that Ms. Balgard is giving the house away C. 2011 Deer Management Program This item was removed from the consent agenda at Councilmember Siakel's request. Councilmember Siakel stated during the month of February the City contracted to have an aerial survey done in order to gain some understanding of the density of deer in the City. She asked: what the estimated number of deer is based on the survey done this past February; what the sustainable number for the City is; and what the harvesting quota is for the 2011 removal program. She also asked if feeding deer is a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 4 of 8 problem or is the problem the low harvesting results from the fall removal program. She went on to ask if the City has ever considered having the harvesting efforts continue until the harvesting quota has been reached. Director Nielsen explained the City's Wildlife Management Plan for White - Tailed Deer states the City's goal is to manage the deer population to 15 per square mile of Land in the City. That equates to 75 — 90 deer for the entire City. He noted the aerial survey reflects a snap shot in time. He explained the City's deer population is estimated to have ranged from 70 to 125. The count on the 2011 serial survey reflected 146. Because of the amount of snow this past winter the deer were easier to count. He stated the number of weekends harvesting will be done for 2011 has been increased to five from four. Some of the harvesting sites provide for better harvesting opportunities. In the past residents have requested deer be harvested from their property. This year the City is also approaching property owners and asking if they would allow harvesting to be done on their property. He noted that it would be incredible if 50 deer were harvested during the 2011 removal efforts (harvesting 50 deer would potentially bring the deer population in the City close to the desired goal). The most that have harvested to date has been 26. Councilmember Siakel asked why there will only be five harvest weekends. Director Nielsen explained the harvesting efforts can't be started until deer hunting season opens. Also, the harvesters do not want to hunt the same site two weekends in a row. Nielsen stated for the 2011 harvesting season some new sites have been added and sites where few deer have been harvested in the past have been eliminated. Councilmember Woodruff commented that in 2010 a deer management plan was approved and that plan identified deer population goals. He asked Director Nielsen if he had any idea how many Metro Bowhunters Resources Base (MBRB) bowhunters will participate in the 2011 harvesting effort. He also asked if there are any limits to the number of deer each bowhunter can harvest. Nielsen stated in the past there have been 20 — 25 bowhunters that have participated in the effort and there is no limit on the number a bowhunter can harvest. During MBRB's orientation session held in October MBRB representatives will remind the hunters that the goal of the effort is deer removal. The bowhunters will also be encouraged to harvest deer without antlers. Councilmember Siakel asked why a harvesting goal can't be set. She stated even if the City adopts an ordinance to ban the feeding of deer the deer are still going to eat residents' plants and shrubbery. She then stated she thought the best way to mitigate the damage deer do to plantings on residential property is to control the number of them in the City. Director Nielsen noted feeding deer is not good for them and it concentrates them in areas they would not normally concentrate in. Nielsen explained having better harvesting sites should increase the removal count this year. He stated there is some consideration being given to harvesting on Friday evenings of the removal weekends this year. He then stated if at the end of the 2011 removal effort the City is half way to its deer density goal of 15 per square mile he would be pleased. Zerby moved, Woodruff seconded, approving the suggested deer removal dates of October 7 — 9, October 21 — 23, November 4 — 6, November 18 — 20, and December 2 — 4. Motion passed 510. 9. ENGINEERING /PUBLIC WORKS A. Accepting Low Quote and Awarding Contract for Storm Sewer Televising Engineer Landini explained the City requested quotes from five firms for televising the storm sewer near the Silver Lake outlet. Two firms responded. The low quote is from Midwest Trenehless Technologies in the amount of $3,561.22. The other quote is from Infratech in the amount of $3,745.10. This proposed CITY OF SBOREWOO,D REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 5 of 8 2011 project entails televising 2,639 linear feet of storm sewer and inspecting 29 maintenance holes. The purpose of the project is to ensure the storm sewer is not a significant source of sediment entering into Silver Lake. These efforts are in preparation for the Silver Lake outlet improvement project. He noted the project will be funded out of the Storm Sewer Fund. It has not been budgeted for. There is a sufficient balance in the Fund. In response to a comment by Councilmember Zerby, Engineer Landim explained that if any problems are found in the storm sewer structure they will have to be repaired and such repairs have not been budgeted for. Zerby asked if the Minnehaha Creek Watershed District (MCWD) has given any consideration to financing any of the Silver Lake outlet improvement project and the storm sewer project. Landini explained he is scheduled to attend a MCWD meeting mid August to discuss some grant municipal cost sharing projects. Zerby moved, Siakel seconded, to accept the quote from and award the contract to Midwest Trenchless Technologies for storm sewer televising for an amount not to exceed $3,561.22. Motion passed 510. 