031008 CC Reg AgPCITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 10, 2008
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
Mayor Lizee
Woodruff
Turgeon
Vacant (W3)
Wellens
B. Review Agenda
2. NEW BUSINESS
A. City Council Ward 3 Appointment (Att -Acting Administrator's memorandum,
Resolution)
3. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, February 25, 2008 (Att.- Minutes)
B. City Council Special Meeting Minutes, March 3, 2008 (Att. -Minutes)
4. 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
5. MATTERS FROM THE FLOOR (No Council action will be taken.)
6. REPORTS AND PRESENTATIONS
7. PUBLIC HEARING
8. PARKS
CITY COUNCIL REGULAR MEETING AGENDA -MARCH 10, 2008
PAGE 2 OF 2
9. PLANNING -Report by Representative
A. Amendment to Wetland Ordinance regarding LGU Authority (Att. -Staff memorandum,
Draft Ordinance; Draft Resolution)
10. GENERAL/NEW BUSINESS
A. Executive Search Firm Update (Att. -Acting Administrator's memorandum)
B. Interim City Administrator/Clerk Update (Att. -Acting Administrator's memorandum)
C. Request for Change to Retail Off-Sale Liquor Store Operating Hours (Att. -Deputy
Clerk's memorandum)
ll. ENGINEERING/PUBLIC WORKS
12. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
B. Mayor & City Council
13. ADJOURN
criv o~
-~ SHOR~WOOD
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
Executive Summary
Shorewood City Council Regular Meeting
Monday, l0 March 2008
7:00 P.M.
A Work Session will be held at 6:00 P.M. this evening.
Agenda Item #2A: At its Special meeting on March 3, 2008, Council directed staff to prepare
a resolution appointing Jeffrey V. Bailey to Council Member Ward 3. A draft resolution
is included for Council consideration.
Acting City Administrator/Clerk Lawrence Brown will administer the Oath of Office to
newly appointed Councilmember Ward 3 Jeffrey V. Bailey.
Agenda Item #4A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #4B: Staffing - no action required.
Agenda. Item #9A: At its 19 February meeting the Planning Commission voted to recommend
an amendment to Chapter 1102 (Wetlands) whereby the City would become its own LGU
for WCA permit activities. Their specific recommendations have been included in a draft
amendment included in your packet. The Commission first recommended that the City
explore the feasibility of having the Minnehaha Creek Watershed District be the LGU for
the portion of Shorewood within the boundaries of the Riley Purgatory Bluff Creek
Watershed. This would establish uniform rules, procedures and enforcement throughout
the city. MCWD has agreed to be the LGU for all of Shorewood, and city staff strongly
recommends that the Council adopt the draft resolution to that effect found in your
packet. If you have questions relative to this matter, please do not hesitate to contact the
Planning Director.
Agenda Item #10A: During the February 25t'' City Council meeting, Acting Administrator
Brown was directed to commence with an interview process of four executive search
firms to candidate for the City Administrator search that the City is about to undertake.
Responses to the questions posed, in addition to the associated costs, will be delivered to
the City no later than, 10:00 a.m., March 13, 2008. At that time, Administrator Brown
will review the submitted information and provide a recommendation to the City Council,
as directed.
.s
~®«~ PRINTED ON RECYCLED PAPER
Executive Summary -City Council Meeting of 10 March, 2008
Page 2 of 2
Council can consider recommendations at the March 24t~', City Council meeting, or may
schedule a special meeting on Monday, March 17t~', if desired. If the latter option is
desirable, a motion setting the date for March 17t~', 2008 would be in order.
Agenda Item #lOB: At the March 25, 2008 City Council meeting, the City Council directed
staff to commence with the process of seeking out an Interim City Administrator, for the
City of Shorewood.
Staff has made contact with three candidates. Credentials have been provided to the City
Council for your consideration. Council will need to provide staff with direction
regarding the process desired.
Agenda Item #IOC: The new owners of Shorewood Liquor at 23670 State Highway 7, Mark
and Steven Shackleton, are requesting an amendment to the City's liquor ordinance
regarding the hours of operation for off-sale liquor, specifically extending the Monday-
Thursday hours from the current 8:00 p.m. closing time to 10:00 p.m., as permitted by
State Statute.
A draft ordinance amending the off-sale liquor hours as provided by State Statute is
included for Council consideration.
I'TS'
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
FROM: Larry Brown, Acting City Administrator
DATE: March 6, 2008
RE: Resolution Appointing Council Member Ward 3
On Monday, March 3rd, 2008, the City Council conducted interviews of three candidates to fill the
vacant Council seat for Ward 3.
Three candidates were interviewed by the City Council, as listed below:
• Malinda Schmiechen, 22785 Murray Street
• John B. Dean, 6080 Chaska Road
• Jeffery V. Bailey, 19660 Sweetwater Curve
After discussion by the City Council, a motion was made directing staff to prepare a resolution
appointing Jeffery V. Bailey as the Ward Three City Council Member.
The term of this appointment is to be effective immediately, after the attached resolution has been
approved, and Mr. Bailey has taken the Oath of Office for the position. The term of this
appointment will run through the canvass of the November 4, 2008, Election.
Action to be Taken:
A resolution is attached, for the City Council's consideration, appointing Mr. Jeffery V. Bailey as
the Ward Three City Council member for the term indicated.
®s a f f
r®r0 PRINTED ON RECYCLED PAPER
DRAFT
CITY OF SHOREWOOD
RESOLUTION NO.08-
A RESOLUTION MAKING AN APPOINTMENT TO THE VACATED
CITY COUNCIL WARD 3 POSITION FOR CITY OF SHOREWOOD
WHEREAS, a City Council Ward 3 position is vacant as a result of the
resignation of Councilmember Paula Callies, and
WHEREAS, the vacancy has been advertised and interviews of all applicants
conducted by the City Council,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, pursuant to Minnesota Statutes Section 412, as follows:
1. That Jeffrey V. Bailey is hereby appointed to the office of Council Member
Ward 3 to serve through the canvass of the General Election on November 4, 2008.
2. That such appointment shall take effect immediately upon the Oath of Office
being administered.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 10th day of March, 2008.
Christine Lizee, Mayor
ATTEST:
Lawrence A. Brown, Acting City Administrator/Clerk
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, FEBRUARY 25, 2008 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Turgeon and Wellens; Attorne}~ Keane; Finance Director
Burton; Planning Director Nielsen; Director of ~~u~lic Works E3rown; and Engineer
Landini
Absent: Councilmember Woodruff
B. Review Agenda
>.
Mayor Lizee requested Item 9.E, Consideration of Compensation for the Acting City
Administrator/Clerk, be added to the agenda.
Turgeon moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 3/0.
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, February 11, 2008
Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of
February 11,2008, as ~resentcd. Motion passed 3/0.
