04-22-13 CC Reg Mtg MinCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 22, 2013
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Zerby called the meeting to order at 7:00 P.M
A. Roll Call
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Present. Mayor Zerby, Councilmembers Hotvet, Siakel, Sundberg (arrived at 7:04 P.M.), and
Woodruff, Attorney Keane; City Administrator Joynes; Finance Director DeJong;
Planning Director Nielsen; Director of Public Works Brown; and, Interim City Engineer
Homby
Absent: None.
B. Review Agenda
Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Retreat Minutes, March 23, 2013
Hotvet moved, Woodruff seconded, Approving the City Council Retreat Minutes of March 23,
2013, as presented. Motion passed 4/0.
B. City Council Regular Meeting Minutes, April 8, 2013
Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of April
8, 2013, as presented. Motion passed 4/0.
3. CONSENT AGENDA
Mayor Zerby reviewed the items on the Consent Agenda.
Woodruff moved, Siakel 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. 13 -022, "A Resolution Authorizing the Mayor and
City Administrator to Enter Into an Agreement for the Construction of a Sidewalk
Adjacent to County Road 19."
C. Accepting a Donation from American Legion Post 259
CITY OF SHOREWOOID REGULAR COUNCIL MEETING MINUTES
April 22, 2013
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D. Adopting RESOLUTION NO. 13 -023, "A Resolution Approving a License to
Retailer to Sell Tobacco Products, Lucky's Station LLC #7, 24365 Smithtown
Road."
E. RESOLUTION NO. 13 -024, "A Resolution Authorizing the City Administrator to
Enter Into an Agreement with the Minnehaha Creek Watershed District to Accept a
Grant for Managing the 2013 Aquatic Invasive Species Inspection Program."
F. Accepting Proposal for Professional Services for 2013 Mill and Overlay Project,
City Project 13 -05
Councilmember Woodruff stated Council received an email from Staff earlier in the day that the
investigation for the tobacco license came back clean. He asked if it is appropriate to adopt the resolution
this evening. The City Administrator and the City Attorney indicated it is.
Motion passed 4/0.
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Mayor Zerby noted that in the audience this evening there are members of Boy Scout Troup 424 from the
Excelsior area. Shiela Todd, a mother of one of the scouts and the merit badge advisor for the Citizenship
in the Community Badge, is also present. The scouts present this evening are working on two badges;
their Citizenship in the Community Badge and their Communications Badge.
Councilmember Sandberg arrived at 7:04 P.M.
Zerby then noted that the Citizenship in the Community Badge is required if a scout wants to become an
Eagle Scout. He stated a number of Eagle Scout candidates have done projects for the City and the City is
very grateful for that. He explained the merit badge for Citizenship in the Community was created in
1952. He then explained in the Boy Scout handbook for this badge it states "A nation is a patchwork of
communities that differ from each other and may be governed differently. But regardless of how local
communities differ, they all have one point in common: In the United States, local government means self -
government. Good citizens help to make decisions about their community through their elected local
of
Zerby noted that his son had been a member of Troop 424 when he was younger and it was an honor and
a privilege for him to serve.
5. PUBLIC HEARING
None.
6. REPORTS AND PRESENTATIONS
None.
PARKS
A. Report on April 9, 2013, Park Commission Meeting
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 22, 2013
Page 3 of 14
Commissioner Mangold noted the Park Commission now has a full complement of Commissioners. He
reported on matters considered and actions taken at the April 9, 2013, Park Commission meeting (as
detailed in the minutes of that meeting). He noted the Commission has refined its list of potential Eagle
Scout projects.
Mayor Zerby took a hand poll of the Boy Scouts on a number of things related to Badger Park. I-Ie asked
how many of them have used Badger Park or know where it is. There was a fair showing of hands (8 —
1.2). He asked how many of them use the tennis courts in the Park (6 — 8). He asked how many played
hockey in the Park (1 — 3). He asked how many played football in the Park (3 — 5). He stated the
information from the hand polling is helpful.
B. Approval of Establishing Community Gardens at Freeman Park
Director Nielsen stated the Park Commission has recommended the City establish a community garden
area in Freeman Park. The City already has a community garden area in the Skate Park on the other end
of town. All of the garden plots there are booked up for the 2013 season. The City has already started to
take reservations for the plots in Freeman Park if this item is approved. The Commission suggests having
a 25 foot by 50 foot garden area in Freeman Park. It would be located on the south end south of the
current parking lot. The Commission recommends starting out similar to the way things started out at the
Skate Park.
