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100807 CC Reg AgPCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, OCTOBER 8, 2007 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Cail Mayor Lizee _ Woodruff _ Turgeon _ Callies _ Wellens _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, September 24, 2007 (Att. -Minutes) B. City Council Regular Meeting Minutes, September 24, 2007 (Att.- Minutes) 3. CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. Staffing - No action required C. Authorize Expenditure of Funds for Lift Station Communications System (Att. - Director of Public Works memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING A. Reschedule Public Hearing to October 22, 2007, for the Amlee Road, Manitou Lane, Glen. Road Street Reconstruction Project, City Project 07-01 (Att. -Engineer's memorandum) 7. PARKS CITY COUNCIL REGULAR MEETING AGENDA -October 8, 2007 PAGE 2 OF 2 8. PLANNING -Report by Representative 9. GENERAL/NEW BUSINESS A. Special. Deer Removal permit for the Minnetonka Country Club (Att. -Administrator's memorandum) B. Set Public Forum Date for the sale of the Municipal Liquor Stores (Att. - Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. ADJOURN TTY SHOREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cifyhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, 8 October 2007 A 5:30 P.M. Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: No staffing items. Agenda Item #3C: Staff is recommending approval of a motion which accepts the quote provided by Get Wireless, LLC, for the fifteen communications units for the sanitary sewer lift stations in the amount of $7,987.50. In addition, staff is recommending approval to enter into an agreement with Verizon Wireless, for the service for each one of the cellular units. Agenda Item #6A: To meet legal publication requirements, the Public Hearing for the Amlee Road, Manitou Lane, Glen Road street reconstruction project has been rescheduled to October 22, 2007. A resolution setting this date is included for Council approval. Agenda Item #9A: In 2006, the Minnetonka Country Club Association, Inc. (MCCA) requested a special permit for deer removal from the Department of Natural Resources (DNR). To meet DNR requirements, the city adopted an ordinance to amend the city code to allow for this activity. The MCCA has again requested a special permit for deer removal this winter. Staff recommends that Council approve the 2008 deer management plan (which is unchanged from 2006), and direct Staff to apply for a special permit for deer removal from the DNR, and approve the agreement with the MCCA for deer removal from its property at 24575 Smithtown Road. Agenda Item #9B: Council previously decided it would set a date for a public forum regarding the proposed sale of the City's liquor operations when it appeared likely that offers on the operations would be ready for Council to consider. Preliminary offers have been received by the City's broker, and some interested parties have indicated a desire to make their acquisition as soon as possible. With the rapid pace at which this process is moving, it would be appropriate to schedule the public forum in the very near future. Staff suggests that Council sets October 22, 2007 as the public forum date. Necessary City Code and procedures changes are being prepared for Council consideration on November 5. os r®«® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL EXECUTIVE SESSION COUNCIL CHAMBERS MONDAY, SEPTEMBER 24, 2007 6:00 PM MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION A. Roll Call Present: Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Planning Director Nielsen, Acting Administrator/Director of Public Works Brown; Attorney Keane, Special Counsel Hoff Absent: None B. Review Agenda Without objection from Council, Mayor Lizee proceeded with the Agenda for the meeting. 2. Closed executive session pursuant to Minn. Stat. Section 134.05 Subd. 3(B) for attorney- client privilege discussion of A. Threatened/pending/imminent litigation in the matter of Upper Lake Minnetonka Yacht Club B. Ron Johnson vs. City of Shorewood C. 5795 Country Club Road, City of Shorewood vs. Ascending Praise Church, et. al. Special Counsel, HofF updated Council on Items A and B noted above. Attorney Keane updated Council on Item C n~~ted abotir. Discussion ensued with regard to the three cases. 3. ADJOURN The Executive Session meeting of September 24, 2007, Adjourned at 6:49 P.M. ATTEST: Craig W. Dawson, City Administrator/Clerk Christine Lizee, Mayor #Za CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, SEPTEMBER 24, 2007 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:02 P.M. } A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Director Nielsen; and Engineer Landini Absent: Administrator Dawson B. Review Agenda Turgeon moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Worl~ Session Minutes, September 10, 2007 Turgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of September 10, 2007, as presented. Motion passed 5/0. B. City .Council Regular Meeting Minutes, September 10, 2007 Woodruff moved, Callies seconded, Approving the City Council Regular Meeting Minutes of September 10, 2007, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 07-061, "A Resolution Approving a Temporary Gambling License for Friends of the Southshore Center." #ZB SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 2 of 12 D. Adopting RESOLUTION NO. 07-062, "A Resolution Accepting the Badger Field Football Field Lighting Project and Authorizing Final Payment, City Project 06- 07." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Report on Minnetonka Community Education (MCE) activities by Tim Litfin, Executive Director This item was discussed after Item 8.B on the agenda. Minnetonka Community Education (MCE) Executive Director Litli~i highlighted MCC activities, as detailed in the report distributed to Council. - The MCE budget for 2007/2008 was $5,992,000; its «ndesignated fund balance was 16 percent which approximated 2 - 3 months of reserves. - MCE had a staff of 320, the majority of them being part-time. - A community-wide needs assessment was conducted in the fall of 2006. The assessment was conducted,by Decisions Resources Ltd. • Te~1 percent of the respondents rated the MCE program as excellent and another 60 percent rated it as good; the combined ratings of 70 percent positive response was the highest in the metro area. During the fast two years, 43 percent of the Minnetonka School Districts' residents participated in MCC programs; the highest participation rate in the metro area. il~proximatety 70 percent of the 2006 - 2007 MCE budget was dedicated to youth' activities, 11 percent for adult activities, and 20 percent for early childhood family education (ECFE) activities. The demographics of the district consisted of 55 percent adults, 32 percent youth, and 13 percent in the ECFE (0-4 years old) age group. - Regarding MCC revenues, approximately 84 percent were from fees and the remainder from tax dollars. - A three-year community education strategic plan was implemented for 2007 - 2008. - A marketing audit was completed and the results would be available in October 2007. - The Deephaven Education Center (DCE) had been partially remodeled. - Close to 50 percent of program participants now registered online. - Participation in programs for 2006 - 2007 was approximately 17,500, an increase of approximately 20 percent over 2004 - 2005. - Upcoming activities included a School District referendum, an improved web site, a new DCE monument sign, and additional remodeling to DEC. - MCE's greatest need was more space. SHOREWOOll CITY COUNCIL REGULAR MEETING September 24, 2007 Page 3 of 12 Mayor Lizee stated she appreciated MR. Litfin's enthusiasm for and commitment to his job. Councilmember Wellens questioned if the MCE could not become independent from the Minnetonka School District being the MCE's revenues came primarily from fees (the MCE reported to the Minnetonka School District Superintendent). Mr. LitEn stated community education organizations were school district entities. Litfin explained when community education started in the State in 1969 it was funded by the State. He then explained the community education general levy was $5.42 for each person in the school district each year. There was also an ECFE levy that was dedicated to EFCE programs, an after school enrichment levy which was approximately $.91 per person, and a youth service levy. The general levy could be used for any need. In response to a question from Councilmember Callies, Mr. Litfin clarified that the staff of 320 did not include the specific program teachers. The discussion returned to Item 9.A on the agenda. 