B: City Council 12egular Meeting Minutes, February 11, 2008
Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of
February 11, 2008, as presented. Motion passed 3/0.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda.
A. Approval of the Verified Claims List
B. Staffing
Motion passed 3/0.
#3A
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 2 of 10
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
5. REPORTS AND PRESENTATIONS
A. Recognition of Service
On behalf of the Council and the residents of Shorewood, Mayor Lizee tharked former Planning
Commissioner David Meyer for his more than three years of service as a Planning Commissioner and
provided him with a plaque of appreciation and recognition. Mr. Meyer Chan ked the Council, the City and
Director Nielsen for the opportunity.
On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Lake Minnetonka
Conservation District Boardmember Tom Skramstad for his eight years of service as an LMCD
Boardmember (for the last six of those years he served as Che Chair of that Board) and provided him with
a plaque of appreciation and recognition. Mr. Skramslad thanked the Council and the City for the
opportunity. Mr. Skramstad commented that the LMCD could accomplish more if the size of the LMCD
staff could be increased, and that Lake Minnetonka was becoming ^~ore complex to manage.
On behalf of the Council and the residents of Shorewood, Mayor l;izee thanked former Councilmember
Paula Callies (who was not present this evening) for her three wars of service as a Councilmember.
Because Ms. Callies now served as the City Attorneyfor Che City ol~ llnndas which held its city council
meetings on the same night as the City, she had to resign her position as a City Councilmember and she
could not be present this evening.
6. PUBLIC HEARING
None.
7. PARKS- Report by Representative
A. Report onl'arl. Commission Meeting Held February 12, 2008
Director Brown reported on matters considered and actions taken at its February 12, 2008, Park
Commission meeting (as detailed in the minutes of that meeting).
8. PLANNIN(s -Report by Representative
Commissioner Geng reported on matters considered and actions taken at the February l9, 2008, Planning
Commission meeting (as detailed in the minutes of that meeting).
Mayor Lizee questioned if the City delegated local government unit (LGU) authority to the Minnehaha
Creek Watershed District (MCDW) to administer the Water Conservation Act (WCA) for lands inside
the City within the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) jurisdiction, would the
City have to apply to the State Board of Water and Soil Resources to have those lands be included within
the MCWD jurisdiction.. Director Nielsen explained those lands would remain within the RPBCWD
jurisdiction; the City would only delegate authority to the MCWD for WCA permitting. He also
explained those lands drain into the Riley-Purgatory-Bluff Creek, and the watershed districts were based
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 3 of 10
on where the Lands drained into. He went on to explain that the RPBCWD would continue to collect
taxes on those lands; those tax funds were used primarily for projects, and permitting efforts were funded
through permit application fees. Lizee then questioned if the City would want to consider having the
MCWD assume responsibilities for projects. Nielsen explained where the lands drained dictated
watershed jurisdiction. Councihnember Turgeon commented that at the most recent Planning
Commission meeting, it had been stated that the MCWD had best practices which were enforced but not
always applicable. Nielsen stated the MCWD had indicated it may have interest in providing the
permitting service to the City; Staff was scheduled to meet with the MCWD later that week. He then
stated Staff did not think there was any reason at this time not to have the MCWD do the WCA
permitting, but Staff would wait until after its meeting with the MCWD to fornlali~e its recommendation.
A. Conditional Use Permit for Accessory Space Ovcr 1200 Sq. Ft.
Applicants: Harvey and Carol Ann Mackay
Location: 5925 Christmas Lake. Road
Director Nielsen stated Harvey and Carol Ann Mackay owmed the property at 5925 Christmas Lake
Road. Pete Boyer, representing the Mackays, had submitted plans for a significant renovationand a two-
level addition to the Mackays' house. The lower level ofthe addition would consist of au additional
garage stall and elevator compartment. The level above that .would be afour-season porch. The new
garage stall, combined with the existing tuck-under garage and a detached studio building, would bring
the total area of accessory space on the site to ?084 square feet. [3ecause the amount of accessory space
would exceed 1200 square feet, the Mackays had applied for a conditional use permit (C.U.P.).
Nielsen explained the property was zoned R-IAIS, Single-Family Rcsidential/Shoreland and contained
approximately 2.76 acres of land. The existing house contained approximately 6114 square feet of floor
area above grade, divided bet~~~een two levels. The p7~oposed addition would expand that to 6390 square
feet. The existing house was nonconforming with respect to the setback from the lake. The proposed
addition, however, would .comply with the 75-foot setback requirement.
Nielsen reviewed ho.-v the Mackays' request complied with the four criteria specified in Section 1201.03
Subd.2.d.(4) of the City's 'Coning Codc for granting a conditional use permit for accessory space in
excess of 1200 square feet.
I . The total area of accessory space (2084 square feet) did not exceed the total floor area
above grade of the principal structure (6390 square feet).
2. The total area of accessory space did not exceed ten percent of the minimum lot area for
the R-1 ~/S zoning district (.10 x. 40,000 square feet = 4000 square feet).
3. The proposed garage complied with the setback requirements of the R-lA/S zoning
district. The property took advantage of the "average setback" provision for Lakeshore
lots; the required setback for Christmas Lake (75 feet) was reduced because the
immediate property to the south was closer to the shoreline. The average between the
adjoining property and the required setback was 71 feet; therefore, that became the
setback for the subject property.
It was noted that the freestanding studio building to the west of the house was
nonconforming, but it had been granted a variance to be in that location in 1982.
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 4 of 10
The survey submitted with the application had not included the additional driveway that
would lead to the new garage stall in the hardcover calculation; adding it would increase
the hardcover to more than 25 percent. A second survey submitted on 19 February 2008
depicted the applicant agreed to remove the existing flagstone patio area. Also, the
applicant owned a vacant lot adjacent to the subject property; the road on that lot leading
to the subject property would be included in the hardcover calculation for the vacant lot.
Therefore, the hardcover requirement could be satisfied.
4. The new accessory space would be integrated into the architecture of the existing home.
The roof lines, materials and architectural character of the garages would be consistent
with the principle dwelling. The building would not appear much different, since the
proposed addition was replacing an existing greenhouse structure on the south end of the
building.
Nielsen stated the Planning Commission had unanimously recommended approval of t1~e conditional use
permit subject to verification that the 25 percent maximum hardcover requirement would be satisfied and
confirmation that the new accessory space would ft inwith the character of the e~isting~house. He
explained the new hardcover calculation would be 24.6 percent and proposed additii~n would be an
integral part of the contemporary design of the existing house.
Director Nielsen stated that Pete Boyer was present this evening.
Mr. Boyer stated the Maekays were committed to keeping the architecture ol'the house the same as when
it was originally built. The upgrades made to the house ~-vould make it significantly more energy efficient,
and the elevator would make the house more navigable for the aging applicants.