Nielsen explained Public Works has advised that the location selected is in the location of the old road
going into the Park making the underlying soils quite poor. Therefore, some excavation will have to be
done and some compost will have to be placed in the garden area. He noted that he has not received
quotes for compost yet. Approximately 50 cubic yards total will be needed for the Freeman Park garden
area and the enlargement of the garden area in the Skate Park.
Nielsen noted the Park Commission and Staff recommend approval of community garden plots at
Freeman Park.
Director Brown clarified Public Works is going to have to excavate out a portion of the old roadway in
the Park and replace it with some decent topsoil that will support plant growth. That will take some time
to do. Those who sign up for the plots will have to exercise patience while Public Works gets the area
ready.
Councilmember Woodruff stated the minutes from the April 9t" Park Commission meeting indicate that
four of the proposed plots in Freeman Park have been spoken for. A couple of those gardeners are from
the City of Excelsior and they would like to garden at Freeman Park because the soil is better in
Shorewood. He recommended Shorewood residents have access to the plots first. If all plots are not
spoken for then the City can allow non - residents to use them. He then stated the minutes indicate that
Director Nielsen explained the small fee the City receives for using the garden plots goes into the Park
Fund. He clarified it goes into the General Fund.
Councilmember Hotvet asked if there will be a source of water for the gardeners. Director Nielsen
explained initially it will be rain barrels. If there is not enough rain then Public Works will fill the rain
barrels.
Councilmember Siakel expressed her support for moving forward with establishing a community garden
area in Freeman Park, noting there are a number of residents who live in the Shorewood Ponds
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April 22, 2013
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development who want the garden plots. She stated that looking into the future it may be prudent to fence
the garden area so non gardeners don't disturb the garden plots.
Siakel moved, Hotvet seconded, authorizing Staff to construct the garden area in Freeman Park
consistent with the Park Commission's recommendations.
Mayor Zerby expressed his support for this. He stated he thought it gives residents a different activity to
do. It's a low cost thing to do and it supports the City's goal of being a green and sustainable city.
Councilmember Sandberg cautioned against doing something that will be perceived as being too punitive
to neighboring residents in the South Lake area. She noted that she understands Councilmember
Woodruff s concern.
Commissioner Mangold reiterated some gardeners think Shorewood has better soil in its Skate Park
community garden plots. Director Nielsen noted that is because the Shorewood Public Works personnel
made an effort to make sure the soils were good.
Motion passed 510.
8. PLANNING
A. Awarding Quotes for the County Road 19 Sidewalk Project
Director Nielsen stated the City has received quotes for the County Road 19 sidewalk project. The City
asked for bids for both a bituminous surface and a concrete surface both six feet wide. The low bidder is
Barber Construction. The total City cost for the project after factoring in the $18,000 grant from Hennepin
County is $50,401. There is $72,000 budgeted for the project. If the City went with concrete the cost
would be approximately 10 percent more. He noted the reason Staff recommends going with the
bituminous surface is if the trait were to be extended farther north, it is unlikely that extension would be
concrete.
Nielsen noted. Staff recommends Council approve the construction of a six foot wide bituminous sidewalk
extension and awarding the contract to Barber Construction for an amount not to exceed $60,150 subject
to the City obtaining the necessary permits (this has been done).
Mayor Zerby noted the segment of sidewalk would extend from the existing sidewalk in front of the
Tonka Village Shopping Center in the City of Tonka Bay north along the east side of County Road 19 to
the Lake Minnetonka Light Rail Trail (LRT) Trail.
Director Nielsen asked if Council wants to have a ground breaking event prior to the start of construction.
He stated Staff can identify some alternative dates once the actual construction start date is known.
Mayor Zerby stated it would be nice to do that. He noted this project has been going on for a long time
and it's nice to see that it's approaching the construction phase.
Siakel moved, Ilotvet seconded, Adopting RESOLUTION NO. 13 -025, "A Resolution Accepting
Quote and Awarding Contract for the County Road 19 Sidewalk with a Bituminous Surface, City
Project No. 12-01." Motion passed 510.
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April 22, 2013
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A. Approval of Cooperative Agreement and Plans for Metropolitan Council
Environmental Serves (MCES) Excelsior Area Interceptor Improvements
Interim City Engineer Homby stated the meeting packet contains a copy of a memorandum authored by
him explaining some of what the Metropolitan Council Environmental Services (MCES) Excelsior Area
Forcemain Improvements Project is about. He explained MCES is planning to construct a redundant
forcemain next to its current line. In addition to redundancy that new line will make maintenance and
operations of MCES' facilities easier. Parts of the project area are in located in Shorewood, Excelsior and
Greenwood. Within Shorewood the improvements area are located within Shorewood's rights of way in
Excelsior Boulevard and Covington Way. The meeting packet contains a copy of a Metropolitan Council
Land Acquisition, Design, Construction and Cooperation Agreement (the Agreement) which outlines the
scope of the project as well as three City projects that may be done in conjunction with the MCES project
at the invitation of MCES. A copy of the final Agreement was emailed to Council on April 190'. He noted
that his memo identifies his estimated costs for the City's projects (the estimated costs are also included
in the Agreement) and the amounts budgeted for the projects in the Capital Improvement Program (CIP).
