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032408 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 24, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING 2. 3. A. Roll Call B. Review Agenda APPROVAL OF MINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee Woodruff Turgeon Bailey Wellens A. City Council Work Session Minutes, March 10, 2008 (Att. -Minutes) B. City Council Regular Meeting Minutes, March 10, 2008 (Att.- Minutes) C. City Council Special Meeting Minutes, March 17, 2008 (Att. -Minutes) 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. City Clerk's License List (Att. -Deputy Clerk's memorandum) C. Street Sweeping Agreement with Minnehaha Creek Watershed District for Christmas Lake Road, Lift Station 12 (Att.- Engineer's memorandum, Agreement) D. Acceptnlg Low Estimate and Awarding Contrct for Woodhaven Well Demolition Project, City Project 08-O1 (Att. -Engineer's memorandum, Resolution) E. Approve Agency Review of the Draft Comprehensive Water Resource Management Plan (Att.- Engineer's memorandum) F. Council Liaison to Park Commission (Att. -Acting City Administrator's memorandum) G. Accept Agreement for Executive Search Services with Springsted, Inc. (Att. -Acting City Administrator's memorandum, Agreement) CITY COUNCIL REGULAR MEETING AGENDA -MARCH 24, 2008 PAGE 2 OF 2 H. Special Event Permit Application Registration (Att. -Deputy Clerk's memorandum) 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS 6. PUBLIC HEARING 7. PARKS -Report by Representative A. Report on Park Commission Meeting Held March 11, 2008 (Att.- Draft Minutes) 8. PLANNING -Report by Representative A. Conditional Use Permit (Att. -Planning Director's memorandum; Draft Resolution) Applicant: Stephan Doyle Location: 26785 Edgewood Road B. Waterford PUD Amendment-Beer and Wine License (Att. -Planning Director's memorandum) Applicant: Waterford Center LLP Location: 19905 Highway 7 9. GENERAL/NEW BUSINESS A. Planning Commission Appointment (Att. -Acting City Administrator's memorandum, Resolution) B. Discussion regarding settlement matter, Ascending Praise Church (Att. -Acting City Administrator's memorandum) 10. ENGINEERING/PUBLIC WORKS A. Wetland Conservation Act Joint Powers Agreement with MCWD (Att.- Engineer's memorandum, Resolution) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff B. Mayor & City Council 12. ADJOURN 1 ~' 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 Executive Summary Shorewood City Council Regular Meeting Monday, 24 March 2008 7:00 P.M. A 6:30 p.m. Special Meeting is scheduled to'interview Planning Commissioner candidates. A Work Session will be held immediately following the Regular Council meeting Agenda Item #3A: Enclosed is the verified claims list for Council approval. Agenda Item #3B: One additional Garbage Hauler has applied for a Rolloff Service license and four Lawn Fertilizer companies have applied for the Commercial Lawn Fertilizer License. All license materials have been received at the City and reviewed for completeness. As all license fees and requirements have been met, a license has been issued to the Licensee listed. Agenda Item #3C: Rehabilitating Lift Station #12 requires a permit from Minnehaha Creek Watershed District. A condition of the permit is to street sweep Christmas Lake Point. Staff recommends that the City Council approve a motion authorizing the street sweeping of Christmas Lake Point. Agenda Item #3D: Staff received four estimates for the abandonment of the Woodhaven Well portion of the Woodhaven Well Demolition project. Staff recommends the City Council approve a resolution that accepts the estimates for the project and awards the contract to Keys Well Drilling Company in the amount of $11,705.00. Agenda Item #3E: The Draft Comprehensive Water Resource Management Plan is complete and ready for review and comment by appropriate stakeholders. Staff recommends approval of a motion accepting the Draft Plan and authorizing distribution :for review and comment. Agenda Item #3F: At the first meeting of the year, Council adopted Resolution No. 08-004 making appointments to certain offices and positions within the city. With the recent appointment of Jeffery Bailey to Ward 3 City Council, a change is recommended for the Council liaison to the Park Commission for the remainder of 2008. A motion is in order to amend Resolution No. 08-004 appointing Councilmember Wellens as Park Commission liaison for the months of April and September-December, and Councilmember Bailey for the months of May through August. ~s to ~' PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of 24 March, 2008 Page 2 of 3 Agenda Item #3G: On March 17th, 2008, the City Council interviewed Ms. Sharon Klumpp, Vice President for