In response to a comment from Couneihnember Turgeon, Director Nielsen clarified that the variance
granted in 1982 for:ihe freestanding studio building specilicaily allowed for it to remain in its current
location.
Wellens moved, Turgeon seconded, Approving RESOLUTION NO. O&017, "A Resolution
Granting. a Conditional. Use Permit for Accessory Space in Excess of 1200 Square Feet to Harvey
and Carol Ann Mackay, 5925 Christmas Lake Road." Motion passed 3/0.
9. GENFRAL/NEW BUSINESS "`"
A. Goals and Priorities
Mayor Lizee stated that Council had reviewed a list of suggested goals and priorities for the City for
April 2008 through March 2009 at a Council work session on January 28, 2008, at which time Council
recommended items be added to and removed from the list. After that meeting staff indicated its
assessment of priority items. Councilmembers then forwarded their ranking of the goals (high, medium,
and low) to Staff. The tabulated results of the rankings were included in the meeting packet. The items on
the list did not include things that were part of the usual cycle of activities.
Councilmember Turgeon. requested Staff prepare a timeline graph depicting what quarter(s) the goals and
priorities would be worked on.
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 5 of L0
Director Nielsen requested that Item 13, Develop roadway project "templates", be addressed relatively
soon. as the Comprehensive Plan. update had to be completed in 2008, and if the "templates" were to be
modified the Comprehensive Plan would have to reflect the changes. He questioned if it could be
discussed at a March 10, 2008, work session. There was agreement to discuss that item at a March 24
2008, work session because there was one work session scheduled for March 10' 2008, to discuss the City
Hall renovation project and another work session to discuss two different storm water related topics.
Turgeon moved, Wellens seconded, Approving the Goals for April 2008 through March 2009 as
Prioritized. Motion passed 3/0.
B. Planning Commission Appointment
Mayor Lizee stated there were two Planning Commission seats to be tilled. William Ruoff had expressed
interest in continuing to serve on the Commission. No other residents had applied to fill the remaining
open seat.
Turgeon moved, Wellens seconded, Approving REfiOLUTION NO. 08-018, "A Resolution Making
the Appointment of William C. Ruoff to the Planning Com-xiiss~on effective March 1, 2008,
through February 28, 2011." Motion passed 3/0.
C, City Administrator/Clerk Position
The decision was made to separate the action acceptingthe resignation of City Administrator/Clerk Craig
W. Dawson from the action to appoint an Acting City Administrator/Clerk.
Wellens moved, Turgeon seconded, Approving R>;SOLUTlON NO. 08-019, "A Resolution
Accepting the Resignation of City Administrator/Clerk Craig W. Dawson effective February 22,
2008." Motion passed 3/0. ,~,
In response to a comment by Co~mcilmember Turgeon, Attorney Keane stated Council needed to appoint
an Acting City Administrator/Clerk. who would serve in that capacity until a person was appointed to
serve ui that position in aninterim or permanent capacity.
Mayor Irizee suggested Council ask Director Brown to serve as Acting City Administrator/Clerk.
Couneilmember Wellens asked. Director Brown if he would be willing to serve in that capacity. Brown
stated he had previously informed Mayor Lizee that he would be more than happy to serve the Council in
any way Council thought appropriate.
Couneilmember Turgeo~l stated there were two very qualified people, Director Nielsen and Director
Brown, that could serve in that capacity and both had performed the city administrator responsibilities in
the past on a temporary basis. She expressed concern about the impact on Brown's workload, and the fact
that Brown's office was not located in City Hall whereas Nielsen's was. She noted she trusted both
Brown and Nielsen immensely. She suggested Nielsen serve in that capacity for the first thirty days
which would allow Brown to determine how he would manage his workload.
Mayor Lizee clarified that Directors Brown, Burton and Nielsen had all performed the city administrator
responsibilities on a temporary basis. She commented that all three of the Directors had a lot to do as part
of their regular responsibilities. She stated that Director Brown worked on site five days a week and she
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 6 of 10
thought that was important; Director Nielsen worked from home on Fridays. She again recommended
Brown serve as Acting City Administrator/Clerk.
Councilmember Wellens stated he thought the person appointed should be Mayor Lizee's prerogative as
she would have to work closely with that person.
Wellens moved, Lizee seconded, Approving RESOLUTION NO. 08-020, "A Resolution Approving
the Appointment of Larry Brown to Acting City Administrator/Clerk." Motion passed 2/1 with
Turgeon dissenting.
D. Authorize Request for Proposals for Executive Search Consulting Services for the
City Administrator/Clerk position
Attorney Keane stated the meeting packet contained a draft Request for Proposals (RFP) for the services
of an executive search firm to assist with filling the vacancy in the city administrator/clerk position.
Former Administrator Dawson had contacted four firms that provided that type of service,- Lynn &
Associates, Springsted, Inc., The Brimeyer Group, and Pea•sonncl Decisions International; he had found
their charges ranged from $15,000 - $20,000. Keane then stated it would be appropriate to issue the RFP
to all qualified recipients. Councilmember Wellens questioned if there was a need to partake in the RFP
process because the amount of money was not that significant; he suggested Staff contact the four firms,
ask them a few significant questions, and then make a recommend~tiou so the search process could be
started sooner. He went on to state the City could post the vacant position on the League of Minnesota
Cities' website as well. He also stated he thought Director Burton, with the assistance of Acting
Administrator Brown, could coordinate that effort.
Director Brown stated Staff ~,vould }post the vacant position on the League of Minnesota Cities website
and ask for proposals from [hc four firms to assist with the search.
Attorney Keane suggested Acting Administrator Brown provide Council with a recommendation for an
executive search firm at its March 70, 200, Council meeting. He then stated if Council decided to
pursue appointing an i»terim city administrator he thought posting the interim position on the League of
Minnesota Cities websitewould bathe most effective way to find applicants, and the posting could be
done the~~ext day. MayorLizee commented that the City of Excelsior found its interim city manager
through the League of Minnesota Cities. Lizee stated she had already received emails from people
interested inthe position, and she forwarded the emails on to Attorney Keane who encouraged the people
to contact the City.
Councilmember Wellens suggested Councilmembers provided Acting Administrator Brown with input
regarding their criteria for evaluating the executive search firms by the end of the week. Attorney Keane
thought that would be appropriate. There was Council agreement to provide Brown with that information
by the end of the week.
Wellens moved, Turgeon seconded, directing Acting Administrator Brown to post the interim city
administrator/clerk position on the League of Minnesota Cities website, to conduct phone
interviews with the four executive search firms based on criteria provided by the Councilmembers,
and to make a recommendation for a firm to Council at its March 10, 2008, Council meeting.
Motion passed 3/0.
