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04-23-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 23, 2012 MINUTES 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 Flotvet, Woodruff and Zerby; Attorney Keane; Interim City Administrator /Director of Public Works Brown; Finance Director De7ong; Planning Director Nielsen; and Engineer Landini Absent: Councilmember Siakel B. Review Agenda Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, April 9, 2042 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of April 9, 2012, as amended in Item 10.A, Page 7, Paragraph 6, Sentence 4 change "The Agreement does include a budget but no budget exists." to "The Agreement mentions including a budget but no budget exists." Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. Zerby moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Shorewood Yacht Club Multiple Dock Facility License C. Adopting RESOLUTION NO. 12 -027 "A Resolution Approving a Temporary 3.2 Percent `On -Sale' Malt Liquor License issued to the Excelsior Firefighters Relief Association." D. Accept Quotes for Miscellaneous Repairs to the Storm Sewer System E. Accept Proposal for Professional Design Services for Wastewater Lift Stations 5 & 6 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 2 of 10 F. Authorize Expenditure of Funds for Replacement Signs (This was moved to Item 10.B under General/New Business.) G. Approve Agreement between the South Lake Minnetonka Police Department and the City of Excelsior for Summer Dock and Park Patrol Services Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. G. REPORTS AND PRESENTATIONS A. Ken Hendrickson, Report on Lake Minnetonka Communications Commission Activities Mayor Liz& stated Ken Hendrickson, the City's representative to the Lake Minnetonka Communications Commission (LMCC), is present this evening to give a report on LMCC activities. Mr. Hendrickson explained the LMCC is continuing its attempts to get Mediacom to provide list of where their current stations are Located on its cable network in this area. The LMCC Board has approved a resolution which has some legal authority under the LMCC joint powers agreement (JPA) to get Mediacom to comply. The LMCC is going to find Mediacom out of compliance with the JPA. The date for coming into compliance has been extended to May 11, 2012. The difficulty in finding out which stations can be found is a problem for many of the elderly citizens in the LMCC community. Not only is it difficult to find out where the stations are playing it can vary by television in a household. Mr. Hendrickson then explained the LMCC is continuing to work on its franchise renewal. People can view on demand the video recordings of government meetings by going to the LMCC's website. A lot of the LMCC's programming can be found on YouTube. The most popular LMCC YouTube video to date is by the Mayor of Victoria and it is about the Highway 5 detour project. He encouraged members of the Council to create YouTube recordings also. He stated members of the LMCC believe it could be possible, although not practical, to have all of the programming the LMCC produces (meeting recordings and special recordings) on the web. The new franchise agreement will involve more than the current agreement does. The LMCC has prepared a request for proposals for consultant services to help with developing the new franchise agreement. He commented that he thought writing a 10 -year term franchise agreement will be somewhat difficult because it is hard to predict what technology will be like in the next ten years. Mr. Hendrickson went on to explain that a group from the LMCC had an informal exchange with a nearby city's council members about what it could expect to receive from the LMCC if it were to become a member city. The LMCC Executive Committee would welcome another member city but it will not enter into a specialized arrangement with a new member city. He noted the discussions are very preliminary. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 3 of 10 Mayor Lizee stated she appreciates the LMCC's efforts to address the confusion about the location of the cable stations. B. Southshore Community Center 2011 Year -End and 2012 Activities Report by Kristi Anderson Mayor Lizee stated Kristi Anderson, from Community Rec Resources (CRR) and the consulting Director for the Southshore Community Center (SSCC), is present to give an update on SSCC activities. Ms. Anderson noted the meeting packet contains a copy of the 2011 Annual Report on SSCC Operations. She highlighted the report. The highlights are as follow. ➢ Even though the economy has been difficult, corporate and business clientele remained steady during 2011. Approximately 400 were brought in. Existing partnerships with business were maintained and efforts continued to attract new corporate groups. A CRR partnered with Saga Hill Cooking School to create and execute a Groupon coupon promotion. The marketing campaign delivered over 7000 website hits for the ad and an estimate 1056 Groupons were sold for the cooking class at the SSCC. That event created awareness for the SSCC that had not existed previously. 