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05-27-14 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 27, 2014 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:04 P.M 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Hotvet, and Woodruff; Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Homby Absent: Councilmembers Siakel and Sandberg B. Review Agenda Woodruff moved, Zerby seconded, approving the agenda as presented. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, May 12, 2014 Woodruff moved, Hotvet seconded, Approving the City Council Executive Session Minutes of May 12, 2014, as presented. Motion passed 3/0. B. City Council Regular Meeting Minutes, May 12, 2014 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 12, 2014, as amended in Item 9.A, Page 13, Paragraph 4, Sentence 1 change "... two cul -de -sacs and the area beneath them would not be drivable street" to "... two cul -de -sacs and the area between them would not be drivable street ". Motion passed 3/0. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Hotvet 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. 14 -034, "A Resolution Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales, for the Minnetonka Country Club"; RESOLUTION NO. 14 -035, "A Resolution Approving Intoxicating Liquor License On -Sale Intoxicating Liquor and Special Sunday Sales, for American Legion Post #259'; RESOLUTION NO. 14 -036, "A Resolution CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES May 27, 2014 Page 2 of 9 Approving a 3.2 Percent `Off -Sale' Malt Liquor License, for Shorewood 2001 LLC, dba Cub Foods"; RESOLUTION NO. 14 -037, "A Resolution Approving an Off -Sale Intoxicating Liquor License, for Park Square Subway, Inc., dba Shorewood Liquor'; and, RESOLUTION NO. 14 -038, "A Resolution Approving an Off Sale Intoxicating Liquor License, for TL Shorewood Inc. dba Team Liquor Wine & Spirits." C. Approve Agreement Between South Lake Minnetonka Police Department and City of Excelsior for Summer Dock and Park Patrol Services D. Setting a Date for a Work Session to Discuss Establishing a Policy on the Use of Chemicals for Vegetation Management E. Accept Proposal for Professional Design and Construction Services for Sunnyvale Lane Improvement Project F. Adopting RESOLUTION NO. 14 -039, "A Resolution Establishing the 2015 Budget Schedule." Councilmember Woodruff explained that in 2013 the 2014 maximum tax levy was set before the 2014 Capital Improvement Program (CIP) budget was discussed. The proposed 2015 budget schedule shows the same thing will happen. He expressed concern that there a few capital items that Council may want to spend a significant amount of money on in 2015 that would require levy changes. He stated there has to be some idea of what those items would cost before the maximum tax levy is certified with Hennepin County. Staff has to give Council either wider latitude of General Fund options or there has to be discussion about 2015 capital items before scheduled October 27 discussion. Director DeJong stated the schedule is consistent with previous years. He noted it affects transfers out of the General Fund into the capital funds. Councilmember Woodruff stated some transfer costs have to be built into the 2015 Operating Budget before the maximum levy is certified. Then if the costs built into the budget are too high the budget can be reduced before it is adopted in December. Administrator Joynes stated Council and staff need to discuss what additional capital items Council wants to be done in 2015. Depending on what happens with the Southshore Community Center there could be capital needs there in 2015. There are some unknowns. Staff can attempt to estimate what those costs might be. He requested there be Council input. Councilmember Woodruff stated Council can decide to change the budget schedule later. Administrator Joynes stated that staff will compile a list of items it is aware of. He noted there will be some operational things in the 2015 Operating Budget that will be add -ons that came out of the February 2014 Council and staff retreat that Council will have to decide on. Councilmember Woodruff clarified that he is looking for a not to exceed capital amount. Motion passed 3/0. 4. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 3 of 9 There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. A. Report on the May 7, 2014, Park Tours and May 13, 2014, Park Commission Meeting Park Commissioner Hartmann reported on matters considered and actions taken at the May 7, 2014, Park Tours and the May 14, 2014, Park Commission meeting (as detailed in the minutes of those meetings). Councilmember Woodruff stated the Park Tour meeting minutes indicated that balls still roll under the new ball fence in Freeman Park. It was his recollection that one of the reasons for installing new fence was to keep that from happening. Commissioner Hartmann stated that is being addressed by the installer. Woodruff then stated that last year about $20,000 was spent to remove buckthorn in Freeman Park. He asked if anyone has assessed the success of that effort. Hartmann noted that effort was driven by Council; the Park Commission had nothing to do with that. Woodruff asked for a report on the success of that effort. B. Authorize Expenditure of Funds in Support of an Eagle Scout Project for a Park Bench in Silverwood Park Director Nielsen explained that Eagle Scout candidate Benjamin Bushnell had asked the City about doing a project in Shorewood. On the list of potential Eagle Scout projects developed by the Park Commission, there was a project for installing a bench somewhat in between the play equipment and shelter in Silverwood Park, Mr. Bushnell made a presentation to the Commission. The Commission recommended approval of project and contributing up to $1,200 for the purchase of the bench and materials. He noted Mr. Bushnell is present. Mr. Bushnell asked Council to authorize the expenditure of up to $1,200. Councilmember Hotvet noted that she was the Council liaison at the Park Commission meeting when Mr. Bushnell made his presentation. She stated the bench would be consistent with things in other parks. She noted that time is of the essence. Mr. Bushnell noted that his birthday is mid -July. Hotvet explained the project and Mr. Bushnell's supporting paper work must be done and submitted by his birthday. In response to a question from Councilmember Woodruff, Director Nielsen explained the bench will cost about $700 plus tax and shipping. Materials for the base of the bench are also needed. In response to a question from Mayor Zerby, Director Nielsen explained the base will be concrete and the bench is made out of recycled resin material. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 4 of 9 Hotvet moved, Woodruff seconded, approving the Eagle Scout project that will be done by Benjamin Bushnell and authorizing the expenditure of up to $1,200 for the purchase of a bench and related materials. Motion passed 3/0. Councilmember Hotvet asked Mr. Bushnell to send the City a picture of the finished product 8. PLANNING A. Update on Three Violation Appeals from the May 12, 2014, Regular City Council Meeting Director Nielsen explained that during its May 12, 2014, meeting Council heard appeals of three zoning violations. All three appellants were given until today, Mary 27, to bring the violations into compliance. The one at 28150 Boulder Bridge Drive has been resolved. The one at 25480 Smithtown Road is also resolved but there is some question about where the fish house ended up. He is meeting with the owner of that property tomorrow. The container in violation on the 4390 Enchanted Point has been sold but the property owner has not been successful in getting the new owner to remove it. That property owner has asked for one more week to get the container off of his property. He recommended doing that. If it is not gone by then the City will begin assessing the administrative penalty. Early in the year the owners of the property located at 5770 Smithtown Circle were cited for having a vinyl structure that was in violation on their property. They were given until May 15 to take that structure down and they have done so. Woodruff moved, Zerby seconded, giving the owner of the property until June 2, 2014, to remove the container in violation off of his property. Motion passed 310. 9. ENGINEERING /PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Fourth of July Event Request for Support Administrator Joynes stated the Excelsior — Lake Minnetonka Chamber of Commerce has made its annual request for a contribution toward the Fourth of July fireworks event. He noted the 2014 Operating Budget allocates $5,000 for that purpose. Mayor Zerby stated he thinks that is a great event and it is a high value to the Shorewood residents. Zerby moved, Woodruff seconded, authorizing $5,000 of funding to the South Lake — Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July celebration. Motion passed 3/0. B. Resolution Approving the Operations of Dog Breeding at 6065 Lake Linden Drive Administrator Joynes explained the City received a request from Lindy Forstater, 6065 Lake Linden Drive, for permission from the City to breed up to two occasional litters of puppies per year similar to what she has done in the past. Ms. Forstater holds a multiple dog license with the City. There are a number of state requirements for animal breeders and dealers. All of them require the City to give approval to those residents who want to do that. It is not clear if she fits into those categories. He noted the resolution included in the meeting packet would approve the occasional dog breeding and that Ms. Forstater is responsible to comply with all state and federal regulations related to dog kennels, breeders, and dealers that are applicable. If she should change how she does things or wants to breed more CITY OF SHOREWOOD REGULAR COUNCIL MEETING, MINUTES May 27, 2014 Page 5 of 9 frequently it would be her responsibility to seek that approval from the State. Ile also noted it complies with the City's ordinance. Lindv Forstater, 6065 Lake Linden Drive, stated she has had long history in the community. She clarified that breeding dogs is her hobby; she is not a kennel or dealer. She explained she raises puppies because of her passion for the breed. She stated she worked at the Snyder's Pharmacy for ten years and she worked for three years at a pet clinic. She has medical and handling experience related to caring for dogs. She graduated from college with an animal science minor. She attends a lot of community education classes related to dog training and breeding. Councilmember Woodruff stated it is his recollection that the City's ordinance contains language about the number of dogs up more than six months old that can live on a property. Administrator Joynes noted the number is four. Ms. Forstater stated the language used to be up to nine months old and noted she can live with six months if she has to. She explained it is hard to know how tall the dogs are going to be at six months. Mr. Forstater stated she would like to be able to have three litters in a year because she does not get a litter each time she does a breeding. Councilmember Woodruff asked if Council is going to consider each resident request individually. Administrator Joynes responded yes. Hotvet moved, Woodruff seconded, Adopting RESOLUTION NO. 14 -040, "A Resolution Approving the Operation of a Dog Breeder at 6065 Lake Linden Drive." Motion passed 3/0. 