Homby reviewed the items in the Agreement that MCES did not revise based on the City's comments.
They are as follows.
L IV Easements
➢ Item IA includes "permits" — Staff wanted to make sure this item includes a limited use
permit (LIP) from the Minnesota Department of Transportation (MnDOT) for the Excelsior
Boulevard trail since the retaining wall would be located with the Trunk Highway 7 right of
way. The wall would be constructed out of MnDOT acceptable material.
➢ Item LB — Staff requested the Item be eliminated entirely because the City is not acquiring
easements for the City project work. MCES wants to leave the item in the Agreement. He
does not have an issue with that but deferred to Attorney Keane's judgment.
2. IX Responsibility and Indemnity
➢ Item 2 contains language "are able to ". Staff requested it be replaced with "shall ". MCES left
it as "are able to ". It was in the Item about insurance coverage.
3. XI Incorporation of Applicable Law and XIII Successors and Assigns
➢ Attorney Keane requested eliminating of XIII incorporating "governing law" into the first
sentence of XL MCES preferred it the way it was written.
4. Exhibit B -2
➢ There is an error in the MCES estimate using $15 instead of $1500 for the 2 x 3 storm sewer
catch basin. The total amount does not match his memo to Council.
Homby stated the meeting packet contains a copy of the excerpt of the plans. The excerpt is for those
projects in the City's rights of way including the City projects. The plans were about 170 pages in length.
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April 22, 2013
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Director Brown stated this is a major project that will unfold over the next two years. Be explained the
redundant pipe line will handle waste water. The Agreement is between Shorewood and Metropolitan
Council which MCES is a part of.
In response to a question from Councilmember Hotvet, Interim City Engineer Hornby explained the City
would own and operate the retaining wall that will be located in the MnDOT right of way.
Councilmember Woodruff stated the trail extension along Excelsior Boulevard would be between
Barrington Way and Manor Road. It would be a trail to nowhere. It would be a very short extension. He
expressed concern about spending this amount of money for a trail segment that does not go anywhere.
He stated he appreciates there may be some financial advantages to construct it in conjunction with the
MCES project. He then stated Council may want to revisit how important that trail segment is to the City
in light of funding issues. He noted that this evening Council is being asked to approve the plan. It is not
being asked to approve doing the work. Interim City Engineer Hornby stated Council will be asked to
approve the work during its May 13`h meeting after the bids are in. Woodruff reiterated that he has
concerns about spending $162,000 on a trail segment that does not connect to anything.
Woodruff stated Interim City Engineer Hornby's memo indicates MCES will reimburse the City an
estimated amount of $90,000. He asked how much of that WSB & Associates is going to bill the City for.
How much of that $90,000 can defray costs of the project outside of what the City has to pay for
engineering?
Interim City Engineer Hornby explained the $90,000 will be used to cover staff costs. WSB will have
some costs and they will be mostly associated with construction observation. The Agreement specifies the
City have observations on the City projects. The inspector will be out on other projects as well. It also
covers attorney costs and other staff costs. He noted he estimated the $90,000 before the Agreement was
drafted and the amount will be slightly less. Woodruff stated he wanted to make sure people did not think
the City will be reimbursed $90,000 without a cost attached to it. Hornby explained the $90,000 is purely
for what the City submits for reimbursement to the Metropolitan Council. Woodruff stated if what is
submitted is for internal staff that means staff is not doing something else. If what is submitted is for legal
work, WSB work or work performed by some other outside company then that cannot be counted as
revenue to offset the project costs. Hornby clarified it is just a reimbursable cost.
Councilmember Woodruff stated Council is being asked to approve the Agreement this evening yet Staff
still has open issues with it. Interim City Engineer Hornby stated from an engineering standpoint he is
recommending approval. Hornby asked Attorney Keane to weigh in on Item 2 (Responsibility and
Indemnity) and Item 3 (Incorporation of Applicable Law). Keane noted leaving those items the way
MCES wrote them does not materially or fundamentally change anything. Hornby stated he has no
problem leaving Item 1 (Easements) the way MCES wrote it. Woodruff asked if leaving the incorrect cost
for the catch basin in Exhibit B -2 is material enough to get it changed. Hornby explained that per the
Agreement MCES will insert the actual bid costs in Exhibit B -2.