9 In 2011 a digital monument sign for the SSCC was approved and installed near County Road 19. The SSCC raised $8,080 to be put toward the purchase of the sign. The City of Shorewood funded the remaining portion of it for an amount of $14,132. The positive impact of the sign was noticed immediately when it was realized that inquiries for classes posted on the sign were higher than inquires for previous classes. ➢ CRR continued to add numerous activities and it also provided an outlet for community offerings. This was in addition to many of the popular events previously offered at the SSCC. ➢ Some of the most exciting additions to the programming included fused glass art classes, a Zomba and cardio kick boxing class, a daddy- daughter Cinderella ball, senior safety month guests (for spring 2012), the upcoming pampered me spring boutique, youth karate, and a partnership with Mrs. M (a children's educator and Naturalist) A Based on the number of online registrations received during 2011, 292 people participated in SSCC classes and activities. Approximately 65 percent of the participants resided in one of the five member cities. Of that 43 percent were from Shorewood, 1l percent were from the City of Excelsior, 7 percent were from the City of Tonka Bay, 3 percent were from the City of Deephaven and 1.5 percent were from the City of Greenwood. Approximately 104 were from other cities (Mound — 22, Plymouth — 14, Minnetonka — 13, Chanhassen —12 and Wayzata — 8). ➢ The Southshore Senior Partners (SSPP) continues to provide oversight of senior programs along with assistance from CRR. ➢ During 2011 785 different seniors visited the SSCC on a regular basis; the number does not include multiple visits by the same individual. Approximately 53 percent of them live in the five member cities. The attendance by those living in the Cities of Shorewood and Tonka Bay grew slightly grew slightly in 2011, and that growth could be in part due to the fact that those Cities distribute SSCC flyers and brochures to their residents. ➢ CRR continues to urge the City Council to view the SSCC as a community asset or resource; similar to how it does a baseball field or playground. ➢ Achieving a break -even status for the SSCC will be an ongoing challenge for the City of Shorewood. ➢ 2011 operating revenues were $72,299; approximately $6400 over budgeted revenues. That does not include grants or fund raising efforts. ➢ Including the signage cost of approximately $22,000 and the chair cost of approximately $2,000 the cost to operate the SSCC was $86,791. CITY OF SHOREWOOD REGULAR COUNCIL MEETING ?MINUTES April 23, 2012 Page 4 of 10 ➢ The City of Shorewood subsidized the SSCC for an amount of just over $16,611. The City also provided in -kind staff support. Ms. Anderson noted Council will be provided with a resolution for consideration during its May 14, 2012, meeting to authorize a transfer of funds from the General Fund balance to cover the full deficit amount of $34,261 at the end of fiscal year 2011. The deficit at the beginning of the year was $17,650. Ms. Anderson stated 2012 could be a difficult year. A number of corporate clients have informed her that they will have to cut back on their use of the SSCC because of their budget constraints. To help offset that she has gone through extra effort to bring in more activities, classes and events. The programming is also being expanded. She then sated the City may want to revise the 2012 revenue projections because they could be a little conservative. Ms. Anderson noted the meeting packet contains a copy of the event listings for 2012. Mayor Lizee noted it has been busy at the SSCC. Councilmember Hotvet stated there appears to be a lot of fun events coming up at the SSCC Councilmember Zerby stated he is pleased to see that SSCC revenues are climbing year after year. He then stated it is unfortunate that the SSCC budget is similar to an enterprise budget, which is not how parks, ball fields, roads and schools are handled. He complimented Ms. Anderson for the job she has done since the City took over the operations of the SSCC on an interim three -year basis. He stated he was surprised by the number of programs being offered at the SSCC; programs for all ages. Ms. Anderson stated she is looking for volunteers to help with SSCC events. 7. PARKS A. Report on the April 10, 21012, Park Commission Meeting Park Commission Chair Quinlan reported on matters considered and actions taken at the April 10, 2012, Park Commission meeting (as detailed in the minutes of that meeting). Chair Quinlan noted that Mayor Lizee has provided a form that will help with assessing potential Eagle Scout projects. Mayor Lizee stated she was intrigued by the idea of using versa court for a tennis court surface. Chair Quinlan stated with the versa court surface the ball playing is a little slower and that there is not a lot of history about its longevity and maintenance requirements. Councilmember Hower asked if a versa court surface is similar to what is called a sport court. Quinlan responded it is. Hotvet asked if the versa court files are taken up in the winter. Quinlan responded he did not think they are. Councilmember Woodruff commented that a tennis court in Eden Prairie with a versa tile surface is also used for basketball. He explained that prior to the next Park Commission meeting the Commission will tour one half of the City's parks. The tour starts at 5:45 F.M. Councilmember Zerby stated he assumes the tour will be posted on the city's website for interested residents. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES April 23, 2012 Page 5 of 10 B. Eagle Scout Project at Badger Park Mayor Lizee stated Nick Hostetter, an Eagle Scout candidate, is present this evening. She noted Mr. Hostetter has proposed a project to build a walking path at Badger Park. He has discussed his potential project with the Park Commission. Mr. Hostetter stated that this point he is seeking guidance regarding where the City would like him to construct a walking path in near Badger Park. Once he receives approval from the City he then needs to send paper work into the Eagle Scouts of America to obtain approval before moving forward. Mayor Lizee stated the Park Commission has considered two walking path options. It is her understanding that the Park Commission prefers a wood chip path from the SSCC path around the perimeter of the wooded area coming around to the dead end where a bridge /culvert could be completed. The path could eventually be continued with another Eagle Scout project. She noted the Council has a history of going with the Commission's recommendation. Director Nielsen stated originally Mr. Hostetter proposed constructing a wood chip trail around the east side of the pond through the woods and then loop back up to the SSCC. There were some concerns with things such as the location of property lines. He explained that in order to loop the trail there would have to be some type of bridge crossing at the southerly end. The Park Commission discussed constructing a trail around the west side of the pond area and east side of the football field and continuing on to the shelter or tennis court areas. During the Commission's last meeting it recommended constructing a wood chip path from the SSCC path around the perimeter of the wooded area coming around to the dead end where a bridge /culvert could be completed. Nielsen explained that the Commission discussed that the bridge could potentially be another Eagle Scout project. Staff has some concern about the long -term maintenance of a wooden bridge. Because there is a ditch there, Staff recommends the City put in a culvert in that area. Councilmember Woodruff asked Director Nielsen if the City has received any comments from residents about the potential location of the path. Nielsen responded the City has not. He explained an open house meeting was held and the City did notify residents abutting the Park along Echo Road. The City did not receive any verbal comments, entails or any other type of correspondence. He thought part of that is due to the fact that the trail would be near the football field and there is already a lot of activity there. Woodruff moved, Zerby seconded, approving the proposal for Eagle Scout candidate Mr. Hostetter to install a wood chip path from the Southshore Community Center path around the perimeter of the wooded area, coming around to the dead end where potentially a culvert could be installed. Councilmember Zerby asked if any tree removal would be necessary to go through the woods. Director Nielsen responded there would not be any tree removal but brush removal would be necessary and assistance from Public Works personnel has been asked for. Zerby then asked if it would be necessary to remove trees to install a culvert. Nielsen explained there is already an opening there, but there could be a potential need to remove a tree or two on the west side of the ditch. Nielsen noted the 2012 budget doesn't include funding for a culvert. Zerby commented that maybe the Minnehaha Creek Watershed District could provide some financial assistance and advice with that. Mayor Lizee stated she likes the culvert idea. She commented that the stream in that area changes in size quite often. She stated installing a culvert would make it easier to build the next segment of the trail. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 6 of 10 8. PLANNING A. Final Plat Approval for Christmas Lake Estates Director Nielsen explained that during its February 27, 2012, meeting Council approved a preliminary plat for a three lot subdivision names Christmas Lake Estates. It is Located at the end of Christmas Lake Road immediately north of Christmas Lane. The applicant is platting three one -acre lots and will be located in the RI -A zoning district. When the preliminary plat was discussed it was noted that there is a wetland system that covers a relatively large portion of the property. The preliminary plat included a condition to move the driveway for the third lot a little to the west so it would be located outside of the wetland setback area. That has been done and that plan was presented to the Planning Commission. The applicant was also asked to ultimately eliminate the existing driveway to the third lot along with the culvert and grade that area out. There are two wetland basins on that property (one being smaller than the other). When the driveway is removed and graded out it will open up the drainage channel. As part of the preliminary plat the applicant has provided additional right of way (ROW) for Christmas Lane (the ROW was very substandard) and a minimal amount of ROW (an approximate foot) for Christmas Lake Road. Nielsen noted the recommendation is to approve the final plat subject to requiring a letter of credit or cash escrow for $1,800 to assure the existing driveway and culvert on Lot 3 is removed and regraded either before the house on Lot 2 is built or the demolition of the existing house on Lot 3, whichever comes first. Ilotvet moved, Zerby seconded, Adopting RESOLUTION NO. 12 -028 "A Resolution Approving the Final Plat of Christmas Lake Estates." Motion passed 410. B. Conditional Use Permit for Building on a Substandard Lot and Accessory Space in Excess of 1200 Square Feet Director Nielsen explained Tom and Velinda Schrepel own the property located at 28180 Woodside Road. He noted this property was the subject of a lot line rearrangement approved last month (for Mike Cannon): That made the two lots buildable under current zoning standards relative to nonconforming lots. He explained the applicants have applied for a conditional use permit (C.U.P.) is to build on a substandard lot with respect to the lot width requirement for the R -IA/S, Single- Family Residential /Sboreland zoning district in which it is located. Nielsen then explained the subject property is a long, narrow lot. The proposed home fits on the site very well. He commented that owners of lake front properties tend to have their home as close to the water as they possibly can. He explained the applicants are building farther back from the shoreline in part because of hardcover constraints. The proposed house is to be located on the level portion of the lot where a previous house had been located years ago. It will sit 64 feet behind the bluff line on the property (only 20 feet is required). Nielsen went on to explain the Schrepels have also applied for a second C.U.P. for accessory space over 1200 square feet of floor area to build a double detached garage. The proposed house will have an attached double garage. He reviewed how the application complies with the criteria for granting a C.U.P. The total area of accessory buildings (1404 square feet) does not exceed the boor area (4449 square feet — upper two levels) above grade of the existing home. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R -1 A/S zoning district (.10 x 40,000 = 4000 square feet). The architectural character of the detached garage will be the same as the proposed house. Siding and roofing will match the house. The proposed garages and the principle dwelling comply with R -IA/S zoning district setback requirements. The proposed hardcover for the site is at the maximum 25 percent, including a shared portion of driveway for the house to the north and 184 square feet of "contingency CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 7 of 10 hardcover ". When the property to the north is redeveloped, it is anticipated that it will have its own driveway, freeing up 486 square feet of hardcover for the subject property. Nielsen stated that because the application complies with all of the criteria for granting each C.U.P. Staff and the Planning Commission recommend granting the C.U.P.s. He noted the meeting packet contains a copy of a draft resolution granting both of them. Mayor Lizde stated the Planning Commission discussed the applicant's requests thoroughly and made what she considers a great recommendation. She noted the Schrepels' architect is present this evening. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 12 -029 "A Resolution Granting Conditional Use Permits to Build on a Substandard Lot and for Construction of Accessory Space in Excess of 1200 Square Feet of Area to Tom and Velinda Schrepel, 28180 Woodside Road." Motion passed 4/0. A. Accept Proposal for Municipal Water Extension Plan Update Mayor Lizde stated the meeting packet contains a copy of a request for proposals (RFP) for engineering services to do a peer review of the existing draft 20 -Year Water Plan. It also contains a copy of proposal from WSB & Associates. She thought the material in the meeting packet was thorough and self - explanatory. Engineer Landmi explained that during its February 27, 2012, work session Council discussed hiring a consultant to do a peer review of the existing draft 20 -Year Water Plan. During its March 26, 2012, meeting Council was provided the opportunity to comment on the draft RFP. During that same meeting Council directed Staff to send out the RFP to the City's consultant pool. He noted WSB & Associates provided the lowest, not to exceed, fee for the work for an amount of $7,819. Zerby moved, Ilotvet seconded, accepting the proposal from WSB & Associates to conduct a peer review of the City's 20 -Year Water Plan work for an amount not to exceed $7,819. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Deer Management Report Director Nielsen explained that during March 2012 the Three Rivers Park District (the District) conducted its annual aerial deer survey. The deer count was 81, considerably lower than the 2011 count of 145. He noted that a representative from District has indicated that the 2011 count was probably the most accurate for a variety of reasons. He stated the 2012 count may be somewhat deceptive because the relative lack of snow and a very mild winter did not result in deer "herding up" like they did last year, and the lack of snow in wooded areas provided better cover for the deer to hid from the survey team. He noted that 32 deer were harvested during the 2011 deer removal effort which occurred over five weekends. Nielsen stated a large concentration of deer appears to remain in the west end of the City even though a significant number of deer were removed that area in 2011. There is another concentration to the west of Christmas Lake. He then stated there has never been a good area to hunt on the easterly end of the City near the Silverwood area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page S of 10 Nielsen explained that Metro Bowhunters Resource Bases (MBRB) representatives have suggested the bow hunters be allowed to harvest the Friday evening of each weekend. Past protocol has been to set up stands on Friday evening and harvest only on Saturday and Sunday. Staff agrees with that suggestion; it would make the removal effort more efficient. Nielsen stated the Deer Management Plan suggests the City could support around 75 deer in total. It also states there should not be more than 15 deer per square mile. 