E. Consideration of Compensation for the Acting City Administrator/Clerk
SHOREWOOll CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 7 of 10
Mayor Lizee stated she had asked Director Burton to provide her with information regarding additional
compensation paid to Director Nielsen in 2000 when he served as Acting City Administrator/Clerk and
what Excelsior was paying its Interim City Manager. She asked Burton to review that information.
Burton explained the City paid Nielsen a $1,500 per month stipend, and former City Administrator
Dawson's compensation was approximately $8,200 per month. Therefore, the additional compensation
could range from $1,500 to $4,100 per month. She related staff at the City of Excelsior .stated the
executive search firm it was using had indicated interim administrators hired as independent contractors
were paid between $50 and. $70 per hour and they typically worked 20 -30 hoti-s per week.
Councilmember Wellens commented that Acting Administrator Brown ~~~as already an employee and
therefore it was not appropriate to compare additional compensatio^ for him to compensation paid to a
consultant.
Mayor Lizee stated "when saddling Staff with the additio~~al ~a~ork of a city administrator" she would
expect that individual be compensated for the additional work. She anticipated that Acting Administrator
Brown would spend at least twenty hours per week pea-Porming administrator duties, and she suggested he
track that time. She stated she could support compensating Brown $50 per hour for performing those
responsibilities, and that be in addition to his regular compensation.
Councilmember Turgeon stated she agreed .Acting Administrator Brown should received additional
compensation, but she was not sure where in the $1,500 - $4,100 range it should be.
Councilmember Wellens suggested the additional compensation be $2,000, an increase of $500 over the
$1,500 paid Director Nielsen in 2000. He asked Acting Administrator Brown if $2,000 per month would
be sufficient additional compensation. Brown stated that he and Directors Burton and Nielsen had
previously discussed that they would all have been willing to serve as Acting City Administrator and to
serve Council the best they could independent of what the additional compensation would be.
Mayor Lizee stated she appreciated the willingness ~~f the Staff to do whatever was necessary during this
transitional time, but she thought it was appropriate t~ pay additional compensation.
Councilmember Wellens stated Mayor. Lir.ee had proposed an amount of $2,500 to him which was
significantly less than her original proposal. He asked Councilmember Turgeon if she could support that
amount. He stated the amount would be prorated based on when an interim city administrator was hired.
Turgeon stated she would support $2,000 per month unless there was additional information that could
be provided which would justify. $2,500.
Wellens moved, Turgeon seconded, approving the Acting City Administrator/Clerk be paid $2,000
per month in addition to his current salary. Motion passed 3/0.
10. ENGINEERING/PUBLIC WORKS
A. 7:00 p.m. -Public Information Meeting Regarding Storm Water Pollution Prevention
Program
Mayor Lizee opened the Public Information Meeting at 7:54 P.M.
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 8 of 10
Acting Administrator Brown stated Engineer Landini would give the presentation regarding the City's
Storm Water Pollution Prevention Program (SWPPP). He reiterated that this was a public information
meeting and. not a public hearing. The meeting had to be conducted annually as part of a process that had
been established by the Environmental Protection Agency and the Minnesota Pollution Control Agency.
(A complete Agenda of the information presented to satisfy the requirements of this Program and permit
are attached to these meeting minutes. A complete copy of information referenced in the Program
presentation can be found on record. at City Hall.)
Engineer Landini explained that holding a public information meeting was a requirement for obtaining a
National Pollutant Discharge Elimination System (NPDES) Municipal Stone Water permit, a permit
required by the Federal Clean Water Act.
Landini stated the City's SWPPP had six minimum control measures (MCMs) which were used to
evaluate the City each year. He reviewed the measures and what progress the City had made or would
make in 2008 to satisfy each measure.
• MCM 1 -Public Education and Outreach
^ Hosted a Green Roof seminar which ~~~as attended by 35 residents from across
the State.
^ Published three water quality related articles in the ShoReport and one
advertisement published For the seminar.
• MCM 2 -Public Participation and [evolvement
^ Held a public information meeting on the program in 2007 which no one
attended. This meeting would satisfy the requirement for 2008.
^ Identified ways to possibly increase attendance at the meeting if Council would
want to do that -encourage volunteer monitoring, establish a citizen watch
group, or possibly offer a door prize.
• MCM 3 -Illicit Discharge and Detection Elimination
^ Continued t~~ minimize any intentional discharges (illicit discharges) into State
waters. Consider establishing a citizen watch group and a City Hall phone
number as a report hotline to assist in monitoring illicit discharge.
^ I?ducated the residents on problems related to dumping in storm sewers.
^ Develop an illicit discharge ordinance in 2008, and publish an article in the
ShoReport once the ordinance was adopted.
• .MCM 4 -Construction ~ite Storm Water Runoff
^ Conducted construction site erosion control inspections during building
inspections, in response to complaints, and after aone-half inch 24-hour rainfall
events: The frequency of inspections varied.
• MCM 5 -.Post Construction Storm Water Management
^ ,Adhered to the Minnehaha Creek Watershed District's regulations regarding post
construction storm water management (the majority of the lands inside the City
were within the MCWD jurisdiction). The City Code Zoning and Subdivision
Regulations 120]..26 Subd. 8 addressed post construction. storm water
management for lands outside of that jurisdiction.
^ Review the City Code to ensure consistency with the Comprehensive Water
Resources Management Plan updated in 2008 with regard to post construction
runoff.
• MCM 6 -Pollution Prevention and Good Housekeeping
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 9 of 10
^ Continued to sweep the City streets, protect the stock piles located at Public
Works, inspect outfalls and ponds, apply road salt when needed, and train
employees on good housekeeping practices
Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public
testimony portion of the Public Information Meeting at 8:01 P.M.
Mayor Lizee stated storm water pollution prevention was a very important topic. The Green Roof
workshop held in the spring of 2008 was well attended. There were two workshops scheduled to help
homeowners and landscape/lawn care business work toward developing a low impact lawn and
landscape. She then stated Joe Pazandak, a City employee, had undertaken prairie restoration on his
property; he suggested a prairie restoration for the area of the City located along Highway 7 near the
Waterford area be considered. She suggested the Park Commission and Engineer Landini determine if
that concept could be developed. ,
Staff will Prepare a Record of Decision Regarding the City's Storm .Water Pollution Preventiol~ Program.
Mayor Lizee closed the Public Information Meeting at 8:04 P.M.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
Acting Administrator Brown stated he had contacted Hennepin County regarding conducting a joint
electronics recycling effort per Cormcil's direction. The effort would be conducted in conjunction with
the City's spring clean-up da_y. The preliminary information provided by Hennepin County stated if the
City would pay for transportation costs the County would pay for the costs for electronics recycling. Staff
would continue to explore th~rt possibility. He then staled all deficiencies on the Shady Island Bridge had
been repaired.
