12-10-12 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 10, 2012
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:03 P.M.
A. Roll Call
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Present. Mayor Liz6e; Councilmembers Hotvet, Woodruff and Zerby; Attorney Keane; Interim
City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director
of Public Works Brown; and, Interim Engineer Hornby
Absent: Couneilmember Siakel
B. Review Agenda
Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, November 26, 2012
Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of
November 26, 2012, as presented. Motion passed 4/0.
B. City Council Regular Meeting Minutes, November 26, 2012
Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of
November 26, 2012, as presented. Motion passed 4/0.
C. City Council Special Meeting Minutes, December 3, 2012
Zerby moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of
December 3, 2012, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Liz& reviewed the items on the Consent Agenda.
Interim City Administrator Joynes stated Councilmember Woodruff has some issues with some of the
language in the Coal Tar -based Ordinance. Therefore, it is appropriate to have additional discussion about
that this evening. He then stated Woodruff also had comments on the city staff position descriptions. He
explained most of them are not structural but they should be looked at and if appropriate incorporate the
changes before Council considers them. He recommended they be continued to the January 14, 2013,
regular City Council meeting.
CITYY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 2 of 9
Councilmember Woodruff stated he thought the position descriptions are 95 percent there. But, there are
some inconsistencies between like positions.
Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein.
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 12 -075, "A Resolution Authorizing the Mayor and
City Administrator to Extend the Electronic Parcel Database (EPDB) Conditional
Use Agreement with Hennepin County for the Year 2013."
C. Adopting RESOLUTION NO. 12 -076, "A Resolution Authorizing Expenditure of
Funds for Laserfiche Software Upgrade."
D. Accept Cash Donation
E. Ordinance Prohibiting the Use of Coal Tar -based Driveway Sealants (This was
moved to Item I I.A under Old Business.)
F. Setting a City Council Special Meeting Date for January 7, 2013
G. City Staff Position Descriptions (This item was continued to the January 14, 2013, City
Council regular meeting.)
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.
7. PARKS
None.
8. PLANNING
Planning Commission Hutchins recognized the Public Works Department for the excellent job it did in
plowing the roads in the City the last few days after the very heavy snow falls. FIe then reported on
matters considered and actions taken at the December 4, 2012, Planning Commission meeting (as detailed
in the minutes of that meeting).
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 3 of 9
A. Conditional Use Permit — Accessory Space over 1200 Square Feet
Applicant: Robert Finke
Location: 6060 Seamans Drive
Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the
existing attached garage on the property he and his wife own. The floor area of the new garage, when
combined with an existing attached garage, brings the total area of accessory space on the property over
1200 square feet. That requires a conditional use permit (C.U.P.). He displayed graphics showing the
location of the existing house, existing garage, pool and the proposed garage which will extend off the
south side of the existing garage. The property is zoned R -IA, Single Family Residential and contains
40,084 square feet of area. He explained the existing house contains approximately 2457 square feet of
floor area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The
proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to
1399.4 square feet.
Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space
over 1200 square feet.
I . The total area of accessory space (1399.4 square feet) does not exceed the total floor area above
grade of the principal structure (2457square feet).
2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R-
IA zoning district (.10 x. 40,000 square feet = 4000 square feet).
3. The proposed garage complies with the setback requirements of the R -lA zoning district.
Hardcover is well within the 33 percent maximum amount allowed. The proposed building is 78
feet back from Seamans Drive and only 50 feet is required. It is 26 feet from the side lot line and
only 10 feet is required.
4. The new garage addition will be integrated into the architecture of the existing home. As such
the roof lines, materials and architectural character of the garage are consistent with the principle
dwelling.
Nielsen explained that two existing trees on the south side of the existing garage will be replaced with
two ornamental trees. He noted the lot is well screened already; there are plenty of trees in existence.
Nielsen stated in light of those things the Planning Commission recommended the conditional use permit
be granted as submitted.
Councilmember Zerby stated he thought the Planning Commission did a nice job with this and that
Director Nielsen summarized it very well.
Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 12 -078, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space to Robert Finke, 6060 Seamans Drive."
Motion passed 4/0.
B. Smithtown Road (West) Trail Project — Frequently Asked Questions
Director Nielsen stated the meeting packet contains a copy of the frequently asked questions (FAQs)
asked during the November 15, 2012, open house about the Smithtown Road West Trail segment as well
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 4 of 9
as questions received via the City's website and the proposed responses to those questions. He noted the
comments received were not included. The Planning Commission has recommended the FAQs and
responses be published on the website. He reviewed the changes the Commission recommended to them
when it discussed the responses. He noted that one of the questions asked most frequently was if the
property owners were going to be assessed for the Trail project. He clarified that is not the intent. He
explained there were also questions about where the money was going to come from. To date discussion
has been about funding it with funds from the Community Infrastructure Fund (a large portion of the
balance in the CIF includes funds from the City's former liquor operations and sale of those operations),
Municipal State Aid funds, funds in the Stormwater Management Fund (that would pay for stormwater
improvements that would be made in conjunction with the project), and possibly grants.