6. PUBLIC HEARING None. 7. PARKS A. Request for Funding for 2°d Annual Aa•ctic Fever Evcnton January 19, 2008 Director Brown explained at an August 28, 2007, joint City Council and Park Commission meeting the need for funding for the Arctic Fever event was discussed. At its September 5, 2007, meeting the Park Commission agreed to puf'foi-th a funding request for $3,000 to the Council. Because the amount had not been dedicated withipthc Park Budgef for 2008, the amount would have to be funded from the General Fund. He explained no staff time was .included in the budget for the event. The cost for the items currently planned. would approximate $7,3.00, not including inkind items. The projected costs for fireworks were $4,500; should there be a shortage in funding fireworks would likely be the first activity to be cut. The funding was necessary to ensure contracts for the primary event vendors could be executed; once some of the event vendors were secured it became easier to attract other vendors. The contracts shcnld be executed over the next two months. Councilmember Turgeon stated she would support at least $3,000 in funding, and possibly more. Councilmember Woodruff stated he would. support providing $3,000 in funding for the Arctic Fever event. He suggested the $3.;000 be paid out of the 2007 General Fund budget if possible. Director Brown stated he would let Council know if there was a problem with funding the event out of the 2007 General Fund Budget. Councilmember Callies stated she would support $3,000 in funding for the event, out of either the 2007 or 2008 General Fund Budget. She then stated she would prefer the funding not be used for fireworks; there were many community events that already included fireworks. She would prefer the City focus on enhancing the other events. Councilmember Wellens stated he agreed with Councilmember Callies. Wellens moved, Turgeon seconded, approving funding in the amount of $3,000 for the 2008 Arctic Fever event and the funds would come out of the General Fund Budget. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 4 of 12 8. PLANNING -Report by Representative Planning Commission Chair Schmitt stated there had not been a Planning Commission meeting since the last Council Meeting. A. Conditional Use Permit Revision Proposer: City of Shorewood Location: Upper Minnetonka Yacht Club, 4580. Enchanted Point Acting Administrator Brown stated the situation with the Upper Minnetonka Yacht Club (UMYC) was discussed at a Council executive session held prior to this meeting. Director Nielsen stated the UMYC (formerly known as the Uppcr Lake Minnetonka Yacht Club) was located at 4580 Enchanted Point. He explained the UMYC currently exists as a nonconforming use in the R-1C/S, Single-Family Residential/Shoreland zoning district. ~fhe City initially' granted the club a "special use permit" as a sailing yacht club in 1969. That approval allowed the club to dock or moor up to 30 sailboats and two powerboats. The City amended its7oning Ordinance in 1973to allow "yacht clubs" as conditional uses in residential zoning districts. In 1977 the UMYC applied for and received a conditional use permit, which was renewed in 1978. The resolution adopted in 1978 inadvertently omitted the reference to "sailboats". In 2005, the City received resident complaints that. the UMYC had begun renting out slips for powerboats. The City cited the Club for expanding or intensifying a nonconforming use, and commenced enforcement action in 2005 and again in 2006. T11e action was dismissed in District Court because the most recent C.U.P. resolution did not reference "sailboats". The City has since proposed correcting the 1978 C.U.P. to accurately reflect the UMYC's application and the City record. A public hearing was held by the Planning Commission on Aubust 7, 2007, and continued to September 4, 2007, to consider a revised resolution clarif}ping Resolution No. 30-78 which granted a Conditional Use Permit (CUP) to the Upper Minnetonka Yacht Club (UMYC). Nielsen stated based oal iuformatiou provided by Staff and testimony taken at the public hearing, the Planning.Commission recommended a}~proval of a revised resolution clarifying Resolution No. 30-78, and patterned after the 1969 approval, limiting the use of the facility to 30 sailboats and two powerboats for the useof the Club. Nielsen then stated that Staff wits looking for direction from Council to prepare a draft resolution with findings of fact clarifying Resolution No. 30-78. Councilmember Woodrufl stated he would recuse himself from this discussion; although he was not a member of the UMYC, he did sail on a member's boat and he thought that could be somewhat of a conflict of interest. He then stated he would be willing to respond to questions if asked. Mayor Lizee stated Council would take public comment this evening. She asked that people keep their comments to three minutes or less because of the number of people present. She stated that Council had reviewed public testimony taken at the previous public hearing. John Barlow 3546 Enchanted Lane Mound and Vice Commodore of the UMYC, stated he had been a member of the UMYC since 1975. He never recollected a time when he was a member that there wasn't a SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 5 of 12 powerboat at the UMYC. The UMYC's records back to 1997 had been reviewed, and the records indicated that the UMYC had generated income from renting slips for powerboat use. He commented that this was a very difficult issue for the UMYC and the property owners. He stated the draft minutes of the public hearing held during the September 4, 2007, Planning Commission meeting included he had made a statement "... it was the worst time in the UMYC's history"; he clarified it was not the worst time for the UMYC, it was a black mark on the history of the UMYC because it was an internal dispute. He then made the following three points. First, the UMYC's C.U.P. was legal; it had been litigated in court and dismissed. Second, the City was trying to rewrite history; the UMYC had agreed to accept a reduction in the number of slips it could have from 42 to 30 in order to have ``that language taken out"; the UMYC also agreed not to build a building. And last, from his vantage point the City did not want the UMYC in a residential area, the issue at hand had created a hostile em~ironment, and it was discouraging to consider this situation would continue through another litigation process. Dick Caswell 205 Barry Avenue South, Wad, stated he rented a slip from the UMYC for powerboat use. He had been a member of the UMYC prior to renting a slip for his powerboat. 