'There are some areas that indicate there is more than that, in particular on the west end of town. He noted that the recent mild winter is going to help the mortality rate of the deer and the population will likely increase because of twin and possibly triple births. Based on that, he stated Staff recommends continue with the deer removal program as is. Nielsen explained that in 2011 a fifth weekend was added to the removal effort. That weekend was not very productive. He stated for 2012 that fifth weekend could be limited to the only the areas of high concentration. He asked Council if it wanted the effort to be a four or five weekends. He noted that there were 15 removal sites in 2011. One was added late in the program and six deer were removed from that site. Nielsen recapped Staff's recommendations. They are: to allow harvesting on Friday evenings; to limit the fall removal effort to four weekends and harvest only the highly concentrated areas on the fifth weekend; and, if the total deer population drops below 75 then reduce the number of weekends in 2013 and possibly the number of sites. Nielsen stated the City received only one complaint from last year's hunt. The City has received feedback from a couple of residents who noted the deer population was noticeably down in their areas. The City has also received positive feedback about the deer feeding ban that was implemented. The residents thought that has helped. He then stated the City received one anonymous call about a deer feeder but the City was not able to locate the feeder. The caller would not give the location of the feeder. Nielsen commented that an MBRB representative has indicated that 15 deer per square mile is quite high and it is on the upper end of what is termed socially acceptable. Councilmember Zerby asked if there is any idea about what the annual increase in population is. Director Nielsen responded there is not. Nielsen stated the City has received a lot of complaints about deer last year. Director Nielsen reiterated that the 2011 harvest effort has been the City's most successful. Nielsen commented that in areas where there is a lot of human activity, such as around Freeman Park, the deer don't move around much during the day. The same thing occurs along the trail. He stated the hope was the new site near Wedgewood would have been a good site to harvest, but it was too close to the trail. Mayor Lizke stated she supports Staff's recommendations. She expressed hope that the City could retain the services of MBRB in 2012. Woodruff moved, Zerby seconded, approving the 2012 Deer Management Program be continued in 2012 with Metro Bowhunters Resource Base conducting the harvesting effort, allowing harvesting on Friday evenings, and limiting the harvesting on the fifth weekend (if needed) to highly concentrated areas. Motion passed 4/0. In response to a question from Councilmember Zerby, Director Nielsen explained Council will have an opportunity to review and changes to the harvesting Locations later in the year. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 9 of 10 B. Authorize Expenditure of Funds for Replacement Signs This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff asked if there is any danger of the replacement signs not meeting the to -be- determined federal government retroreflectivity standards. Engineer Landmi explained that during its November 28, 20111, work session there was Council consensus to replace the stop signs and no parking signs that are in poor condition. He then explained the manufacturers won't sell the engineering grade sheeting. They will sell the next level up which has a 10- year warranty. Woodruff moved, Zerby seconded, directing Staff to work with Newman Sign Company for the replacement signs. Motion passed 4/0. it. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Interim Administrator /Director Brown stated April 27, 2012, is Arbor Day and the open book meeting will be held from 5:00 — 7:00 P.M. on May 7, 2012. Director Nielsen explained the plan for aquatic invasive species inspections (AIS) at the Christmas Lake access was implemented on April 21. The new message board is up. Signs informing people that the access is subject to inspections are up. Eventually the message board will display a list of inspection rules, but they have not come from the Minnesota Department of Natural Resources yet. The advisory sign information for near Highway 7 is not up yet. The compost bin is in place but it is not labeled to tell people that AIS compost and bait can be dumped in there. Ile extended his thanks to Public Works personnel for their help. He stated representatives from the Christmas Lake Association appeared to be pleased that inspections were being done three weeks ahead of the original scheduled date. The AIS training session for the inspectors has been completed. Mayor Liz& thanked Director Nielsen and the Public Works staff for their efforts. Monthly Financial Report Director DeJong stated the meeting packet contains a copy of the March 2012 Monthly Budget Report. He noted the budget is about where it is expected to be at this point in the year. He stated that for the next meeting the packet will contain reports about the other operating funds, noting lie will do that on a more regular basis. Council will also be provided with an investment report and cash flow projection. 2. Strategic Planning Report No report was given. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES April 23, 2012 Page 10 of 10 B. Mayor and City Council Councilmember Zerby stated the Excelsior Fire District Board had a budget work session on April I8` The most controversial item discussed was the required contribution to the Excelsior Firefighters Relief Association's fund for pensions. Councilmember Hotvet stated she is going to be a member of the League of Minnesota Cities (LMC) Legislative Improving Service Delivery Committee. It will meet this summer and again this coming fall. This Committee focuses on policies that deal with such issues as unfunded mandates, environmental mandates, elections, charter law, data privacy, government innovation and cooperation, and public safety. i19l 81111yfkll Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of April 23, 2012, at 8:17 P.M. Motion passed 4l0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: L64i:� -Ul� Christine Lizde, Mayor Brown, Interim City Administrator /Clerk