Director Burtonstated the Icase payments i=or the City-owned house were current. She then stated Staff
had been trained on the use of the new financial system software.
B.` Mayor & City Council
In response to a question lrbm Councilmember Turgeon, Attorney Keane stated former City
Administrator Dawson had been handling the situation with Pastor Linus Nyambu relating to the
settlement regarding Ascending Praise Church (APC). Keane explained the City had reduced the
situation to a confession of judgment, a compromise settlement claim in the amount of $4,000. The
confession of judgment was a personal obligation for Nyambu, and he had made payment of $1,000 of
the $4,000 owed. Mr. Dawson had related to him that Nyambu had made continuing assurances that he
was endeavoring to collect contributions from APC parishioners that would enable him to pay off the
remainder of the claim. Keane recommended the City continue to maintain regular contact with Nyambu,
and he stated from his vantage point Nyambu appeared to be taking responsibility for the indebtedness.
Keane explained the City could eventually turn the matter over to a collection agency. Turgeon suggested
Acting Administrator Brown follow up with Nyambu every two weeks.
In response to a question from Councilmember Wellens, Attorney Keane explained the sump-pump
penalties charged to a particular resident had each been challenged in court and the court ruled in favor
SHOREWOOD CITY COUNCIL REGULAR MEETING
February 25, 2008
Page 10 of 10
of the City; both. rulings had been appealed and both appeals were affirmed in favor of the City. The
Minnesota League of Cities defense council had been contacted about refunding the penalties and putting
the discussions about those charges to rest. It was Keane's understanding that communications between
the resident and the defense council were continuing.
Mayor Lizee stated there was still one open. seat on the Planning Commission, and she encouraged
interested residents to apply. She then stated the City had received three letters of interest in the interim
Ward 3 Councilmember seat and those three individuals would be interviewed at a Council special
meeting scheduled for March 3, 2008. The three individuals were Jeff Bailcy• Malinda Schmiechen, and
John Dean. The appointment to the interim Councihnember seat would be made at the March 10, 2008,
Council meeting. She also stated the monthly coffee with the mayor session ~-vas scheduled for March S,
2008, and the Excelsior Chamber of Commerce Party of the Year would beheld on February 29, 2008.
12. ADJOURN
Turgeon moved, Wellens seconded, adjourning the City Council Regular Meeting of February 25,
2008, at 8:15 P.M. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine :Lizee, Mayor
ATTEST:
Larry Brown, Acting City Administrator/Clerk
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 3, 2008
MINUTES
1. CONVENE SPECIAL CITY COUNCIL MEETING
5755 COUNTRY CLUB ROAD
CONFERENCE ROOM
6:00 P.M.
Mayor Lizee called the meeting to order at 6:00 P.M.
A. Roll Call
Present. Mayor Lizee; Councihnembers Turgeon and Wellens
Absent: Councilmember Woodruff
B. Review Agenda
Turgeon moved, Wellen seconded, Approving the Agenda as Presented. Motion passed 3/0.
2. INTERVIEW CANDIDATES FOR CONSIDERATION OF APPOINTMENT TO WARD 3
CITY COUNCIL MEMBER
The following candidates were interviewed for the consideration of appointment to Ward 3 City Council
Member:
A. 6:00 p.m. I<![alinda Schmiechen, 22785 Murray Street
B. 6:20 p.m. Joh^ B. Dcau, 6080 Chaska Road
C. 6:40 p.m. Jeffei-~~ V. Bailey, 19660 Sweetwater Curve
Motion was made by Wellens, seconded by Turgeon directing staff to prepare a resolution for
consideration at the March 10'' Regular City Council meeting appointing Mr. Jeffery V. Bailey as
Ward 3 City Council Member. Motion passed 3/0.
3. OTHER
Acting City Administrator Brown inquired of the City Council if the search for City Administrator was to
be statewide or nationwide. Co~-ncil Member Turgeon indicated a preference to stay in the Midwest area.
Discussion ensured and it was recommended that the search occur in the Midwest area.
4. ADJOURN
Wellens moved, Turgeon seconded, Adjourning the City Council Special Meeting of March 3, 2008, at
7:42 P.M. Motion passed 3/0.
ATTEST: Christine Lizee, Mayor
Lawrence A. Brown, Acting City Administrator/Clerk
#3B
PAYABLES APPROVALS
For 03/10/2008 Council Meeting
~~~,,-.
C '` ,~ _ ~,,- ~,
,.- , , ~
Prepared by: ~ ` ~ ,-~ Date~~ `~
Michelle T. Nguyen, LSr. Accounting Clerk
f~
Reviewed by:
Bonnie Burton, Finance Director
Approved b Date:
arry Brown, Acting City Administrator
Date: e ~~~-, ,
~ ~f ~
PAYROLL APPROVALS
For 03/10/2008 Council Meeting
Prepared by: r p ,~ r.1 '- ,,- Date ~ o
Mic 1 T. Nguyen, Sr. Accounting Clerk'
. f) ~~ ~ f .
Reviewed by: ~ -:..- Date: = ~ ~ '~ °
Bonnie Burton, Finance Director
Approved by: = ~ Date: ~;~ ~ ~,~
Larry Brown, Acting City Administrator
CITY OF
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
FROM: Brad Nielsen
James Landini
DATE: 6 March 2008
RE: RPBC Watershed - WCA Permitting Authority
FILE NO. City Code (Chapter 1102)
Upon receiving news that the Riley Purgatory Bluff Creek Watershed District was
relinquishing its authority for Wetland Conservation Act (WCA) permitting, city staff
prepared an amendment to Chapter 1102 of the City Code which would transfer that
authority to the City. The Planning Commission held a public hearing on 19 February
to consider the amendment, and recommended the draft attached hereto as Exhibit A.
Exhibit B is a draft fee schedule that would accompany the amendment. Exhibit C is
a draft resolution whereby the City assumes LGU authority in place of RPBPWD.
Even as the amendment was being drafted and considered, staff had been working on
an alternative approach to resolving this issue -having the Minnehaha Creek
Watershed District (MCWD} authorized to handle permitting in that portion of t11e
city. Staff met with Eric Evanson, MCWD Executive Director, and James Wisker,
District Techician, Permitting, to discuss this matter and found them to be quite
willing to take on this responsibility. The advantages to having MCWD handle
permitting are several:
= The entire city would now be under one agency for WCA permitting,
providing uniformity in processing and evaluating applications for WCA
related activities.
Similarly, enforcement of WCA rules would be applied consistently
throughout the city.