1-lis powerboat was an 8-year-old 18-foot pontoon boat. He stated he had a 100-ton US Coast Guard charter captain's license. He stated he had never observed the types of people on the UMYC property that property owners had described at the public hearing. He had never heard load music when he was on the property, and he never observed any difficulty with any of the UMYC's neighbors. Carolyn Anderson, 29640 W. 62"d Street, stated. she and her husband had been a member of the UMYC for a few years. She commented they had a]so been a member of the Wayzata. Yacht Club for many years, and they were avid sailors. She stated when they were poking for a slip on Lake Minnetonka the UMYC indicated they had a place for them. She then stated usually when they were at the UMYC there was no one there; there were a maximum of four cars there at one time. She also stated she never observed any partying on the property, with the exception of the owners of the pontoon boat having a quiet party one time. Frank Ahrens, 4673 Island View Drive, Mound, stated he was the treasurer of the UMYC from 1999 - 2002. From 1999 - 2001 the UMYC's records indicated that three slips had been rented for powerboat use each of those years. Brant Nelson, 5227 Bartlet Boulevard, Mound, stated he was the current treasurer for the UMYC. He then stated the UMYC's records indicated that three slips were rented for powerboat use in 2003, and four in 2004. Jack Strothman, with the law tirm of Lindquist and Vennum PLLP, stated he was the UMYC's principal attorney on this matterand had previously provided the City with a great deal of information relating to this issue. He then stated he was present this evening to answer any questions Council may have. Mayor Lizee stated Council had received all of his documents and they had been entered into the public record. The Council also had been provided with the minutes of the related Planning Commission meetings when the public hearing was held and other information related to the history of the UMYC. James Thibault 4565 Enchanted Point, stated his property was located across from the UMYC. He explained that he and his wife had provided the City with various written documents stating their support for a revised resolution clarifying Resolution No. 30-78 such that the word "sail" would be added to the front of the word "boat". He stated the UMYC was always allowed the dockage of two UMYC Committee powerboats. He had assumed the pontoon boat had been a Committee boat used during SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 6 of 12 sailboat races. He did not recollect there being more than two powerboats docked at the UMYC from 1973 (when he purchased his property), until approximately 2004; if there were powerboats docked there before that he had assumed they were Committee boats. He quoted excerpts from a memo to Planning Director Nielsen from UMYC Commodore Skip Jewett dated November 12, 1992: "The Upper Minnetonka Yacht Club is a sanctioned yacht club entity, operating under rules of the Inland Lakes Yachting Association. All yachts are sailboats only, except for one powerboat, which is used for officiating races.", and "The use is significantly different from marinas, where boat use and times are determined by owners throughout a 24 hour day. UMYC has rules regarding properly, moorings, and use, which have been drafted to eliminate neighborhood complaints and problems." He then quoted an excerpt from a document from John Barlow, dated September 4, 2007; "Then in ?006, our property taxes went from $5,500 to over $27,000." Mr. Thibault explained on August 1 C, ?007, Hennepin County sent a letter to the UMYC stating the UMYC's property tax was adjusted down to $13,552.22 based on the UMYC's nonprofit status as a sailing club with sailing school. He stated he and the other residents in the area always understood the UMYC was a yacht club for sail.ingonly. He explained the original UMYC rules required all members to sail a specific number of sailboat races each year. He stated referring to the UMYC as a marina was not appropriate; it should be referred to as a yacht club or a sailing club. He then stated he attended all the City meetings during 1977 and .1978 regarding the UMYC., and there was always discussion regarding the number of sailboats. From his perspective, there it was an oversight when the word "sailboats" was not specifically referenced in the :formal resolution. Councilmember Wellens questioned what might happen if the Citywere to pursue a violation of the UMYC's C.U.P. from a civil enforcement perspective - he asked Mr. Strothman to comment on the UMYC's merits of the case from that vantage point. Mr. Strothman stated in his documents dated August 1, 2007, and September 4, 2007, (including attachments) addressed the issue at the civil mattes; they had nothing to do with the criminal matter. He commented that in his documents he had referred to the criminal matter and the presiding judge's decision on April 24, 2007, as an attempt to clarify the decision. He stated an amendment to a C.U.P. could be requested by the' applicant oi~ current landowner; from his vantage point there was no legal precedent for the City to initiate action to correct the C.U.P. Mr. Strothman explained .that between ] 977 and 1993 there had been 29 occasions on which the City Council' dealt with the C.U:P. and its language, and another nine occasions by the Planning Commission; a sugge.tion-was never madc~to change the language in the C.U.P. In 1977, there were Public Hearings held for C.U.P. permit requests for both the UMYC and the Shorewood Yacht Club (SYC); the Public Hearings were held at the same Planning Commission meeting with one following the other. Both C.U.P.s were recommended forapproval by the Planning Commission -the SYC C.U.P. was limited to "sailboats only" and it included a reference to halyards being tied off; the UMYC C.U.P. did not include limitations to sailboats, but it did include a reduction in the number of slips it could have from 42 to 30. In City correspondence regarding the UMYC's 1992 application for a variance to build a clubhouse on its property, there were suggestions that restrictions to sailboats could be made as a condition of approval; the resolution recommended by the Planning Commission referenced sailboats only and halyards. Councilmember Callies stated she appreciated that the situation was difficult for the UMYC and the neighboring residents. She then stated it was a conditional use in a residential neighborhood, and by its nature the conditional use permit had special conditions regulating the conditional use. She then stated there were differing opinions as to the decision made at the court proceeding on April 24, 2007, regarding the criminal complaint. She also stated she had reviewed all of the materials that had been submitted regarding this matter, and from her vantage point it was clear to her that the C.U.P. was SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 7 of 12 granted for a sailing yacht club. She clarified the City was not attempting to rewrite history; it was trying to clarify the resolution granting the conditional use permit for the UMYC. She stated the UMYC was not allowed to have more than two powerboats based on the permit. Callies moved, Turgeon seconded, directing Staff to prepare a draft resolution with findings of fact clarifying Resolution No. 30-78, and patterned after the 1969 approval, limiting the use of the facility to 30 sailboats and two powerboats for the use of the Club. Counciimember Wellens stated it was important that the City move slowly on this matter; the City must protect both the rights of the public and the property owners. He then stated he thought the Council was doing that. Motion passed 4/0/1 with Woodruff recusing. B. Conditional Use Permit for Fill in Excess of 100 Cubic Yards Applicant: Tom and Debra Mahoney Location: 6150 Deer Ridge Director Nielsen stated Tom and Debra Mahoney, 6150 Deer Ridge, proposed to raise the level of their back yard to create a level play area for their children. The :project would involve bringing in approximately 1800 cubic yards of fill material ,and the construction of a rather large retaining wall. The City's zoning ordinance required a conditional use permit for fill in elcess of 100 cubic yards; therefore, the Mahoneys had requested a C.U.P. Nielsen explained the property was zoned R-1C, Single-Family Residential, and contained approximately 53,503 square feet of area. The. lot. sloped from s~~uth to north with approximately 25 feet of grade change between the back of the house and the north (rear) property line. The area in which the fill would be placed had been cleared, A relatively dense deciduous wooded area encompasses the rear yard of the site. Nielsen then eYplair~ed the retaining wall would be terraced, with the upper portion being approximately 240 feet in total length.' The ..lower portion of the wall would be approximately 50 feet from the rear lot line and10 feet from the side lot lines. 