Mayor Liz6e stated she thinks it is a great idea to post the questions and answers on the City's website.
The more the public feels engaged with something the more likely they are to support it. She then stated if
the City receives additional questions she asked if they along with a response to them will be published as
well. Director Nielsen stated they would be.
Councilmember Zerby stated he agrees that it would be a great idea to post the questions and answers,
and he encouraged that process be incorporated in the process for future projects.
Woodruff moved, Zerby seconded, directing Staff to publish the frequently asked questions and
responses about the Smithtown Road (West) Trail segment on the City's website. Motion passed
4/0.
Councilmember Woodruff stated he has received questions about the timeline for the project. He
suggested a summary of the major steps also be published on the website.
C. Smithtown Road (West) Trail Segment — Authorize Plans, Specifications and
Estimate
Director Nielsen reviewed the milestone schedule for the Smithtown Road (West) Trail project that was
developed by former Engineer Landini that have to be met to make a June 2013 construction start.
Order Feasibility Study
Order and Submit Wetland Delineation
Schedule Open House
Accept Feasibility Study
Hold Open House
Order Right -of -Way (ROW) Acquisition and Appraisals
(the timeline is extremely short it normally takes a year)
Order Plans, Specifications and Estimates
Order Quick -Take Eminent Domain
Accept Plans, Specifications & Estimates, Advertise for Bids
Permit Applications
Open Bids
Contract Signatures
Pre - Construction Meeting
Take Possession of ROW, Break Ground on the Project
September 10, 2012 (done)
September 24, 2012 (done)
September 24, 2012 (done)
November 13, 2102 (done)
November 15, 2012 (done)
November 26, 2012 (done)
December 10, 2012
February 25, 2013
March 1], 2013
March 25, 2013
April 8, 2013
May 13, 2013
May 28, 2013
June 10, 2013
Director Nielsen stated this will be fleshed out as the project moves forward.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 5 of 9
Mayor Lizde noted the dates are Council meeting dates. Director Nielsen clarified with the exception of
the bid opening date.
Couneilmember Woodruff suggested publishing this on the City's website after the acronyms have been
explained, and clarifying how a milestone is marked as complete. He also suggested that a pro -forma
project end date be added.
Couneilmember Hotvet asked that the milestone for holding the open house be added to the published list
being it was not on the list displayed on the screen presented this evening.
Couneilmember Woodruff stated he is a little concerned about authorizing an expenditure of quits a bit of
money before understanding the issues with acquiring the ROWs and easements. If major issues are
encountered the City may have spent money on a project that does not come to fruition. He noted that he
understands that if the goal is to construct the Trail in 2013 there is no other way to do it.
Woodruff moved, Havel seconded, Adopting RESOLUTION NO. 12 -079, "A Resolution Ordering
Improvement, and Authorizing WSB & Associates to prepare Plans, Specifications and Estimates,
City Project 13 -04 Smithtown Road (West) Trail Segment." Motion passed 4/0.
9. ENGINEERING/PUBLIC WORKS
Mayor Lizee introduced Paul Hornby, the Interim City Engineer, who works for WSB & Associates. She
noted he has a long history with the City on many projects. She welcomed him.
Mayor Lizde thanked Public Works personnel for the terrific job they did plowing the streets.
Discussion moved to Item 10.13 on the agenda.
10. GENERAL/NEW BUSINESS
A. Approval of the 2013 Capital Improvement Program and Enterprise Budgets
Director DeJong expressed his appreciation for Mayor Lizee's tenure and leadership.
Director DeJong explained this evening Council is being asked to adopt the 2013 — 2032 Capital
Improvement Program (CIP). That is the plan for all of the capital expenditures the City intends to make
over the next ten years. They are for items such as: park structures, facilities and improvements;
infrastructure improvements for streets, sewer lines, watermain and stormwater management; and,
technology; and equipment. Council has had several discussions about the CIP throughout the fall. All of
changes requested by Council have been incorporated. Council is also being asked to adopt the
Southshore Community Center Budget and the Enterprise Budgets (Water, Sewer, Recycling and
Stormwater Management). In addition Council is being asked to authorize Staff to purchase 10 items
included in the Staff report without additional Council approval.