.s
s. ~~ PRINTED ON RECYCLED PAPER
Memorandum
Re: RPBC Watershed -WCA Permitting Authority
6 March 200$
• MCWD has an established process for handling WCA pemlits, and they deal
with them on a routine basis. Staff expects very few permits in any given year
in this portion of the city. Consequently, if staff were to process them, each
one would be somewhat of a new experience. The MCWD process would
eliminate the need for a conditional use permit, as provided for in the draft
amenchnent.
• The MCWD fee schedule covers the expense of processing applications (few
as they maybe). The fees would be uniform for all property in Shorewood.
• Using MCWD introduces third party review by people specializing in wetland
issues.
At the last Council meeting a question arose regarding the RPBCWD taxing authority.
This authority does not transfer to MCWD. Eric Evanson indicated that it would be
difficult to justify a project, say for Silver Lake, using MCWD funds, even if some taxes
were to be collected fioin the RPBC portion of Shorewood..
The Plamling Commission voted to recommend adoption of the proposed wetland chapter
amendment, but first suggested exploring the feasibility of using MCWD as the LGU.
They also suggested that the City review a list of possible projects that could be proposed
to the RPBCWD board. The Engineering Department has compiled a list of such projects
(see Exhibit D). If the Council wishes, the City Engineer can elaborate on these projects
at Monday night's meeting.
One last issue raised by the Plamzing Commission was the establislmnent of a double fee
for after-the-fact permits. This is already City policy relative to Building Code violations.
Staff suggests that this is a broader issue that should be addressed for all Code violations.
An ordinance amendment to that effect will be presented to the Commission at a future
meeting.
Staff strongly encourages the Council to consider delegating LGU authority for WCA
permitting to the Minnehaha Creek Watershed District. This is supported by the Planning
Director, City Engineer, City Attorney and Public Works Director/Acting Administrator.
If Council agrees, a draft resolution to that effect is attached as Exhibit E. MCWD has
also agreed to provide a draft agreement between the District and the City, formalizing
the delegation of authority. If you have any questions relative to this matter, please do not
hesitate to contact the Planning Director prior to Monday night's meeting.
Cc: Larry Brown
Tim Keane
Eric Evanson
Planning Commission
-2-
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 1100, CHAPTER 1102 OF THE
SHOREWOOD CITY CODE RELATING TO WETLAND DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Title 1100, Chapter 1102 of the Shorewood City Code are hereby amended by
adding the following:
TITLE 1100
CHAPTER 1102
WETLAND DEVELOPMENTS
Section
1102.01 Purpose and intent
1102.02 Definitions
1102.03 Wetland Conservation Area and Map
1102.04 Conditions of development, restrictions
1102.05 Earth change plan
1102.06 Subdivision standards
1102.07 Land area within easements
1102.08 Artificial obstructions
1102.09 Variances
1102.10 Violation
1102.11 Vehicle restrictions
1102.12 Wetland Conservation Act
1102.12 WETLAND CONSERVATION ACT.
Subd. 1. The City of Shorewood adopts the r~ulations and standards of the Wetland
Conservation Act of 1991 (WCA), a law found in Minn. Stat. ch. 103G "the Act "and
the accom~anyin~ rules of the state board of water and soil resources, Minn. Rules ch.
8420, as amended, "the Rules."
Subd. 2. Inco~of~ration o state law pYOVisions bye{eYence. This chapter incorporates
b_y reference the Act and Rules. Terms used in this chapter are defined as provided in
Minn. Stat. ~ 103G.005.
DRAFT Exhibit A
S:\Pacific Data\User Data\Engineering\2008\2008 LGU\WC WETLAND CHAPTER~1102)
A1C~1QISl~IEl~'1~F' 1~
Subd 3 Dele~atio~z The City delegates local ~overument unit authority to the
Minnehaha Creek Watershed District (MCWD) to administer the Act for lands inside
Shorewood within the MCWD~jurisdiction and the Cit~pts local ~overmment unit
authority to administer the Act for land inside Shorewood within the jurisdiction of the
Riley Purgatory Bluff Creek Watershed District.
Subd 4 Administration. The City Engineer is the principal City Official responsible for
the administration of the Act permits and the ordinances related thereto. Any or all of
the duties hereunder maybe dele atg ed bathe Cit~En~ineer or Linder a contract approved
by the City Council.
Subd 5 Procedreres. Any ~radin~ filling draining, excavation, constriction, or
vegetation removal within areas protected by the Act shall be subject to the following:
a. Minnehaha Creek Watershed District shall administer for areas within its
jurisdiction.
b. The City of Shorewood shall administer the Act for the areas inside Shorewood
within the RileX Purgatory Bluff Creek Watershed District jurisdiction following
these procedures:
(1) Exemption and no-loss deter~ni~zatioizs. Exemption and no-loss determinations
will be made by the City Engineer. The City Engineer must seek the advice of
the Technical Evaluation Panel on questions of wetland delineation and type.
The decision is final unless appealed within 30 days to the City Council serving
as the Board of Adjustment.
(2) Se~ue~aci~a:2 and replacen:e~at plan decisio~ts. Sequencing and replacement plan
decisions will be made following the same procedures as for conditional use
permits and the additional notice and time requirements of part 8420.0230 of the
Mimnesota Rules. An application for a conditional use permit shall be subject to
the sequencing provisions of the Rules 8420 0500 (avoidance minimization
replacement} and Section 1201.04 Subd. l.d. (1 of the City Code. If the amount
of wetland to be drained or filled is less than 400 square feet, the sequencing
determination will be made by the City Engineer. If the wetland to be drained or
filled is more than 400 square feet the Technical Evaluation Panel must be
consulted.
(3) Monitori~z~. The City Engineer must ensure that the replacement plan
monitoring and enforcement requirements of Rules parts 8420.0600--8420.0630
are fulfilled.
(4) Wetland banki~z~. Wetlands may be restored or created within the City for
purposes of deposit of the wetland bank in accordance with the Rules. The City
Engineer is responsible for a~provin~ bank plans certif~~ deposits and
imonitoring of banked wetlands. The credits will be deposited with the State as
per Minnesota Rules, part 8520.0700.
DRAFT
S:\Pacific Data\User Data\Engineering\2008\2008 LGU\WCA ordinance.doc
(5) Appeals Decisions made under this chapter maybe appealed to the Board of
Water and Soil Resources under Mimlesota Rules paz-t 8420.0250, after
administrative appeal rights under the Citycontrols have been exhausted.
(6} Variances The City Council serving as the board of adjustments may grant
variances from this chapter. The board must follow the procedures and standards
set forth in the zoning ordinance for the hearing and ~rantin~ of variances.
Exemption standards are listed in Mimlesota Rules, part 8420.0122.
(7) Technical evalzzatiozi panel. The City shall appoint one person to serve on the
technical panel The person must be a teclvlical professional with expertise in
water resources management. The Technical Evaluation Panel will be formed
according to Mimlesota Rules, part 8420.0240.