11. OLD BUSINESS A. Deer Management Program Director Nielsen stated during Council's last meeting he indicated he would report on the results of the survey about whether or not to continue the Deer Management Program in 2014. At that time he did not know the survey is open through May 31. To date the survey responders overwhelmingly voted to continue the Program for 2014 — the count was 34 yes and 6 no. With regard to reducing the number of weekends 26 said no. With regard to reducing the number of sites 30 said no. He noted he will have the final survey results for Council's next meeting. G i � .' Y Ye \ � I 0 I_ \ ►` I I Z K R I I� [� 1 _I )1 ' i � �3 t7 T F.` l A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted that the meeting packet contains a copy of the April 2014 monthly budget report. 2. Update on County Club Road Speed Data Director Brown explained road tubes were placed on Country Club Road to record the frequency and speed and time of day for travel in each direction. Data was recorded from May 15, 2014, 8:00 A.M. through May 20, 2014, at 2:00 P.M. The results indicate the 85t" percentile (it is used to judge reasonable CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 6 of 9 speed) is 30.3 miles per hour (mph). The posted speed for that roadway is a 30 mph. The meeting packet includes a copy of the data log from the data collector. Councilmember Woodruff stated the data included in the packet is very different from the data the last time the tubes were used which was about three years ago. He noted that he looks speeds of 35 mph or higher on that roadway as issues; about 14 percent of the traffic traveled at speeds above 35 mph. He had been pushing to have enhanced speed enforcement during the most problematic hours. The current data reflects the speeding above 35 mph occurs consistently between 9:00 A.M. and 7:00 — 8:00 P.M. There is not a concentrated time period that can be targeted. He noted that any enhanced speed enforcement is not warranted at this time. 3. South Lake Minnetonka Police Department Joint Powers Agreement Administrator Joynes noted that South Lake Minnetonka Police Department (SLMPD) Chief Bryan Litsey has informed the SLMPD Coordinating Committee that he intends to retire no later than February 28, 2015. He explained that because of that there has been some discussion about succession planning for the SLMPD. At the same time there has been discussion about looking at the organizational structure of both the SLMPD and the Excelsior Fire District (EFD). The member cities' Mayors and Administrators /Manager will be having a series of meetings to talk about things and the first meeting was on May 21. The process will take quite a lot of time. Nothing has been decided. Mayor Zerby stated that the SLMPD Coordinating Committee views this as an opportunity to reassess the operation and assess other models of operation. 4. South Lake Minnetonka Police Department 2015 Budget Process Administrator Joynes noted that the South Lake Minnetonka Police Department (SLMPD) 2015 budget process has started. All materials provided to the Coordinating Committee can be found on the SLMPD's website. 5. Report on Plow Routes Mayor Zerby explained that during the March 2013 Council and staff retreat there was discussion about working with the surrounding communities on a greater basis. He and Director Brown have explored how the Shorewood Public Works Department could work more closely with the Excelsior and Tonka Bay Public Works Departments. One of the outcomes was Shorewood and Excelsior entered into an agreement to share salt storage space. The next thing that was discussed was a possible collaborative effort for snow plowing between the two Cities. WSB & Associates was asked to look at the routes and use software it had to see if the routes could be optimized to reduce dead -head time (the time when the blades are lifted). Director Brown explained that WSB did perform the analysis. WSB determined an average snowfall event costs the City approximately $1,900 in labor and equipment under the existing route plan. WSB also determined that by Shorewood and Excelsior combining routes the total cost for an average event would be $3,180. That is an overall savings of approximately $340 per event. There has not been discussion about how that would be split between the two Cities. It is easy for the software to calculate the cost of plowing Smithtown Road. It is more challenging for Excelsior's downtown area where there are multiple plowings and the snow has to be hauled away. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 7 of 9 Mayor Zerby stated he asked the WSB engineer if it would be fair to say 10 percent would be saved by the two Cities working together and the engineer told him it would be. He noted he thought 10 percent is conservative. He stated he thought the savings would be greater once the two Public Works Departments refined the process and determined which equipment was more effective for which areas. He explained snow has to be hauled away from Excelsior's downtown area because there is no room to store it along side of the roadway. He stated he sees the Shorewood plow trucks driving on Water Street downtown Excelsior quite a bit. Therefore, this makes sense to him. He related that the Excelsior Mayor supports this effort as well. He would like to formalize such an arrangement. Councilmember Hotvet stated she thought there would also be intangible benefits such as reduced wear and tear on equipment. She thought it would be efficient and effective and the right thing to do. Councilmember Woodruff stated he would like to know how much of the $340 savings would be Shorewood. He thought it prudent for the agreement between Shorewood and Excelsior to clearly specify what the service and quality of work expectations are. Councilmember Woodruff asked Director Brown how many events there are each year. Brown responded typically approximately 26 but this year there were 30. Woodruff stated that would mean that Shorewood would save $6,000 a year if it received $200 of the $340. Councilmember Hotvet stated that maybe this would also lead to discussions about snow emergency policies and possibly result in similar