7'he wall would be approximately 18.5 feet tall at its highest point. The two walls would be separated by a five-foot deep terrace, in which the applicants proposed to plant dogwoods. The applicants .proposed arborvitae for the top of the wall, and the wall would be constructed of Keystone masonry. block. No tree removal would be required as a result of this request. Nielsen stated Staffconsidcrcd the location of the proposed wall would be too close to the side lot lines; therefore, it had recommended the wall be moved to be 10 feet from the drainage and utility easement to allow askid-steer vehicle to maneuver along the wall without compacting soil over the tree root system. Tree protection fencing should be placed at the drainage and utility easement in order to protect the root zone of the trees along that border from construction traffic. He noted that the applicants had stated the fill would be brought in from inside the proposed wall; therefore, there would not be any traffic on the outside of the wall and they did not see a need to move the wall 10 feet from the drainage and utility easement. Nielsen then stated Staff also recommended the wall be broken into three sections rather than two with no portion of the wall being higher than six feet. After discussion at a Planning Commission meeting, the Commission agreed the wall could remain at two sections provided neither section was higher than six SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 8 of 12 feet. The applicants proposed that could be done by lowering the height of the upper tier, and by placing some amount of fill along the base of the lower tier so the overall appearance of any section of the wall did not exceed six feet. In addition, Staff recommended additional landscaping be done; the applicants should submit a landscaped plan prepared by a registered landscape architect for approval. The additional landscaping should break the wall up and soften the view from surrounding properties; it would not have to completely block the wall from view. He commented that the applicants had indicated they intended to plant 50 - 60 trees. Nielsen noted that the City Engineer had also made recommendations with respect to conditions. Nielsen then stated the Planning Commission recommended approval of the C.U.P. subject to Staff recommendations which were modified by the Planning Commission. The modified conditions were specified in the draft resolution. Mike Jaunich, with Alpine Landscape, stated he would be installing the retaining wall for the applicants. He stated he did not foresee any problems accommodating the recommendations of Staff and the Planning Commission. Councilmember Turgeon stated the draft minutes of the September 4, 2007, Planning Commission meeting indicated the motion approved by~the Commission specified atwo-tier retaining wall with each tier no higher than six feet, asix-foot wrotight-iron fence on the top tier of the wall with plantings on each side of the fence, and no trees being damaged as a result of the till. She questioned if the City would require an escrow account. Director Nielsen explained the. 1800 cubic yards of fill would require approximately 150 12-yard- capacity truck trips across Deer Ridge Road and ad}oining roads which would necessitate a letter of escrow to address potential infi~asu•ucture repairs. Nielsen stated he did not think the Planning Commission required the. wrought-iron fence to be sia feet high; City Code specified the fence could be up to six feet high. He recollected thee. Commission required the fence be a wrought-iron style. He then stated the Commission also wanted trees on both sides of the fence. He noted City Code required the fence be placed live feet inside of the wall; and generally a four foot high fence would be sufficient. He commentedhe thought theremay have to be a slight adjustment to the location of the wall to ensure the trees along the drainage and utility easement were protected; that would be determined once Staff had an opportunity to review a revised. plan. He also commented the Commission wanted a fence on top of the wall for safety reasons. Mr. Jaunich commented the applicants proposed awrought-iron style fence would be 42 niches high, which was a standard residential height. Councilmember Turgeon stated from her perspective the $5,000 escrow requirement would address street infrastructure issues, but it would not also address damage to trees. Director Nielsen explained the applicants would also be required to submit a letter of escrow based on an approved landscape plan and bid. Engineer Landini commented that the $5,000 escrow amount was 1.5 times the cost of an overlay of the cul-de-sac. Landini also commented that the application had been forwarded to the City of Chanhassen, but he had not heard back. Callies moved, Wellens seconded, Adopting RESOLUTION NO. 07-063, "A Resolution Granting a Conditional Use Permit to Place Fill in Excess of 100 Cubic Yards for Debra and Tom Mahoney, 6150 Deer Ridge." Motion passed 5/0. Discussion returned to Item S.A on the agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 9 of 12 9. GENERAL/NEW BUSINESS A. 2008 Interim Funding Agreement regarding the Southshore Center Acting Administrator Brown highlighted a memorandum from Administrator Dawson dated September 13, 2007, regarding proposed 2008 interim funding between the five cities and the Friends of the Southshore Center. At its August 27, 2007, meeting Council stated it would not support an interim funding agreement that required any amendment to the 1996 Cooperative Agreement; Council did not believe it was appropriate to link the two matters. At the September 7, 2007, mooting of the Southshore Center working group representatives of Excelsior, Greenwood, and Tonka F3 ay had related that they did not believe it was appropriate to link the two matters; the Deephaven representatives stated the matter would be considered at the September 17, 2007, Deephaven City Council meeting. At that same meeting the working group revised the working draft of the proposed interim fundingagreement such that all participants concurred with it (the revision did not include the provision regarding the "Shorewood Option"). The proposed agreement contained a provision (Section 4 Page 2 in the agreement) which restricted the Friends from using any funds from its dedicated building maintenance rese~~ves in the event that it incurred an "operating shortfall" during 2008; the, Friends representative on the working group thought this would be acceptable to the Friends Board. At its September 10, 2007, meeting the Friends Board took action that. it would not support the provision in Section 4 and proposed the following change to Section 4: "If for any reason, the Friends incur expenses in excess of the contributions of the Cities when operating the Center in 2008, the shortfall shall be the responsibility of the Friends and not the Cities, and no amount in excess of $10,000 of the existing reserves of the Friends Board shall be sued for the purposes of `covering' the shortfall. The balance of the Reserves is 1o be dedicated for building maintenance." Brown stated at its September 17, 2007, meeting the. Deephaven Council approved the 2008 Interim Funding Agreement between the five cities and the Friends of the Southshore Center; it did not take any action regarding .the friends' proposed revision to Section 4. The Excelsior City Council approved the Agreement with theFriends' proposed revision to Section 4. Councilmember Turgeon stated she could support the interim funding agreement as revised by and agreed to by the working group, which did not include the Friends' proposed revision. Turgeon moved, Callies seconded, approving the 2008 interim funding agreement between the cities and the Friends of the Southshore Center as presented by the Southshore Center working group. Councilmember Woodruff stated future discussion regarding long-term financing of the Southshore Center would need to include funding contingencies. Mayor Lizee stated she thought the proposed revision to Section 4 could be discussed at a future date. Councilmember Wellens stated he maintained his previous position that the City should not subsidize activities that were exclusive to seniors. Motion passed 4/1 with Wellens dissenting. SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 10 of 12 B. Discussion Regarding Liquor Stores Attorney Keane stated he had spoken with the broker the City had retained for the sale of its liquor operations to discuss the sale