10. GENERAL /NEW BUSINESS A. South Lake Minnetonka Police Department 2012 Budget Mayor Lizee stated during its July 20, 2011, meeting the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee accepted, on a 4/0 vote, the SLMPD 2012 Operating Budget Proposal as presented and it directed that it be forwarded to the member City Councils with a recommendation for approval prior to September 1, 2011. A copy of the budget proposal is included in the meeting packet. She noted the Excelsior and Greenwood City Councils have unanimously approved the budget and the Tonka Bay City Council will take action on it tomorrow evening. She also noted SLMPD Chief Litsey and SLMPD Lieutenant Pierson were present this evening. SLIvIPD Chief Litsey thanked those Councilmembers who were able to attend Night to Unite neighborhood meetings on August 2n for doing so. He also thanked those Councilmembers and staff members who were able to attend the recent Emergency Preparedness Seminar held on August 3r for doing so. He then thanked Director Brown for his presentation during the Seminar on warning sirens in the SLMPD community. Chief Litsey gave a short presentation about the proposed 2012 South Lake Minnetonka Police Department's (SLMPD) budget. He noted this has been his thirteenth year of preparing and presenting a budget as the chief executive officer for the SLMPD. The highlights of his presentation are as follows. The primary objective has always been to develop a realistic, yet lean and efficient budget proposal that adequately provides for the mission of the SLMPD with an eye toward the future. The sluggish economy has made this task particularly challenging in recent years. Preparing an annual operating budget for a joint powers organization requires the process start sooner and it involves layers of review prior to it being considered for approval by the SLMPD member City Councils. The budget process has been very transparent. For this budget process a new web -based feature has been implemented on the SLMPD's website www.soutlilakepd.com that allows individuals to track and budget process and download information. Given the autonomy of the SLMPD as a joint powers organization its Chief of Police has a greatly expanded role. Many of the Chief's duties are akin to that of a city manager with additional CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 6 of 8 responsibilities. The Chief is charged with shepherding through a budget process that has the support of the Coordinating Committee and is ultimately approved by the member City Councils. A considerable amount of reference material has been generated to date including two comprehensive PowerPoint presentations and a budget memorandum specifically addressing questions about overtime expenses. Those documents are included in the packet for this meeting and they can be downloaded from the SLMPD website. Preliminary 2012 budget considerations were discussed during the Coordinating Committee's May I 11 meeting. The considerations were incorporated into an initial budget proposal developed by staff. The initial proposal was presented to the Committee during its June 27 budget work session. Based on the direction received during that work session and based on input from the negotiation team representing the Committee during contract talks with the union the budget presented during that work session has been refined. The revised budget proposal is a workable budget for 2012 absent any anomalies and/or unforeseen conditions. The revised budget sustains current operations while addressing some future needs. Personnel costs for 2012 should be less of an expense factor. But, the labor agreement for union employees expires at the end of 2011 and negotiations for a new contract for 2012 have not been started. For 2012 health insurance rates are expected to decrease; that hasn't happened for years. Other expense considerations include additional costs associated with a move to a new record management system (RMS), additional capital needed to support an adequate vehicle fleet rotation schedule and higher fuel costs. The current RMS is antiquated and there is no vendor support for it. The SLMPD is considering partnering with the Hennepin County Sheriff's Department on its licensing on a new RMS and that would reduce the cost for the SLMPD. The 2012 budget for fuel was increased when compared to the 2011 budget. The budgeted transfer into the designated Vehicle Fund was increased. There needs to be an incremental increase in future budgets in order to support a realistic fleet replacement schedule. In 2010 funds in the DWI Forfeiture Fund were used to help purchase a vehicle and this Fund is not designed to support ongoing operations. Declining revenues continue to be an issue, most notably state aid payments associated with police pensions and disability benefits. State aid payments have gone down drastically. Lower revenue projections from that aid have been incorporated into the budget. A 2006 arbitration ruling reset each member City's percentage contribution toward the operating budget for 2007 — 2011. The percentages are to be adjusted every five years starting in 2012 based on population, tax capacity and police statistical data. The Coordinating Committee assigned the member City Administrators /Manager the task of working on the reallocation formula for 2012 — 