Woodruff noted that he is satisfied with the Agreement as presented.
Mayor Zerby stated it appears that the vast majority of the cost of the trail extension is for the modular
block retaining wall. The cost for the bituminous wall: and concrete pedestrian ramp are less than
$10,000. He asked if there is an alternative to the retaining wall. He stated he would like to ensure there is
an opportunity to build the trail extension now or in the future. He noted that there are a number of
residents that would like to be able to safely walk to Excelsior. That current section of roadway is
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 22, 2013
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relatively hostile to pedestrians. It would be nice to have a safe passage way. He asked Interim City
Engineer Hornby to comment on this.
Interim City Engineer Hornby explained consideration was given to having the trail on the north side of
the roadway. There does not appear to be enough slope to put the trail there. There was discussion about
raising the height of the roadway there. That would not have made much of an impact. To put the trail in
requires cutting into the side slope along Highway 7. The proposed modular block retaining wall is the
most cost effective retaining wall while preserving Highway 7. To use a smaller modular block (one
about 8 inches tall and 16 inches long) requires a grid be put in behind the wall. That grid can go for quite
some length and would require excavating even closer to Highway. The type of modular block proposed
is 24 inches tall and 48 inches long. The blocks are much heavier and designed to be like a gravity wall up
to a certain height. A sheet pile type retaining wall that would tie under Highway 7 was also considered.
That option cost much more ($230,000).
Councilmember Hotvet stated when this trail was discussed one time there were Greenwood residents
who indicated they would like to see the trail constructed. She asked if Staff has spoken to Greenwood
staff or the Greenwood Council about contributing toward the cost of this extension. Interim City
Engineer Hornby stated Staff has not because the trail extension would be completely in Shorewood.
Hotvet noted residents of Greenwood would use it, would benefit from it and she thought the residents
would be open to talking about providing financial support. Hornby explained there are two sections that
need a retaining wall. One in Excelsior and then the one proposed in Shorewood. The one in Excelsior
would be near the cemetery on the south side of Excelsior Boulevard. Hotvet asked if Excelsior is moving
forward with its trail. Hornby explained Excelsior already will be a boulder- faced, sheet pile retaining
wall. The sheet pile has to be put in to ensure the hill does not slide into the trench when the forcemain is
put in. That wall is much more expensive and MCES is contributing heavily to that wall. Hornby then
explained Excelsior Boulevard going east from Manor Road dips down and Highway 7 stays elevated. In
that section there is a much greater slope that has to be dealt with. That condition does not exist west of
Manor Road. Hotvet asked if there are any grant opportunities. Hornby stated he researched Minnesota
Department of Natural Resources (DNR) grants and other grants available through MnDOT and the
Metropolitan Council. This trail could qualify but it is unlikely it would fare well. For example, the trail
would not connect to any trail at this time and therefore it is not a good candidate for a DNR grant.
Councilmember Woodruff stated eastbound from Barrington Way there is no trail/sidewalk to connect to
and westbound from Manor Road there is no trail /sidewalk to connect to. Interim City Engineer Hornby
clarified there is a 4 -foot -wide bituminous path that goes west from Manor Road and that will be replaced
by Greenwood in conjunction with the MCES forcemain project.
Woodruff again expressed concern about the City spending that amount of money for something that
connects to very few residents in Shorewood. He commented that there are some fairly influential people
that live in Barrington Way. If the trail was to go on to the Skate Park that would be different. He
suggested looking at this trail segment as a future project and constructing a longer trail segment that may
make grant funding easier to get. He noted he thought it would be a waste of money at this time.
Councilmember Hotvet stated she wants hear what Greenwood has to say.
Councilmember Siakel stated it would be nice to have a couple of options. She asked if being more
creative in how the road is striped would help in that stretch. Interim City Engineer Hornby stated that
could be done but not to current design standards. The road is not wide enough in that stretch to do that.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 22, 2013
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Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 13 -026, "A Resolution Approving
Metropolitan Council Land Acquisition, Resign, Construction and Cooperation Agreement for the
Excelsior Area Improvements, Metropolitan Council Environment Services Project 802850 and
Approving Plans for MCES Project 802850 (City Project No. 12 -I1)" as presented recognizing that
Council will have to make a decision on which Shorewood projects get done in conjunction with the
MCES project during its May 13, 2013, meeting.
Mayor Zerby asked if there is an opportunity to discuss potential funding partners on this trail segment.
Administrator Joynes stated Staff can make the inquiry but he is not optimistic about the outcome.
Motion passed 510.