process. He explained the broker was considering closing off inquiries from interested parties on October 5, 2007. Tlie broker would then request term sheets (including qualifications and contingencies) from those prospects. The broker, Staff and some Councilmembers would review the term sheets and cull down the prospects to finalists for each of the liquor stores to negotiate hard terms. A final prospect for each store would then be selected, and the terms of a binding purchase agreement would be negotiated. If the terms of the purchase agreement were acceptable, Council would approve moving forward with the due diligence phase of the t sale with appropriate contingencies; he anticipated the due diligence process would take 35 - 45 days. He noted the City must quickly find out if the landlords of the store properties would be willing to reassign the City's current leases with existing terms to the prospective buyers. He also noted that the City had to approve an ordinance to authorize the licensing of off-sale liquor operations and hold a public hearing to issue licenses. He commented the City must also find out the creditworthiness of the prospective buyers. Keane then provided a correction to a statement he had made a couple of weeks before. I-le clarified that Minnesota Statute did not require that the City hold a public hearing as a prerequisite to divesting the City's leasehold interest in the real estate in the municipal operations. He explained Minnesota Statute did require a process in the planning process that required that any cit}~ that acquired, sold or disposed of any interest in real estate shall either: a) refer that acquisition, sale or disposition to the Planning Commission for its recommendation and input; or b) the Council could bypass that referral by adopting a resolution by two-thirds vote dispensing with the request for a recommendation from the Planning Commission. Keane commented that he was not aware of many municipalities that had gotten out of the liquor operations business. Planning Commission Chair Schmitt stated Watertown had done so recently. In response to a comment ii-om Mayor Lizee, Attorney Keane stated there would have to be an investigation of the fitness of prospective licensees .which would include a customary background check by the South Lake ]Minnetonka Police Department and it findings would be referred to the Bureau of Criminal Investigation for further background checks. Couucilmember Turgeon suggested the Councilmembers that were members of the Liquor Committee be involved inthe process. There was ensuing discussion with regard to a decision made on September 10, 2007, to hold a public hearing to discuss the City's .possible divesture of its leasehold interest in real estate based on Attorney Keane's clarification, aild the consideration of canceling that public hearing. Woodruff moved, Callies seconded, withdrawing the motion passed at a September 10, 2007, Council meeting setting October 22, 2007, as the date for a Public Hearing on the City's potential divesture of lease-hold interests which would be done in conjunction with the sale of the City's liquor operations. Motion passed 5/0. There was lengthy ensuing discussion regarding the benefits of conducting a public meeting to take public comment regarding the sale of the City's liquor operations and the timing of such a meeting. There was also discussion regarding when information would be available regarding prospective buyers. SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 11 of 12 Callies moved, Woodruff seconding, approving a public meeting be held to take public comment on the proposed sale of the City's liquor operations prior to the actual sale of the operations and with sufficient notice of the meeting. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS Director Brown stated the radio read meter project had been started and it was anticipated that it would be completed by the end of November 2007. He also stated the cleaning of the Minnewashta Water Tower had been completed and the bottom of the structure had been painted to cover the graffiti. He then stated there had been discussion regarding possible antenna changes on the Southeast Area Water Tower. Brown stated the City had been receiving phone calls questioning if the deer removal effort had begun. Director Nielsen stated the City had contracted with Metro Bowhunters Resource Board (MBRB) for deer management services to remove deer from specified public and private properties; the removal efforts would be conducted on the second and fourth >~~eekends in October and the third: and fourth weekends in November (all of which were within the regular bowhunting season). He noted that the City was not opening a deer season or authorizing hunting within Citv limits; the City would not be issuing deer licenses to bowhunters. If residents wanted to participate in the efi'ort next year they must become a member of the MBRB. He commented that the MBRB had scheduled an orientation for the selected archers on October 3, 2007. He stated that residents abutting the removal sites would be notified. He commented there would be a limited number of private properties included in this year's deer management effort. He stated he would have a map depicting the sites included in the effort available for Council before its next meeting. Engineer Landini stated roadway .paint stripping would start in the near future. Director Brown stated apublic hearing was scheduled for October 8, 2007, for the Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project. Mayor Lizee stated she had received an e~liaiT lrom a resident containing a flyer for the final neighborhood meeting fpr the Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project which was scheduled for September 26, 2007, at 7:00 P.M. She stated she wanted to attend the meeting and would like Councilmember Callics to also attend. Councilmember Wellens questioned if the property owners wanted Councilmembcrs'present. Lizee stated she interpreted the flyer being sent to her as an invitation to atte~ul. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. B. Mayor & City Council Mayor Lizee stated she attended a cruise on September 14, 2007, for Municipal Clerks and elected officials which was hosted by Wayzata. Minnesota Secretary of State Richie gave a presentation as did Julie Westerlund with the Minnehaha Creek Watershed District. SHOREWOOD CITY COUNCIL REGULAR MEETING September 24, 2007 Page 12 of 12 Mayor Lizee stated on September 13, 2007, she attended a mayors' forum for mayors of the South Lake cities; the forum was hosted by the South Lake League of Wolnen Voters. The forum was well attended. On behalf of the City Council and City staff, Mayor Lizee extended condolences to the families of Kylie Grayden and Kelly Philips (both Shorewood residents) who were killed in an automobile accident. 12. ADJOURN Turgeon moved, Callies seconded, Adjourning the City Council Regulal• Meeting of September 24, at 9:02 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Craig W. Dawson, City Administrator/Clerk PAYABLES APPROVALS For 10/08/2007 Council Meeting F. -~ C.__ n Prepared by:~ ~ _ ~ Date: Michelle T. Nguyen', Sr. Accounting Clerk ~ t~ ~. Reviewed by: ,' ~ -~.~ Date: ~ ,; ~~.~~~" ', Bonnie Burton, Finance Director Approved by: ,~' f" -~ Date: ~` Craig. Clawson, City Administrator ~_3 R PAYROLL APPROVALS For 10/08/2007 Council Meeting R ~ , Prepared by: ~ ~ ~ 4 Date: ~ ~' ~y Michelle T. Nguyen, Sr. Accounting Clerk ~, 4 ~t Reviewed by: t . ~ ~' `~~._ Date: ~~ '7"" Bonnie Burton,,dFi fiance Director J~, _ .~ - Approved by: ~f' `' - ~ t Date: ~_ ~ ~ ~~ 6 Crai awson, City Administrator ~I`I"~' F 5755 COUNTRY CLUB ROAD • SHOREWOOD; MINNESOTA 55331-8927.