(8) Ezzforcemezzt 8c Pezzalties. The City shall enforce the wetland conservation act
according to Minnesota Stat. ~ 1036.2372. The penalties for noncompliance will be
served in accordance with Minnesota Stat. § 1036.141.
Subd 6 High priority areas. Decisions re~ardin~ sequencing replacement, plans and
banking must favorreservation restoration and creation of wetlands in high priority
areas as identified in water mana e~ ment plans. A water management plan maybe
developed by a Local Govenunent Unit as per Mimlesota Stat. 51036.2243.
Subd. 7. Fees. The City shall establish a Wetland Conservation Act permit processing fee
in an amoiuit sufficient to recover the followin c~; osts:
a. the Ci management costs;
b. Technical Evaluation Panel costs, if applicable
c. Payment of diluted amounts due the City b~postin sg, ecuri_ or depositing in an
escrow account an amount equal to at least 110% of the amount owing.
DRAFT
S:\Pacific Data\User Data\Engineering\2008\2008 LGU\WCA ordinance.doc
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE TITLED
"LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES"
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 1301.02, Section "VI. Building, Zoning, Land Use" of the Shorewood Code
of Ordinances is hereby amended to add the following fees:
LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
Type of Charge/Fee City Code Charge/Fee
Refere~z ce
VI. Bacildii:g, Zo~ti~tg, La~zd Ilse
WCA Permit 1102.12 $100 plus a replenishable escrow
Exemption ($1000)
< 1 acre ($1500)
1-5 acres ($3000)
> 5 acres ($5000)
WCA Banlcillg Escrow 1102.12 Bai~lcing ($4000) escrow
WCA Replacement Escrow 1102.12 $ 5000.00 escrow
(5 yrs of monitoring and
reporting}
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Milmesota
this 10th day of March, 2008.
ATTEST:
Christine Lizee, Mayor
Larry Brown, Acting City Administrator/Clerk
Exhibit B
DRAFT FEE SCHEDULE
CITY OF SHOREWOOD
RESOLUTION NO
A RESOLUTION ADOPTING THE PERMANENT RULES OF THE WETLAND
CONSERVATION ACT
WHEREAS, The Mimlesota Wetland Conservation Act of 1991 (WCA) requires
local govermnent units (LGUs) to implement this law by adopting the rules and regulations
promulgated by the Board of Water and Soil Resources (BWSR) pertailung to wetland
draining and filling; and,
WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the
WCA to notify them of the LGU decision regarding adoption; and,
WHEREAS, the LGU is responsible for making WCA determinations for
landowners; and,
WHEREAS, the Mimlehaha Creek Watershed District accepts LGU authority
within their watershed boundaries; and,
NOW, THEREFORE BE IT RESOLVED:
The City hereby accepts the responsibility as the LGU for WCA within the legal
boundaries of the Riley Purgatory Bluff Creek Watershed District within the City of
Shorewood as of May 1, 2008, within the guidelines as set forth by the WCA and
rules.
March, 2008.
ATTEST:
ADOPTED by the City Council of the City of Shorewood this l lth day of
Christine Lizee, Mayor
Larry Brown, Acting City Administrator/Clerk
Exhibit C
DRAFT RESOLUTION -CITY AS LGU
Riley Purgatory Bluff Creek Watershed District Projects
Silver Lake UAA recommended Exotic (Non-Native) Plant Management
Drainage Area Number 64
5750 Covington Rd Swale stabilization
5750 Covington Rd Sump Mai~llole
Vine Hill Road -Purgatory Creek culvert crossing
Water quality monitoring
Exhibit D
POTENTIAL RPBCWD PROJECTS
CITY OF SHOREWOOD
RESOLUTION NO
A RESOLUTION ADOPTING THE PERMANENT RULES OF THE WETLAND
CONSERVATION ACT
WHEREAS, The MimZesota Wetland Couseivation Act of 1991 (WCA) requires
local governnent units (LGUs) to implement this law by adopting the Hiles and regulations
promulgated by the Board of Water and Soil Resources (BWSR) pertaining to wetland
draining and filling; and,
WHEREAS, the BWSR is requesting LGUs adopting the permanent rules of the
WCA to notify them of the LGU decision regarding adoption; and,
WHEREAS, the LGU is responsible for making WCA deterniinations for
landowners; and,
WHEREAS, the Mimiehaha Creek Watershed District accepts LGU authority
within their watershed boundaries; and,
NOW, THEREFORE BE IT RESOLVED:
The City hereby delegates the responsibility as the LGU to Minnehaha Creek
Watershed District for WCA within the legal boundaries of the Riley Purgatory
Bluff Creels Watershed District within the City of Shorewood as of May 1, 2008,
within the guidelines as set forth by the WCA and rules.
March, 2008.
ATTEST:
ADOPTED by the City Council of the City of Shorewood this 11th day of
Christine Lizee, Mayor
Larry Brown, Acting City Administrator/Clerk
Exhibit E
DRAFT RESOLUTION - MCWD AS LGU
CITI' UC
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
FROM: Larry Brown, Acting City Administrator
DATE: March 6, 2008
RE: Update on Executive Search Firms for the City Administrator Position
During the February 25ti' City Council meeting, Acting Administrator Brown was directed to
commence with an interview process of four executive search firms to candidate for the City
Administrator search that the City is about to undertake.
The four firms listed below were contacted.
• Lynn and Associates
• Springsted, Inc.
• The Brimeyer Group
• Personnel Decisions International
On Monday, March 3rd, during a special City Council meeting, the Council provided clarification to
various parameters for the search. Of greatest importance is the desire stated by the City Council
that the search is to incorporate the five state Midwest area.
Certainly the financial cost of the work to be provided is an important aspect of the search.
Representatives for each firm indicated that they needed an opportunity to review the job scope to
be able to respond effectively and accurately to the project.
Therefore, responses to the questions posed, in addition to the associated costs will be delivered to
the City no later than, 10:00 a.m., March 13, 2008. At that time, Administrator Brown will review
the submitted information and provide a recommendation to the City Council, as directed.
Council can consider this at the March 24tj', City Council meeting, or may schedule a special
meeting on Monday, March 17th, if desired. If the latter option is desirable, a motion setting the
date for March 17t", 2008 would be in order.
vs -- ~ ~) t
~®~0 PRINTED ON RECYCLED PAPER
1 .L
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
~.~
FROM: Larry Brown, Acting City Administrator
DATE: March 6, 2008
RE: Recommendation regarding Interim City Administrator
At the March 25, 2008 City Council meeting, the City Council directed staff to commence with the
process of seeking out an interim City Administrator for the City of Shorewood.
Staff prepared an advertisement that has been submitted to the League of Minnesota Cities
("League") for the position.