10. GENERAL/NEW BUSINESS
A. Beer Management Program
Director Nielsen stated Three Rivers Park District completed its 2013 aerial deer survey. The results
reflect a count of 72 deer; down from the 2012 count of 81 and up from the 2009 count of 64 which was
the lowest. He noted the count is just a snap shot on a given day. He explained that in 2012 34 deer were
harvested; the most ever as part of the Deer Management Program. When the 2009 count reached 64
Council decided to suspend the Program for 2009. For 2010 and 2011 the counts increased to 106 and 145
respectively.
Nielsen then stated the City continues to receive calls from property owners who would like to have their
property harvested. The calls the City receives about the Program are overwhelmingly supportive. He
commented there are a couple of sites on the east end of town that could prove good for harvesting. He
noted Staff is recommending the 2013 harvesting be limited to four weekends. The actual dates have not
been selected. Metro Bowhunters Resource Base QA4BRB) will provide its preferred dates. In 2012 five
weekends were authorized and by the fifth weekend the harvest numbers are minimal.
Nielsen stated the City has received calls about harvesting coyotes. The archers have indicated they may
have been able to harvest a coyote if they had been authorized to do so. He clarified Staff is not
recommending that. It would not be an effective way to reduce coyotes in Shorewood.
Councilmember Siakel asked if the bowhunters have experience in dealing with coyotes in other cities.
Director Nielsen responded he is not sure. Siakel stated in some ways she thought harvesting coyotes
could be a good thing to do, but she does have concern that it's easy to mistake a dog for a coyote. Siakel
expressed her preference for scheduling the 2013 harvesting for five weekends. That allows for some
flexibility and it does not mean there has to be five weekends of harvesting. She asked for more
information about harvesting coyotes.
Councilmember Hotvet stated she supports scheduling five weekends for harvesting and that she shares
Councilmember Siakel's concern about mistaking dogs for coyotes.
Councilmember Woodruff questioned if the decision about harvesting coyotes could be made at a later
date. Director Nielsen stated it could.
Councilmember Sandberg stated if the bowhunters could be absolutely sure that what they are attempting
to harvest is a coyote she would like to have the coyotes thinned out a little bit.
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April 22, 2013
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Siakel moved, Sandberg seconded, approving the Deer Management Program be continued in 2013
with Metro Bowhunters Resource Base conducting the harvesting effort and authorizing the
harvesting to occur on five weekends. Motion passed 5/0.
B. Spring Season Field Conditions and Park Use
Director Brown stated because of the late spring and the most recent snowfalls, Staff is proposing that at a
later date a specific date be set for when organized sports can start to use the ball fields in the City's
parks. The fields need time to grow and dry out. Intense use by organized sports groups will damage the
fields if that is not allowed to happen. Staff just wanted to make Council aware of this. He noted Staff is
acutely aware that ball teams are anxiously waiting to play outdoors (they have been playing indoors to
date). It is also aware of the need to protect the City's investments. He stated many of the sports
organizations have received notice from their governing leagues to be on alert that a delay in availability
of ball fields is coming. Staff will research the weather forecasts and what other communities are doing in
the area before setting the date. Once the date is set it will be communicated to all sports organizations
and put on the City's website.
Mayor Zerby asked if Staff will put up signage to notify people the ball fields are not open for use or put
up some type of barriers. Director Brown stated the greater concern is about the intense use of sports
leagues. Zerby then asked if the date should be established and communicated now. Brown stated that
based on today's snow it could be premature to set the date.
C. Liquor License Violation — Team Liquor Ovine and Spirits
Administrator Joynes explained that the City received notice that an employee of Team Liquor Wine and
Spirits located at 19905 Highway 7 failed a compliance check conducted by the South Lake Minnetonka
Police Department (SLMPD). The employee received a probationary sentence and a fine of $300. The
City Ordinance requires that for a first offense an administrative penalty of $500 be levied against the
establishment. Council has the option of suspending or revoking the establishment's liquor license. If a
decision is made to do that the City is required to provide an opportunity for a hearing for the
establishment with proper notice. It has been some time since this has occurred in the City. At that time
the then Council levied the penalty and it required the employees of the organization that failed the
compliance check to attend an Alcohol Compliance Check Awareness Training Program and provide
proof of completion of the training within two months. Because this is the first offence Staff is
recommending Council do the same for this offense.
Councilmember Woodruff noted he agrees with Staff s recommendation and that he was on Council when
this last happened about five years ago. He stated violations are serious but he does not think it's
necessary to suspend the liquor license because it is a first violation.
Comrcilmember Hotvet noted she supports Staff's recommendation. She stated she thought this goes hand
and hand with the City's Social Host Ordinance and taking underage drinking very seriously.