• (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator FROM: Larry Brown, Director of Public Works DATE: October 4, 2007 RE: Authorization for Expenditure of Funds -Sanitary Sewer System The City of Shorewood owns and maintains fifteen lift stations. Each one of the stations is equipped with an alarm system that pages out on call personnel in the event of a malfunction, high water, power outage or many other scenarios. This system was actually designed, assembled and installed by the Public Works Department at one tenth the cost of any other system on the market. This system has been in operation for approximately six years and has worked very well. When it comes to information and control systems for wastewater facilities, water or other facilities, there is an entire menu of alternatives available. While not meant to be all inclusive, many of the options include - Flashing Red Light and Horn - System dials out a general page and/or voice page for all alarm conditions using landline, cable, or cellular communications - Alarm system dials out page and/voice for different alarms for different conditions landline, cable, or cellular communications - Acquisition of flow data and conditions via the Intranet - Acquisition of flow conditions and remote control of pumps and systems via the Intranet - Full dispatch and monitoring services The system currently being utilized is the second system listed. On call personnel receive a numeric and voice page for all alarms, using cellular technology. This system has worked well in that we have never had a failure of the alarm system to report a fault. ®s s®«' PRINTED ON RECYCLED PAPER ,. ~~ Mayor and City Council Sanitary Sewer Fund Expenditure October 4, 2007 Page 2 of 3 Last July, the City of Shorewood received notice from the wireless service provider, Cingular Wireless, stating that the TDMA service that is being utilized is going to be shut down at the end of February, 2008. Staff had noted the date and was researching alternative solutions, as part of the 2008 Capital Improvement Program. On September 25th, 2007, staff received an additional notice (refer to Attachment 1) that states that the existing service agreement is hereby amended to terminate TDMA services effective October 1, 2007. All of the other previous notices received had stated February of 2008 for shutdown. The notice points out that there are GSM phones that can be sought out as replacements. However, staff has exhausted all of the Cingular Wireless options in trying to mate any of the phones available. This included any of the phones that could be purchased. Staff was able to negotiate with representatives of Cingular Wireless to extend the service one month. This enables the City to replace the system, without down time. Staff has found a simple solution. Verizon Wireless offers a unit, in cooperation with Tellular Corporation, that provides cell service to remote sites and works with the existing communication dialer systems. This unit is noted as the Phonecell SXSE, by Tellular Corporation (refer to Attachment 2). This unit basically mirrors the current system. An alarm occurs and the autodialer pages out, by voice and pager using the cell system, to on call personnel. This does not include any bells and whistles for data acquisition or remote control of the lift stations. While lackluster in bells and whistles, this is the most cost effective solution. Staff solicited quotes from the two only known providers for these types of units. The local unit is the Phonecell SXSe. The other unit is manufactured by IPS Group Inc. located in San Diego, California. Attachment 3 depicts the comparable unit. Staff contacted the IPS group on two occasions over the last week to request a quote for fifteen units, to no avail. In the absence of the other quote, and the urgency of the issue, staff is recommending that the purchase be made from Get Wireless, LLC for the Tellular units, as they have been very helpful and are in partnership with representatives of Verizon Wireless. It should be noted that the City of Tonka Bay also utilizes these units for their communications with their lift stations. The quote provided with the communication unit, back up battery system, remote antenna and hardware amounts to $532.00 per lift station, for a total for fifteen lift stations of $7,987.50 (refer to Attachment 4). As part of the recommendation, the cellular service is to be provided by Verizion Wireless, under the federal contract, at a flat rate of $11.99 per month, per unit. In addition, a $0.25 per call charge will be incurred. This is actually less expensive than that rate currently provided by Cingular Wireless. While there is an expense for each call, this is certainly the most cost effective rate plan for these types of communications. Mayor and City Council Sanitary Sewer Fund Expenditure October 4, 2007 Page 3 of 3 Recommendation Staff is recommending approval of a motion which accepts the quote provided by Get Wireless, LLC, for the fifteen communications units as provided in the attachment 3 in the amount of $7,987.50. In addition, staff is authorized to enter into a contract with Verizon Wireless, for the plan stated above for each of the cellular units. }' Yaf f ~ k .Fr ~~~ah ~ ~ ~ t ~ ~t ~1.,i ' ~, ~ ~ t ~, ... . T^..... ~ ~ ....~ C 0 City Of Shorewoodbp Larry Brown 5755 Country Club Rd Excelsior, MN 55331-8927 I~I~I~~I~I~~~II,~~II~~~~III~~I~I~I~~~~I~II~~~II~I~~I~I~~I~I~~I Affected Wireless Number(s): See Reverse Side Dear Larry Brown, Reminder: This letter is a follow-up to notification previously seat to the Administrative Office of the Government Contract from which you procure services. 't'hat contract has been amended to eliminate TDMA service, effective October 1, 2007. You were recently notified that AT&T will no longer support TDMA, and Analog/AMPS wireless service as of February 2008. However, as mentioned above, this service di ~contir uation will happen sooner for Government TDMA customers. On October 1, 2007 AT&T will discontin to TDP~IA wireless service for the listed Corporate Responsibility Users' wireless numbers on your account. At 1 hat time, any Corporate Responsibility User remaining on TDMA wireless service will no longer be able t~ ~ make and receive calls. This service discontinuation only impacts TDMA lines. If any of the lines listed are Analog/AMPS lines, please contact Government Account manager immediately. To avoid service discontinuation, we urge you to call today to up;;rade the impacted lines to GSM. To transition your TDMA lines to the GSM network, contact you r Gove rnment Account manager or call 800-999-5445 today and choose a FREE select GSM phone for each line anc anew AT&T Nation rate plan for your Corporate ---- -- Respo„~ Users who are upgrading from TDMA service ,minin~.um service commitment may be_requiredl. _- We value you as a customer and look forward to providing yo u with enhanced wireless services. Please contact your account representative or call 800-999-5445 to upgrade t oday. John Ventura Director, Business Marketing AT&T also imposes monthly a Regulatory Cost Recovery Charge of up to $1 25 to he.p defray costs incurred in complying with State and Federal telecom regulation; State and Federal Universal Service charges; and surcharge:: for cust>mer-based and revenue-based state and local assessments on AT&T. These are not taxes or government-required charges. ,`? ..~ ', ,~, ~.e: ~~~s ~` pia`: r~~'.:~ ~z~. ~ ~.._ ,-~ .. The new ;_." , % C~ l8ct ''~~f Your world. Delivered. Attachment # 1 TELULAR phon~cell° SX5T Wireless CONNECTIVITY for standard telephone, fax, and computer equipment • Circui#-Switched Data via RJ-11 • Group 3 Analog Fax via RJ-11* • GPS/E-911 Position Location • TTY/TDD Also Featuring / Easy set up / 7 LEDs for signal strength, power, message alert and call status / Connects multiple devices / Access the Internet and E-mail / Optional PBX rack configuration Ideal Applications - Rapid deployment of wireless services - Mobile use not adequately served by handsets - Business and Residential - Remote site communications Attachment #2 ~ '• ~1~',~' ~r-~rr,~• Fixed Wireless Terminal rc-c.~ .~ - '~, _. ~..