policies. Other Director Brown explained there is a percolation pond for the Boulder Bridge subdivision which was developed around 1980. There is no formal outlet for the pond. Over the years the City has had to set up a City -owned trailer mounted pump with a 350 horsepower engine and run discharge hose all the way down to Howards Point Road to the storm sewer at the intersection with Smithtown Road to remove water from the pond. During the day the City received a number of calls from homeowners asking the City to set up the pumping. That will be done tomorrow. In the past the City received complaints about the noise when the pump was running. When speaking with homeowners living near where the pump would be staff informed them that the hours the pump would be operated would be abbreviated to 7:30 A.M. to 5:00 P.M. The residents near Howards Point Road would prefer that the hose be run closer to the Boulder Bridge area but there is not much sewer- system in that area. Mayor Zerby stated that a previous Council had not wanted to spend the money to put a more permanent solution in place based on the number of residents in the Boulder Bridge development. He asked if the Homeowners Association has ever been asked to share the cost to do that. Director Brown stated the last time that pumping had to be done the City attempted to get the Association to pay for restoration and landscaping costs to no avail. He noted that he would like to again attempt to get a line installed. Having to depend on Public Works to put up temporary pumping facilities is not the best solution. It takes a considerable effort to set it up and if there was significant rainfall going on at that time and debris falling down Public Works would be pulled from those cleanup efforts. Mayor Zerby stated he is convinced that 100 year events are occurring every ten years now. He offered to meet with Director Brown and Homeowners Association management to have a discussion. Any other member of Council could join in on the discussion. Councilmember Woodruff stated that would be a proactive approach. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 8 of 9 Councilmember Woodruff stated Mary Lake is a pond with no outlet as well. He asked if staff has to pump out that pond. Director Brown stated that pond is okay and noted there is another relatively large pending area over near Clover Lane that has had to be pumped out in the past. Woodruff noted that it is his recollection that the very rough estimate for a permanent solution for Mary Lake was about $500,000. The then council did not think that would be a good investment being Mary Lake only had to be pumped out every four or five years. Director Brown stated that earlier in the day there was a pre - construction conference for the Apple Road restoration project. Engineer Hornby stated the residents living in the area where the Smithtown Road west sidewalk is have been notified that the contractor for that project will start working on the final punch list items in May. He noted the rainy weather has delayed the contractor. Director DeJong stated finance staff is continuing to wrap up audit related activities and staff is continuing with training on the web portion of the finance software. He noted that on June 23 finance software vendor representatives will be on site for the eutover of the utility billing component. Mayor Zerby stated that one or two Council meetings ago he asked that a schedule for the trail projects be included in the meeting packet for information purposes. He asked for an update on the Galpin Lake Road trail project and the Smithtown Road east sidewalk/trail project. Engineer Hornby explained that plans for the Galpin Lake Road trail project are about 80 - 85 percent complete. He has asked WSB staff to talk to two property owners about temporary construction easements. It may be possible to avoid the need for one of them. Staff has presented some concepts to the Minnesota Department of Transportation (MnDOT) for the part along Highway 7 in order to reduce the review time. MnDOT's comments were received about a week ago. Construction in August continues to be the plan. With regard to the Smithtown Road east project, Engineer Hornby stated that staff will write a professional services agreement for the feasibility study and present that to Council for approval during its June 9 meeting. After that it will take 30 — 60 days to complete the feasibility report. Attorney Keane stated that things are progressing with the property across the road B. Mayor and City Council Councilmember Woodruff stated most of Council and some staff received an email from a resident living along side of Wedgewood Drive regarding speeding. That has been a continuing issue. He asked if someone is going to respond to that email. At a minimum the City could put the road tubes out and find out what is actually going on. He asked for a report on this during Council's next meeting. Councilmember Hotvet stated she attended a Minnetonka Family Collaborative Council (MFCC) meeting as the City's liaison. It is a multi - agency (e.g., the ICA food shelf, the Minnetonka School District, Hennepin County Social Services) support group that serves people in the area in need of support. MFCC has wrapped up the year. She noted that MFCC is a grant giving entity. Mayor Zerby stated he attended the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee regular quarterly meeting on May 14 and a succession planning meeting on May 21. Councilmember Woodruff stated he will attend the Excelsior Fire District board meeting on May 28 because Councilmember Siakel cannot attend. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 27, 2014 Page 9 of 9 13. ADJOURN Iiotvet moved, Woodruff seconded, Adjourning the City Council Regular Meeting of May 27, 2014, at 8:03 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scottt, ay, ray r 3 n Panchyshyn, City Clerk I