Couneilmember Sandberg stated this organization is relatively new in Shorewood. She asked if they have
a history of violations at its other establishments. Administrator Joynes stated he did not think so and he
will research that. She stated she wants to ensure that any businesses selling alcohol in Shorewood adhere
to the law.
Administrator Joynes stated based on his years of experience with things like this the mistakes are
typically made by a single employee. They do not make the mistake willfully. It is seldom the case that
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April 22, 2013
Page 10 of 14
the business lacks discipline. The business's livelihood is dependent on the liquor license it holds. He
explained the City Ordinance does allow for progressively stiffer penalties and at any time the City can
revoke a license. He reiterated Staff believes the $500 penalty and the requirement for training is
sufficient.
Mayor Zerby stated owners of this business have two other locations.
Councilmember Woodruff stated it's his recollection that this liquor license was granted in the last year
Administrator Joynes stated the City sold that operations to Cellars and then Cellars sold it to Team
Liquor Wine and Spirits.
Councilmember Woodruff stated the City has to be careful about making a decision on a situation that
occurred in the City based on what someone may have done in another city.
Councilmember Sandberg stated she was just trying to ascertain what type of business operator they are.
She then stated she does want to send a message that she as a Councilmember takes this seriously.
Woodruff moved, Sialrel seconded, levying an administrative penalty of $500 against Team Liquor
Wine and Spirits and requiring representatives of the establishment to attend an Alcohol
Compliance Check Awareness Training Program and provide proof of completion of such training
within two months. Motion passed 510.
Other
Mayor Zerby noted that the Boy Scouts have met the one- hour - minimum requirement for their
Citizenship in the Community Badge. Therefore, they can leave the meeting if they want.
Councilmember Hotvet congratulated the Scouts for being great listeners and well behaved.
Following are the highlights of the questions the Boy Scouts asked from the audience and the responses to
them.
• Is it true that light rail will go from Minneapolis through Shorewood and Excelsior and on to
Eden Prairie? Mayor Zerby - Council has not heard anything to that nature yet. There is a project
scheduled for 2014 to build an overpass where the LRT crosses County Road 19 and that
overpass would make light rail through that area difficult to put in.
• not was the violation of the liquor company? Administrator Joynes — An employee sold alcohol
to an underage person.
• Where are the retaining walls for the trail that may be constructed as part of the forcemain
project? Director Brown — They would be along the hill between the subdivision that is known as
Barrington Way over by Manor Road between Highway 7 and Excelsior Boulevard. It would be
necessary to cut into the slope to put a trail there and that requires a retaining wall.
• Is the City going to f nish the little pathway by Middle School West? Councilmember Hotvet —
That is in Chanhassen and she thought it was finished or close to being finished.
• Is the City conducting its Deer Management program because there are too many deer? Director
Nielsen — The City has received many complaints from residents about deer causing damage.
When the deer population gets too high the deer start to eat people's landscaping plants. The City
did a study a few years ago to determine the optimum number of deer that can live in Shorewood.
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April 22, 2013
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Mayor Zerby — When there are too many deer they start to eat human food and that is not healthy
for them.
• Don't coyotes eat the dear? Director Nielsen— Coyotes go after the younger and older deer. With
the increase of one there is an increase of the other.
• Is there something luring the deer here? Director Nielsen — Two years ago the City implemented
a deer feeding ban. Feeders can attract deer to places they may not otherwise go.
• A Scout expressed his desire to keep the height of the fence at the ball field at Freeman Park at
sixfeet.If it was replaced with a ten foot -high fence it would be difficult to hit home runs there.
• A Scout asked that the bottom of the fence that is in disrepair be repaired so ground balls do not
go under the fence.
Councilmember Sandberg asked the two remaining Boy Scouts how they would recommend getting
young people in the community engaged with City Council. She noted she was impressed they were still
present at 8:30 P.M. A Boy Scout stated it would depend on if the young people have any interest in what
will be discussed during a Council meeting. Sundberg asked each of the Scouts what grade they were in.
One was in seventh and the other in fifth.
11. OLD BUSINESS
A. City Owned House at 5795 Country Club Road
Mayor Zerby stated the meeting packet contains a copy of a memorandum from Attorney Keane
regarding the property located at 5795 County Club Road which the City owns.
Attorney Keane stated Council has discussed the disposition of the single - family residential property.
Staff is looking for final direction so it can proceed with the next steps such as notifying the property
manager and the tenant and preparing a marketing plan. He noted State Statute does require a
recommendation from the Planning Commission on the disposition of city -owned real estate in the City.
Therefore, Council needs a motion to send it to the Commission for consideration.
Mayor Zerby explained the City purchased that property before it remodeled City Hall a few years ago.