~Tr~ic~r,~r~c Model FWT-2006-GSM ~~ fi ~bffiIQf1 OF R>>8 BROUP 117COgPOtiiiTQ[~ ~~ The GSM Fixed Wireless Terminal offers landline-IikE ease of use while providing feature rich services that can only be delivered by wireless cellular systems. Our fixed wireless terminal is ideal for areas where landline service is too costly, too inefficient or unavailable. Additional Options available with our Fixed Wireless Termina are: - Polarity Reversal for Payphone Billing - 12kHz or 16kHz signaling for Payphone Billing - Intelligent Network (IN) Platform Support - GPRS - Local Number Dialing - Call Barring - SIM Lock, Network Lock - External Battery Backup Attachment 3 GetWireless, LLC 10901 Red Circle Drive Suite 325 Minnetonka, MN 55343 Phone # 952-890-6669 Bill To City of Shorewood Attn: Larry Brown Estimate Date Estimate # 9/27/2007 2317 Quantity Item Code Descrip ion Price Each Total IS TSX89N-EN1A2X3D Telular SXST-535C CDMA Fixed V'ireless''erminal - 800/1900 419.00 6,285.OOT MHz - Voice/Fax/Data - Verizon IS IBOIA035 Battery Back-Up System, No Batter} 37.00 SSS.OOT (requires 2-wire line cord and one b~ ttery 1 B) I A001) 15 1BOIA001 Rechargeable 6-Volt Lead-Acid Battery 8.00 120.OOT 15 301104 Wilson 5 dB Gain Dual-Band Anten to -For :ill standard NMO 18.00 270.OOT mounts 15 BMC Maxrad 3/4" NMO Antenna Mount ~ pith 4' C: ible Kit & TNC Male 18.00 270.OOT Connector - Terminated Please note: Shipping charges are nog included in the pricing above, Sales Tax 6.50% 487.50 Prepared by Brian Taney - (800) 990-9025 x 200 - btaney@getwirelessllc.com Total $7,987.50 Merchandise returned in under 30 days is subject to a 25% restocking charge. No returns after 30 days. Attachment 4 cart or SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Craig Dawson, City Administrator Larry Brown, Director of Public Works FROM: James Landini, City Engineer DATE: October 4, 2007 RE: Reschedule Hearing as Part of Amlee Road, Manitou Lane, Glen Road Project Minnesota Statutes Chapter 429 require the City to publish notice of the initial hearing on the proposed improvement twice in the official newspaper. The first notice did not appear in the newspaper as planned. It is appropriate to reschedule the initial hearing to provide proper notice. Recommendation Staff recommends that the Council adopt the resolution setting October 22, 2007 as the public hearing for the Amlee Road, Manitou Lane and Glen Road street reconstruction project. As special assessments are proposed for watermain improvements a public hearing will need to be held per Chapter 429 of Minnesota Statutes. ~ ~ ~~ vs r®~0 PRINTEDON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION SETTING PUBLIC HEARING DATE CITY PROJECT 07-01 AMLEE ROAD, MANITOU LANE, GLEN ROAD ROAD RECLAMATION PROJECT WHEREAS, the City Council authorized preparation of a Feasibility Report for the Amlee Road, Glen Road and Manitou Lane Road Reconstruction and Water Main Improvements; and WHEREAS WSB & Associates, Inc., prepared this report, which was accepted by the Council on September 10, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Mimlesota, 1. Sets the Public Hearing for these improvements on October 22, 2007, as special assessments are proposed. ADOPTED BY WE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of October, 2007. Christine Lizee, Mayor Attest: Craig Dawson, City Administrator/Clerk City of Shorewood (Official Publication) NOTICE OF October 22, 2007 PUBLIC HEARING ON PROPOSED IMPROVEMENTS CITY PROJECT 07-01 INSTALLATION OF WATERMAIN AS PART OF AMLEE ROAD, MANITOU LANE, GLEN ROAD ROAD RECONSTUCTION PROJECT TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Shorewood will meet in the Council Chambers of City Hall, 5755 Country Club Road, at 7 PM on October 22, 2007 to consider the making of an improvement to install watermain as part of the Amlee Road, Manitou Lane, and Glen Road Road Improvement Project, pursuant to Minn. Stat. §§ 429.011 to 429.111. The area proposed to be assessed for such improvement is Amlee Road, Manitou Lane, and Glen Road. The estimated cost of the improvement is $425,000.00. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Craig W. Dawson City Administrator/Clerk Published in the Sun-Sailor on October 11, 2007 and October 18, 2007 cirr or SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: October 4, 2007 SUBJECT: Set Date for Public Forum regarding Sale of City Liquor Stores At its September 24 meeting, the City Council decided that it would set a date for a public forum regarding the proposed sale of the City's liquor operations. This date would be determined as it appeared likely that offers on the operations would be ready for the Council to consider. The City's broker began to receive preliminary offers this week (of October 1), and will be working with interested parties as their letters-of-interest to purchase the operations are developed. Some of the interested parties have indicated an interest to make their acquisition as soon as possible, presumably to be in possession of a store for this year's holiday season. A Liquor Committee meeting has been tentatively scheduled for October 15, should the letters-of-intent be ready for consideration. The City would need to act quickly in order to make the necessary changes in the City Code to abolish municipal liquor operations, permit private off-sale liquor operations, and establish off-sale licensing procedures. With the rapid pace at which this process is progressing, it would be appropriate to schedule the public forum in the very near future. Staff suggests that the Council set October 22, 2007, as the date for public comment regarding the sale of the City's liquor operations. Staff is working on preparing the necessary Code and procedure changes for Council consideration on November 5. `?R is ra «~ PRINTED ON RECYCLED PAPER CITY ®F SHOREWOOD 5755 COUNTRY CLUB ROAD •SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Craig W. Dawson, City Administrator DATE: October 4, 2007 SUBJECT: Special Permit for Deer Removal at Minnetonka Country Club In 2006, Minnetonka Country Club requested that the City take action so that deer could be removed from its property. To do so required a "special permit for deer removal" from the Minnesota Department of Natural Resources, as the deer removal activity would take place outside the relevant hunting season. In response to the DNR requirements, the City Council • developed a City. deer management plan for the removal of them by the trap-and-dispatch method for this property only; and • authorized submission of an application for a special permit. In order to make deer removal possible on the Club properly, the Council also: • adopted an ordinance to amend the City Code so that the City could authorize the use firearms for wildlife management purposes; and • approved an agreement with the Club, wherein the Club would be responsible for all costs, and whose contractor would need to be authorized by the South Lake Minnetonka Police Department. Minnetonka Country Club Association, Inc., (MCCA), has requested that these deer removal activities be permitted again for this winter. (It has also been authorized to use the services of MBRB archers this fall.) MCCA would likely use the same contractor as it did last winter. • In accordance with DNR requirements for a special permit, an opportunity for public comment on the proposed deer management plan was provided in 2006. As the updated plan is unchanged for 2008 (see attached), no further public comment is required by the DNR. • The City will need to apply for a Special Permit for Deer Removal. from the DNR, and report on the success of last year's effort (1 I deer removed). The special permit is not simply renewable, and must be applied for each year. • An agreement between the City and MCCA for these activities has been prepared (and attached). It is identical to what was used last season, with the exception of changing the years of 2006 and 2007 to 2007 and 2008, respectively.. RECOMMENDATION: Staff recommends that the City Council approve the deer management plan; direct staff to apply for a Special Permit for Deer Removal from the DNR; and approve the agreement with Minnetonka Country Club Association, Inc., for deer removal from its property at 24575 Smithtown Road. i• :®a~ PRINTED ON RECYCLED PAPER PROPOSED DEER MANAGEMENT PLAN The City of Shorewood is requesting a Special Permit for Deer Removal from the Minnesota Department of Natural Resources (DNR). This Special Permit would apply only to the property of the Minnetonka Country Club, 24575 Smithtown Road, PIN 33-117-23-42-0004. It is planned that up to 20 deer may be removed, and that deer of any age or sex may be taken. The deer would be trapped and dispatched in the trap by firearm in a safe and humane manner. The Special Permit