Having stated that, the League advised staff that the normal protocol is to obtain the League's list of
administrators and personnel that are available and known to the League. Applicants are to submit
credentials and conduct phone interviews for potential in person interviews with the appropriate
individual(s).
Staff did obtain the listing from the League of thirteen potential candidates. Staff made contact with
eleven of those candidates. Two individuals were not contacted, due to proximity. Both of these
two individuals were located more than one hundred miles away. With the other individuals
located locally, it appeared more productive to stay within the metropolitan area, if possible.
Of the eleven candidates contacted, three individuals submitted credentials and appear interested in
the position. The three individuals are as follows:
• Mr. Gregory Andrews
• Mr. Daniel Donahue
• Mr. Todd Bodem
Provided to the City Council, under separate cover, are the credentials for each individual.
_: _ ~
I4 `
~®«~ PRINTED'ON RECYCLED PAPER
Mayor and City Council
Interim City Administrator
March 6, 2008
Page 2 of 3
As the Acting Administrator, each of the individuals were interviewed by telephone. The following
is a brief summary of the findings for the three candidates.
Mr. Grey Andrews
Mr. Greg Andrews comes very highly recommended. Council may notice from Mr. Andrews'
credentials a wide basis of experience. Mr. Andrews has served as in the capacity of Interim City
Administrator on two occasions, in addition to serving as the Director of Finance and Deputy City
Manager or Brooklyn Park.
Mr. Andrews possesses a Bachelor of Science degree in accounting, in addition to being a Certified
Public Accountant.
Mr. Andrews has indicated that the basis for the contract is to be at a rate of $65.00 per hour, plus
mileage, for 24 to 30 hours per week.
Mr. Daniel Donahue
Mr. Donahue has also demonstrated ,significant seasoned experience. In addition to his other
experiences, Mr. Donahue served as the City Manager for the City of New Hope for over twenty-
five years.
Mr. Donahue possesses a Bachelors degree in addition to a Masters Degree in Public
Administration.
Mr. Donahue has indicated that the basis for the contract is to be at a rate of $55.00 per hour, for 32
hours per week.
Mr. Todd Bodem
It was noted in the credentials submitted by Mr. Bodem, and during the telephone interview that Mr.
Bodem stated that he may be able to work out a schedule to meet the needs of the City of
Shorewood. However, he is currently working on a limited basis with the City of Corcoran as an
Interim City Administrator.
Mr. Boden did also indicate an interest in the permanent position for the City Administrator.
The City Council did not indicate the desired process for selection of and Interim City
Administrator.
If it is the City Council's desire to expedite the filling of this position without City Council
interviews, then it is recommended that a motion directing the Acting City Administrator to
negotiate an agreement with Mr. Donahue without delay.
Mayor and City Council
Interim City Administrator
March 6, 2008
Page 3 of 3
However, if it is the Council's desire to conduct interviews with the candidates, than Staff would
recommend that these interviews with the City Council be conducted on Monday, March 17, 2008.
A formal agreement could then be acted upon by the City Council on March 24t .
Staff awaits direction from the City Council as to how to proceed.
CITY OF
~ 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
Date: March 5, 2008
To: Mayor and City Councilmembers
,~~~
From: .Jean Panchyshyn, Deputy Clerk i
Cc: Larry Brown, Director of Public Works and Acting City Administrator/Clerk
Tim Keane, City Attorney
Mark and Steven Shackleton, Shorewood Liquor, 23670 State Highway 7
Re: Off-Sale Liquor Establishment's Hours of Operation
The City has received a request from Shorewood Liquor, 23670 Highway 7, for a change in the
hours of operation for off-sale liquor. This request is attached as Exhibit A.
The hours of operation, as noted in Section 401.17 Subd. 3 of the Shorewood Liquor
Ordinance, for off-sale liquor in the City of Shorewood are:
Subd. 3. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by an
off-sale-licensee:
a. on Sundays;
b. before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday;
c. before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday;
d. on Thanksgiving Day;
e. after 8:00 p.m. on Christmas Eve, December 24;
f. on Christmas Day, December 25.
Current State Statute permits the following:
340A.504 HOURS AND DAYS OF SALE.
Subd. 4. Intoxicating liquor; off-sale. No sale of intoxicating liquor may be made by
an off-sale licensee:
(1) on Sundays;
(2) before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday;
(3) on Thanksgiving Day;
(4) on Christmas Day, December 25; or
(5) after 8:00 p.m. on Christmas Eve, December 24.
,*a Fe PRINTED ON RECYCLED PAPER
~~,~
March 5, 2008
Off-Sale Liquor Establishment's Hours of Operation
Page Two
The only difference between the City's ordinance and State Statute is with the Monday -
Thursday hours of operation. Staff did confirm with the Department of Public Safety Alcohol
and Gambling Enforcement Department that State laws on the hours of operation did change
about two years ago to extend the Monday-Thursday hours of operation from 8:00 p.m. to 10:00
p.m. This is a State-wide change.
Neighboring cities of Excelsior and Tonka Bay do not list specific hours of operation in their
ordinance, but have adopted the State Statute by reference; therefore off-sale liquor
establishment in those communities may stay open until 10:00 p.m. Monday -Thursday.
Neither Greenwood nor Deephaven have off-sale liquor establishments.
Council Action
Should Council decide to change the Monday -Thursday hours to a 10:00 p.m. closing time, as
allowed by State Statute, an Ordinance amending the Shorewood Liquor Ordinance is needed. A
draft Ordinance, attached as Exhibit B, is provided for Council consideration.
Shorewood Liquor
Wine & Spirits
23670 Highways 7
Shorewood MN 55331
Jean Panchyshyn
City of Shorewood
5755 Country Club Road
Shorewood MN 55331
Re: Retail liquor sales operating hours
Dear Jean,
Mark Shackleton
Owner/President
952-895-1803 office
markshackleton@comcast.net
We wish to formally request the Shorewood Council to allow the city retail Liquor stores
the ability to sell off sale alcoholic beverages to l Opm Monday thru Saturday as the State
permits. We would appreciate the consideration. Our intended hours of operation if
Council approves would be to stay open Monday thru Thursday till 9pm and
Friday/Saturday till l Opm.
Sincerely,
Mark and Stephen Shackleton ~~
Shorewood Liquor
Exhibit A
CITY OF SHOREWOOD
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 401
OF THE SHOREWOOD CITY CODE
RELATING TO LIQUOR
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Section 401.17, Subd. 3 of the Shorewood City Code shall be amended to read as follows:
Subd. 3. Intoxicating liquor; off-sale. The hours of operation shall be as provided in Minnesota
Statutes Section 340A.504.
Section 2. This ordinance shall be in full force and effect following its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of
March, 2008.
ATTEST:
Lawrence A. Brown, Acting City Administrator/Clerk
Christine Lizee, Mayor
Exhibit B