The property has been leased to tenants for some time. The property is located just south of City Hall. The
property was not needed to potentially build a new City Hall.
Councilmember Woodruff stated when Council last discussed the disposition of the property there was
some discussion about inspecting the property to ensure it is in compliance with the City Code. Attorney
Keane stated that will happen after receiving formal direction from Council to begin the disposition
process. Woodruff then stated that the housing market seems to be recovering and based on what he read
in the newspaper there are not enough houses to meet buyer demand. He went on to state the appraiser has
appraised the property about $25,000 less than what the City paid for the property. He commented that
Council held on to the property with the hope that the housing market would recover.
Woodruff moved, Hotvet seconded, sending the potential disposition of the property located at 5795
County Club Road to the Planning Commission for a recommendation and directing Staff to notify
the property manager and the tenants that the City is planning on disposing of the property.
Motion passed 5/0.
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A. Administrator and Staff
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 22, 2013
Page 12 of 14
1. 2012 Year -End Report
Director DeJong stated the copy of the 2012 Year -end Budget Report included in the meeting packet
reflects that for the General Fund revenues and expenditures were just about even. The increase in
building activity contributed to the revenues being close because it was about $120,000 higher than
budget. Funds from the General Fund balance will not be needed to balance the Budget. He noted that
could be subject to audit changes. The field work by the auditors was completed last week. The auditor
will present the audit results to Council in June. He asked Council if it wants the findings to be presented
during a work session or regular meeting.
Mayor Zerby stated lie liked the idea of doing it in a work session.
Councilmember Woodruff stated the audit report has to be accepted during a regular meeting. He
congratulated Staff and Council for coming in within $300 on an approximate $5 million budget.
2. 2013 Monthly Budget Report
Mayor Zerby stated the meeting packet contains a copy of the March 2013 Monthly Budget Report.
3. Organics Pilot Program Update
Mayor Zerby stated the meeting packet contains a copy of a memorandum providing an update on the
Organics Pilot Program.
Other
Director Brown stated with the recent wet snow falls some residents have been upset because the snow
plows were out too soon and others were upset because the plows were not out soon enough. Staff is well
aware that there are a number of areas where turf has to be repaired after weight restrictions come off.
Public Works continues to fill pot holes between snow storms. He then stated there are a number of
construction project star[ -ups. The Ashland Woods development just off of Strawberry Lane will be
starting up in a couple of weeks. It will be necessary to do a one to two day closure of Strawberry Lane.
Advance signage will be put up and notification will be sent out. There was a preconstruction meeting for
the lift station projects held over from 2012 at Edgewood Road and near the end of Smithtown Road.
Edgewood Road will have to be closed for a number of days; there is a way around that closure. There
will be advance warning signage up for that as well.
Mayor Zerby stated a couple of months ago he met with the Mayor of Deephaven. One of the things they
discussed is the intersection of Vine Hill Road and Highway 7. He asked if there have been any more
discussion with the Minnesota Department of Transportation (MnDOT) about the intersection. Director
Brown explained Deephaven is very interested in widening the road at the intersection largely because of
the school traffic in the morning that backs up. Frustrated drivers make driving moves that cause safety
concerns. Brown noted that the improvement project is not budgeted for or included in any of the City's
improvement programs. He stated Staff held off on doing anything about the project with the hope that it
would be discussed during the recent Council and Staff retreat to find out if Council wants to add it to the
list of roadway improvement projects. That project needs to be discussed during a work session. Staff
could be prepared to have that discussion during the next month or so.
CITY OR SHOREWOOD REGLLAR COUNCIL MEETING MINUTES
April 22, 2013
Page 13 of 14
Mayor Zerby stated he has noticed drivers cutting across the old Tonka Bait property near the intersection
of Smithtown Road and County Road 19. Someone has taken the chains on that property down. He asked
Staff to contact the owner of the property.
Interim City Engineer Hornby stated that for Council's May 13th meeting he will provide Council with the
Metropolitan Council Environmental Services (MCES) bid amounts for the projects the City may do in
conjunction with MCES' forcemain interceptor upgrade project. He then stated Staff has sent a notice to
the residents in the area of the Valleywood Lane / Valleywood Circle improvement project. There are
some unique issues with the roadways. He received an email from one of the residents about the project
and he will schedule a meeting with that resident and maybe Mayor Zerby to talk about the
neighborhood's concerns.
Director DeJong stated that prior to the meeting he provided Council with an update on the progress to
date on the conversion of computer support services and what remains to be done. The cutover will be
done over this upcoming weekend. He noted Director Brown will be around during the conversion. The
new service provider, HeatSeeker Technology Partners, Inc., will continue to have representatives on site
Monday as well. He indicated based on what he has observed to date he anticipates the cutover to go
smoothly.