DeJong then explained the Enterprise Funds have sufficient cash to run the operations in 2013. In early
2013 Council and Staff will have discussions about how to make them self - sufficient for the long tern.
Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 12 -080, "A Resolution Adopting
the 2013 -2022 Capital Improvement Program, 2013 Enterprise Budgets, and Southshore
Community Center Budget ", and authorizing Staff to move forward with the following projects
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 6 of 9
without additional Council authorization: Freeman Park — Eddy Station — Siding Replacement
($8,500), Manor Park — Versa -Court Tennis Surface ($30,000), Replace Unit 21 — 24 -Foot Trailer
($16,000), Blower Attachment for Skid Steer ($12,500), Trailer 12 -Foot to Replace Unit 69 ($4,000),
Broom Attachment — Skid Steer to Replace A13 ($3,000), Street Sign Replacement ($6,300), Public
Works Building— Exterior Caulking ($4,000), Color Copier Replacement ($9,000), Computer Work
Station Upgrades and Replacement not including Windows 8 and Microsoft Office software
($10,000). Motion Passed 4/0.
Discussion moved to Item I LA on the agenda.
B. Investigation of Senior Commissions
This was discussed after Item 9 on the agenda.
Interim City Administrator Joynes explained that Councilmember Zerby had asked Staff to investigate the
possibility of creating a commission /advisory board on aging. Staff has been investigating what other
communities do and what different provisions would be. He noted that Zerby asked this item be placed on
the agenda this evening for Council discussion.
Councilmember Zerby stated he has done some research on this topic. He has become aware that some
cities in Carver County have created senior commissions to help discuss topics in the community related
to the aging population. He explained the aging population is growing quite quickly. Being aware of some
of the challenges there are at the Southshore Community Center (SSCC) and of the changing needs of the
senior population, a senior commission / advisory board seems like it may be a good thing for the City to
consider. Such a group could provide a senior perspective on and what could be done to improve the use
by seniors. He thought this could benefit the City as a whole. He noted this type of group seems to benefit
the nearby cities to the south and west. He asked Council if it has interest in exploring this further.
Councilmember Hotvet stated there may be value in having representatives from other South Lake cities
as part of the group. That way there could be collaborative community representation. Councilmember
Zerby stated he thought that is a great idea, but he is not sure how it would be implemented procedurally.
Zerby noted he would be interested in finding out how that could work.
Councilmember Woodruff noted he was loathed creating another commission. He stated all of the things
seniors would provide input on would in some way tie into the Planning Commission's charter. He
thought that would be the place to put this and the Commission can augment its discussions with input
from other people. He then stated he would like to know more about what other cities are doing, and what
the charters are for their groups. He went on to state that a few years ago he had a conversation with the
former manager of City of Wayzata. At that time the Wayzata provided low interest rate loans to people
to help them maintain their homes. That may be something to consider.
Councilmember Zerby stated those were good comments. He then stated Communications Coordinator
Moore has provided him with some of that information.
Interim City Administrator Joynes stated Staff will provide Council with a packet of information about
what it has found out to date. He noted that this would tie to deliberations about what the future of the
SSCC is going to be.
Councilmember Zerby stated there are a lot of subjects that seniors could weigh in on that go beyond
planning.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 7 of 9
Councilmember Hotvet stated she likes a grass roots approach.
Mayor Lizee stated this is very timely when considering the demographics. She liked the idea. She also
liked Councilmember Hotvet's idea of engaging the other South Lake communities. Residents move in,
around and through those communities.
Discussion returned to Item 10.A on the agenda.
11. OLD BUSINESS
A. Ordinance Prohibiting the Use of Coal Tar -based Driveway Sealants
This was removed from the consent agenda at Councilmember Woodruff s request.
Councilmember Woodruff stated he thought the proposed Ordinance was somewhat confusing. The
confusion comes from the use of "undiluted coal tar" and then just "coal tar ". Also, there is a lack of
explanation of what undiluted coal tar is. He recommended that be clarified and explained. It needs to be
tightened up so people know what they cannot sell, buy or use. He suggested using the language in State
Statute to tighten the language up.
Councilmember Zerby stated that technically people can buy all the coal tar -based sealant they want they
just cannot use it.
Councilmember Hotvet asked if Staff used the Minnesota Pollution Control Agency (MPCA) language as
a model. Attorney Keane stated former City Engineer Landini generated the draft from the State model
and it was paired down substantially.
Councilmember Woodruff stated he hoped the State did not use undiluted coal tar and coal tar
interchangeable. He then stated he spoke to Interim City Administrator Joynes about how to educate
people on what this means. He went on to state he understands that the benefit of having such an
ordinance is that the City would be able to apply for grants to clean up contaminated sediment ponds.