2016. The Committee was presented preliminary figures during its June 27 work session. The Committee accepted the 2012 — 2016 reallocation formula during its July 20, 2011, meeting. The budget worksheets reflect the reallocation formula. Looking forward, it's important to keep in the forefront the Strategic Planning Group's (SPG) 2008 findings which are published in its 2008 Strategic Action Plan. A copy of the Plan is posted on the SLMPD website. The Plan serves as a reminder of the unfinished business needing to be addressed once the economic conditions improve. Central to the SPG's recommendation is for the SLMPD to increase its current compliment of police officers. Continuing to do more with less can only go on so long before core operations and safety become comprised. This critical staffing concern needs to be funded sooner rather than later. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 7 of 8 The SLMPD has made attempts to secure a COPS grant for adding police officers but competition has been immense for the limited amount of money available through the federally funded program. The SLMPD is one of a vast majority of applicants that did not receive funding. Demand far exceeded available funding. Chief Litsey noted that he attended an Excelsior City Council meeting on August 1" during which that Council approved the budget based on the reallocation formula on a 4/0 vote. He attended the Greenwood City Council meeting on August 4 "' during which that Council approved the budget on a 5/0 vote. Chief Litsey reiterated Mayor Lizee's earlier statement that during the July 20, 2011, Coordinating Committee meeting the Committee accepted, on a 4/0 vote, the SLMPD 2012 Operating Budget Proposal as presented and it directed that it be forwarded to the member city Councils with a recommendation for approval prior to September 1, 2011. Councilmember Woodruff thanked Chief Litsey and the Coordinating Committee for their efforts in developing the proposed budget. He noted he thought the 2012 budget makes sense. He expressed his appreciation of the revenue challenge for the SLMPD. Be noted Shorewood's share of the 2012 $2,035,700 member city contribution for operations will be $987,085. The 2012 member city contribution reflects a 2.6 percent increase over the 2011 contribution. He suggested the SLMPD and the member cities consider a joint buying arrangement for the purchase of fuel. He noted that Director Brown has informed Council that there has been some research into that. Litsey stated if a storage site for fuel could be found it would be prudent to look into doing that. Litsey then stated there may be benefit in considering some type of natural gas alternative for fuel. Councilmember Zerby thanked Chief Litsey and the Coordinating Committee for their efforts in developing the proposed budget and he stated he supports it. He also thanked Litsey and Excelsior Fire District Chief Gerber for putting on the Emergency Preparedness Seminar and he found it to be very informative. He expressed his appreciation for increasing the amount of public service mutual aid being received and provided, and he thought it would help in keeping budgets in line. Councilmember Siakel thanked Chief Litsey and the Coordinating Committee for their efforts in developing the budget. She noted that she thought the budget is a responsible budget and it should be supported by Council. Mayor Liz& suggested that for future SLMPD budgets some consideration be given to incorporating funding for emergency management training and seminars. Zerby moved, Siakel seconded, approving the South Lake Minnetonka Police Department's 2012 Operating Budget as presented. Motion passed 4/0. Chief Litsey thanked Council for its support 1L OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES August 8, 2011 Page 8 of 8 Director Brown stated the Murray Hill Road and Chaska Road intersection has been closed as part of the Murray Hill Road storm sewer improvement project. Hopefully Chaska Road will be ready for traffic in the next day or two. The 2011 mill and overlay project will hopefully start this week and that effort should take one to two weeks. The 2011 sealcoating efforts should occur this coming Wednesday and Thursday. 1. Southshore Community Center Groupon Mayor Liz& stated the meeting packet contains a copy of a memorandum from the Southshore Community Center (SSCC) Director Kristi Anderson about a marketing effort that was coordinated with Groupon for the SSCC. There were more than 7,000 hits on the SSCC offer and more than 1,000 Groupon coupons were sold for SSCC activities and services. Councilmember Zerby stated only 15 percent of the purchases were made from the City's zip code area. B. Mayor and City Council Mayor Lizke stated the 2011 Night to Unite on August g od was successful. The Emergency Preparedness Seminar held on August 3 was put together well. There were over 3,000 riders who participated in the Tour de Tonka bicycle ride held on August 6 ". She thanked Director Brown and his Public Works crew for their help with getting the roads in good condition for the riders. She stated she has a coffee with the mayor session scheduled for August 13 "'. She noted there is a Lake Minnetonka Communications Commission full commission meeting scheduled for August 16 ". She recommended that meeting be posted just in case a quorum of Councilmembers will attend. 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of August 8, 2011, at 7:55 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Liz6e, Mayor Brian -ecl t it dministrator /Clerk