for Deer Removal would be issued to the City of Shorewood. The City, in turn, would have an agreement with Minnetonka Country Club Association, Inc., wherein Minnetonka Country Club would be responsible to arrange for and pay for all costs of removal, and abide by the terms of the Special Permit. The personnel who will trap and dispatch the deer must be authorized by the South Lake Minnetonka Police Department. The Special Permit would be valid from December 1, 2007, through Apri130, 2008. The City must request renewal of the Special Permit annually and note any changes in the number of deer to be removed or in the method of removal. AGREEMENT FOR DEER REMOVAL This Agreement for Deer Removal (this "Agreement") is made this 8th day of October, 2007 (the "Effective Date"), by and between the City of Shorewood, a Minnesota municipal corporation (the "City"), and the Minnetonka Country Club Association, Inc., a Minnesota corporation ("MCCA"). RECITALS A. The City and MCCA desire to control the deer population on the property commonly known as the Minnetonka Country Club, 24575 Smithtown Road, Shorewood, Minnesota (the "Property"). B. The City has obtained a Special Permit for Deer Removal from the Minnesota Department of Natural Resources (the "Special Permit"), attached hereto as Exhibit A, which grants the City permission to remove deer from the Property, subject to certain terms and conditions. C. The City desires to delegate its authority to remove deer pursuant to the Special Permit to MCCA, subject to the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Delegation of Authority. Subject to the terms and conditions set forth herein, the City hereby delegates its authority to remove deer under the Special Permit to MCCA and MCCA hereby assumes such authority. This delegation of authority shall commence on December 1, 2007, shall be nonrenewable, and shall automatically terminate without notice at 11:59 p.m. on April 30, 2008, unless earlier terminated by the City pursuant to the terms of this Agreement. 2. Removal of Deer. MCCA hereby agrees to use its best efforts to remove from the Property the maximum number of deer permissible under this Agreement. 3. Costs of Removal. All costs of deer removal pursuant to this Agreement shall be paid by MCCA. MCCA shall defend and indemnify the City against any claims asserted against the City for payment of costs related to deer removal services provided to MCCA or the City under this Agreement. 4. Independent Contractors. MCCA may use independent contractors for the removal of deer pursuant to this Agreement. Personnel who conduct deer removal activities shall be sufficiently skilled to safely and properly carry out such activities. All independent contractors, personnel of independent contractors, or other personnel who will conduct deer removal activities on MCCA's behalf must be authorized by the South Lake Minnetonka Police Department ("SLMPD"). No later than seven (7) days prior to the 3590305.4 commencement of deer removal operations under this Agreement, MCCA shall submit to SLMPD a list of all independent contractors, personnel of independent contractors, and other personnel who will conduct deer removal activities on the Property. SLMPD may, in its sole discretion, refuse to grant authorization for any independent contractor or individual to conduct deer removal activities under this Agreement. If SLMPD refuses to authorize a sufficient number of independent contractors and personnel in order for MCCA to carry out deer removal activities on the Property, MCCA may continue to arrange for and submit personnel to SLMPD until such time as a sufficient number of personnel have been approved. 5. Conditions and Restrictions. MCCA and all independent contractors removing deer pursuant to this Agreement will comply with the following rules and restrictions: (i) All conditions and restrictions of the Special Permit shall be complied with by MCCA and any person conducting deer removal activities on MCCA's behalf. (ii) No more than the amount of deer permitted to be removed under the Special Permit shall be removed from the Property during the term of this Agreement. (iii) All deer removal activities shall be restricted to the Property, and any person conducting deer removal activities on MCCA's behalf shall refrain from entering onto private property for the purpose of deer removal. (iv) Deer removal shall be conducted by trapping and dispatching by firearm in a safe and humane manner. (v) All deer killed pursuant to this Agreement shall be properly field dressed within two (2) hours of killing and antlers may not be removed by any person conducting deer removal activities on MCCA's behalf. (vi) The meat of all deer killed shall be salvaged, as appropriate, by donation to food shelves, charitable organizations, or needy individuals. Each deer shall be tagged, with tags provided by the City for this purpose, with the Special Permit number, date taken, sex and age of the deer, and name of the recipient. (vii) MCCA shall keep records of the number, date taken, sex, and age of all deer removed pursuant to this Agreement. Within three (3) days of receipt of a written request by the City, MCCA shall deliver such records to the City. (viii) Carcasses and entrails shall be disposed of in a manner provided by the Minnesota Department of Natural Resources. 6. Compliance with Law. In engaging in the activities permitted under this Agreement and the Special Permit, MCCA and its contractors shall abide by all applicable statutes, laws, ordinances, rules, and regulations. 3590305.4 2 7. Indemnity. MCCA agrees to defend, indemnify, and hold the City, its officers and employees, harmless from any and all liability, claims, damages, costs, judgments, and expenses, including all attorneys' fees, resulting directly or indirectly from an act or omission of MCCA, its agents, employees, or contractors in the performance or non- performance of the acts permitted by this Agreement or the Special Permit and against all losses by reason of the failure of MCCA to fiilly perform, satisfy, or abide by, in any respect, all obligations, conditions, rules, and restrictions under this Agreement. 8. Insurance. During the term of this Agreement, MCCA shall maintain a liability insurance policy with limits of at least One Million Dollars ($1,000,000) for each person and each occurrence, for both personal injury and property damage, that may arise directly or indirectly from the deer removal activities contemplated by this Agreement. This policy shall name the City as an additional insured and shall provide that MCCA's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Section 7. A certificate of insurance, which verifies the existence of this insurance coverage, must be provided to the City prior to the commencement of deer removal activities under this Agreement. 9. Assignment. Neither party shall be permitted to assign this Agreement without the express written consent of the other party, which may be withheld for any reason. 10. Termination. This Agreement shall automatically terminate upon the earlier of the expiration of the delegation of power pursuant to Section 1 or the termination of this Agreement by the City. In the event the City, in its sole discretion, deems that MCCA is not complying with any term of this Agreement, the City may terminate this agreement by written notice to MCCA. All indemnification obligations of MCCA under this Agreement and remedies available under Section 11 shall survive any termination of this Agreement pursuant to this Section 10. 1 1. Remedies. In the event MCCA breaches any term of this Agreement, the City may seek any and all remedies available at law or in equity. In the event the City breaches any term of this Agreement, MCCA may, as MCCA's exclusive remedy, terminate this Agreement. 12. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. 13. Merger. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 3590305.4 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CITY OF SHOREWOOD: By: Its: Mayor By: Its: City Administrator MINNETONKA COUNTRY CLUB ASSOCIATION, INC.: By: Its: 3590305.4 4. EXHIBIT A MINNESOTA DEPARTMENT OF NATURAL RESOURCES SPECIAL PERMIT FOR DEER REMOVAL 3590305.4 A-1