Director Brown stated HeatSeeker has taken a very methodical and organized approach to this project. He
noted there are a number of tasks that CenturyLink has to do and it does not do cutovers on the weekend.
Therefore, the City's phone system will be down from 20 minutes to two hours on Monday morning.
HeatSeeker anticipates it will be closer to 20 minutes. He stated Staff will send Council an email after the
cutover on Monday. If Council does not receive the email he asked Council to let Staff know.
Director Nielsen stated he has been told that the offers for easements for the Smithtown Road sidewalk
project went out. So far the responses have been quite good. He then stated he has met with the
prospective owner of the old Oasis property located on the southeast corner of the intersection of County
Road 19 and Smithtown Road. The property owner has purchased another Oasis property near Highway 7
and made improvements to that building. The prospective owner's intent is to improve the property at the
intersection.
Administrator Joynes explained Twila Grout, a member of the staff, has been spending half of her time at
the Southshore Community Center (SSCC) getting things coordinated and consolidated. There were three
different calendars that have been combined into one. The City has hired four part-time people to act as
building coordinators during off hours to ensure there is always a presence from the City whenever the
SSCC is in operation. The feedback on that has been very good. Six new room rentals have been booked
in the last several weeks. He noted that a special Council meeting has been scheduled for May 20 'h to talk
about the future of the SSCC. He stated that South Shore Senior Partners (SSSP) has requested an
opportunity to Council to talk about services they would like to have at the SSCC. He asked Council if it
would like to have that presentation during the May 20 "' meeting or does it want to have the presentation
after discussing the future of the SSCC.
Councilmembers Hotvet, Siakel and Woodruff stated they would be okay with having the presentation
during the May 20 "` meeting. Woodruff requested Council be provided a copy of the presentation ahead
of time. Administrator Joynes stated he will send Council the information SSSP sent him. Administrator
Joynes suggested SSSP make its presentation in a meeting before the May 20 "' special meeting.
Administrator Joynes stated the League of Minnesota Cities (LMC) conference is scheduled for June 19th
— 21 ". He asked Council to let staff know if they want to attend. Councilmember Hotvet stated she was on
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April 22, 2013
Page 14 of 14
the planning committee for the conference and a lot of work went into the planning. Hotvet noted there
will be a special event on June 196' to celebrate the centennial of the LMC with a special guest. Mayor
Zerby noted that he would like to attend the conference.
B. Mayor and City Council
Councilmember Siakel stated she attended the Excelsior Fire District (EFD) Board's budget work session
on April 17`x'. The draft budget reflects a 2 percent increase in the municipal contribution. Based on this
year's allocation formula the City's share of the contribution will be less than in 2013. There was a
discussion about a compensation review for the full -time staff. The City Administrators /Manager were
asked to take that on. That could impact the 2014 budget. There was also discussion about the benefits
and costs of having a duty officer crew with two members at each station from Friday 6:00 P.M. to
Sunday 6:00 P.M. She noted she is impressed with the staff. They deliver a quality service to the
residents.
Councilmember Woodruff noted he did not attend the Metro Cities meeting on April 186' because of the
weather. He stated based on the City Ordinance weight limits will come off on May I ". He asked if the
roadways are in shape to take them off. Director Brown explained the frost is out of the roadway surfaces
but the ground underneath is not dry. He noted that he intends to propose making the City's weight
restrictions consistent with MnDOT's.
Woodruff stated that in the past the hiring of part -time staff came before Council for approval. He is
unsure if that is a legal or policy requirement. Administrator Joynes stated he is not aware of any policy
but he will research that. Joynes noted that two of the part -time people were already on staff.
Mayor Zerby stated he attended a Lake Minnetonka Communications Commission (LMCC) Executive
Committee meeting last week. The LMCC has received a proposal from Mediacom for a franchise
renewal agreement (JPA). With the current agreement Mediacom is required to build out to 30 homes per
mile density. The proposal requires it build out to 15 homes per mile. He then stated that during the
Committee's previous meeting the City of Victoria has requested that a committee be formed to discuss
the joint powers agreement which will be coming up for renewal fairly soon. Per the Committee's request
a letter was sent out to the LMCC member cities asking if the cities would like representation on the new
committee. He noted he and the City's LMCC representative Joe Huber both sit on the Committee. He
suggested Mr. Huber represent the City on the JPA review committee because he has been impressed with
him and he has good ideas. There was Council consensus to have Mr. Huber be the City's representative.
13. ADJOURN
Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of April 22,
2013, at 8:45 P.M. Motion passed 5 10.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Je Panchyshyn, City Clerk
Sc Z-66y, May r