Mayor Lizee suggested Council approve the revised Ordinance during its January 14, 2013 Council
meeting.
Interim City Administrator Joynes asked Director Brown if waiting to approve the Ordinance will be a
problem when it comes to applying for grants. Brown responded he does not think so but he will verify
that. Councilmember Woodruff stated he thought it had to be approved by June 30, 2013.
Councilmember Zerby noted that the language in the proposed Ordinance is the same as in the MPCA's
ordinance.
Director Brown explained this Ordinance was modeled after a number of ordinances passed by other
communities. He noted "undiluted coal tar" and "coal tar" have been used interchangeably. He stated
under Section 908.04 Exemptions Subd. 1 states "The provisions of this ordinance shall only apply to use
of undiluted coal tar based sealer in the City and shall not affect the use of asphalt -based products within
the City." He then stated consistency would be the better route to go.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 8 of 9
12. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
1. City Administrator Position
Interim City Administrator Joynes stated that during Council's January 7, 2013, special meeting the new
Mayor and two elected Councilmembers will be sworn in. During that meeting a number of annual
appointments will be made. Staff will provide Council with a list of what those appointments well be
prior to that meeting.
Joynes then stated that prior to this meeting Council had an executive session about the city administrator
position. Council had been provided with a list of applicants for the position. Council asked him to submit
a proposal for continuing to provide services. Ile expects Council will discuss that during the January 7"'
meeting. He noted that he will advise all of the people who have applied of the timeframe.
2. Organizational Meeting Items
This was discussed as part of Item 12.A.1.
Other
Director Brown explained that Hennepin Comity has made available a tool called WebEOC to cities in the
County. The first emergency declared since that was implemented was this past weekend's snow
emergency. A number of staff used that for that emergency. That tool sets the proper response for those
types of events. He noted that he was thankful the County made that tool available.
Mayor Lizke thanked Director Brown for his dedication to and time commitment to emergency
management training he has undertaken and for his collaboration with South Lake public safety officials
and the other South Lake Public Works Departments,
B. Mayor and City Council
Councilmember Woodruff stated he was sad to inform people that former council member Laura Turgeon
passed away on December 8"' after a short illness. There will be a visitation from 10:00 A.M. — NOON
and a service at Noon on December 15'' at Huber Funeral Home in Eden Prairie.
Councilmember Zerby stated he attended the Excelsior Fire District (EFD) Board meeting on November
28, 2012. The main topic of discussion was EFD Chief Gerber's 3600 performance review. The Chief
received close to a rating of 5 out of 5. He noted that the South Lake cities are lucky to have Chief Gerber
in his position. Gerber is one of the best.
Mayor Liz6e stated this is her last regular meeting as Mayor of the City of Shorewood. She thanked the
community for its support of Council during her fourteen years as an elected official. She expressed her
pleasure for being able to work with staff and stated that she has gotten to know them well. She then
stated that it has been a pleasure to work with this City Council. She noted that she has enjoyed every day
of her job as an elected official.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
December 10, 2012
Page 9 of 9
13. ADJOURN
Lizee moved, Zerby seconded, Adjourning the City Council Regular Meeting of December 10, 2012.
Following are Councilmember Zerby's remarks about Mayor Lizee's contributions to the City of
Shorewood and the surrounding community.
I would like to take just a brief moment to thank Mayor Lizee for fourteen amazing years of service as
both a two -term Councilmember and a three -term Mayor. Her dedication to the City of Shorewood and
the surrounding community has been beyond any call of duty.
During her service she has been an instrumental as a tough protector of our natural resources through
tough aquatic invasive species management and substance control measures, including a state -wide ban
on residential phosphorus lawn fertilizers. She has been a steward of our civic responsibilities by creating-
fair and just ordinances such as the recent ones for domestic partnerships and the social host ordinance
recently. She helped build and improve the City's infrastructure so that will carry the City forward for the
next fifty years. That also including building two new fire stations, a modern police facility, two new
parks, and most importantly adding flush toilets to two parks.
Mayor Lizee worked with eleven different City Council members, dozens of planning and park
commissioners as well as numerous mayors and city administrators, watershed officials and so on. She
connected with the more than 7,300 residents of Shorewood in so many ways.
Mayor Lizee, thank you for your time and more importantly for all of the love you have given to your
City. We are a better place for your involvement. Thank you!
Meeting adjourned at 7:53 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine Lizee, Mayor
S. Jo3/6+, Ii terim City Administrator /Clerk