Springsted, Incorporated and passed motion to accept the proposal provided for executive search services for the position of City Administrator. Included in the packet is the proposed agreement for these services. Agenda Item #3H: The City has received two Special Event Permit Applications. The first one is from Knewtson Health Group for a Run Along Lake Minnetonka LRT on Saturday, June 7 from 7:30 a.m. - 10:30 a.m. The second is for the Excelsior Fire District's Fire Prevention Open House and Safety Fair on Thursday, October 9 from 5:30 p.m. - 9:30 p.m. Both Event applications have been reviewed and approved by the South Lake Minnetonka Police Department, the Excelsior Fire Department, the Zoning Administrator, and the Acting City Administrator/Director of Public Works. A copy of each Event Registration Permit and Application is attached for Council information. Agenda Item #7A: Park Commissioner Norman will be present to report on the March 11, 2008, Park Commission meeting. Agenda Item #8A: Stephan Doyle has requested a conditional use permit to construct a detached garage on his property at 26785 Edgewood Road. The Planning Commission has reviewed the application, held a public hearing, found it to be consistent with City Code and recommended approval of the C.U.P. A draft resolution has been included in your packet for your consideration. Agenda Item #8B: The owners of the Waterford Shopping Center have requested an amendment to the original P.U.D. agreement, which allowed a family restaurant to be located in the center, but prohibited any sale of alcoholic beverages. Although no neighboring residents spoke at the public hearing, some had e-mailed the City, expressing their thoughts on the application. The Commission voted to recommend approval of an amendment that would allow beer and wine to be sold at the restaurant, but not to include bar seating. The Council should direct staff to prepare a resolution amending the Waterford P.U.D. agreement and the protective covenants for the Center. Upon an actual tenant being found, they would appear back at the Council to actually apply for the necessary licenses. Agenda Item #9A: Earlier this evening, the City Council interviewed two candidates for one Planning Commission opening. If Council decides to appoint one of these candidates, approval of a Resolution making this appointment is needed. Agenda Item #9B: Staff was scheduled to meet with representative(s) of Ascending Praise Church (APC) to finalize outstanding amounts owed on the settlement agreement regarding damage claims to the City owned rental property of 5795 Country Club Road. That meeting did not take place, as representatives from APC failed to show up to that meeting. Staff has outlined options for the City Council to consider trying to resolve this issue. Executive Summary -City Council Meeting of 24 March, 2008 Page 3 of 3 Agenda Item #10A: The Riley Purgatory Bluff Creek Watershed District (RPBCWD) has relinquished all permitting authority. The City of Shorewood and the Minnehaha Creek Watershed.District (MCWD) have drafted a Joint Powers Agreement (JPA) to have the MCWD administer the Wetland Conservation Act and the MN DNR Work in Public Waters permit for the area of Shorewood within the RPBCWD. A resolution and the JPA are attached for your review. Staff recommends approval of the resolution accepting the JPA. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, MARCH 10, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 6:00 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6:00 P.M. Present. Mayor Lizee; Councilmembers Turgeon, Wellens, b'1~oodruff, and Bailey (7:59 p.m. arrival); Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer 1 ~andini Absent: None Also present: Brian Lubben and Becky Sandbulte with Collaborative- Design Group, Laic. A. Review Agenda Turgeon moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 4/0. 2. CITY HALL BUILDING Acting Administrator Brov~~~ stated Brian Lubben and Becl:y Sandbulte with Collaborative Design Group (CDG), Inc. were present this evening and they would provide an update on the City Hall renovation project. Mr. Lubben stated CDG and Staff performed an in~~estigation of the City Hall structure on February 27, 2008. The findings of that investigation were included in the meeting packet. He then stated Ms. Sandbulte would revie«~ the proposed floor plan, elevations and models, and various finishes. Ms. Sandbulte highlighted the proposed floor plan. There would be an addition on the front side of the building (the west end of the north side) ~-vhch would house part of the Chambers area and an entry way. The plan was to have a recessed drop screen behind the Council seating area, and another one could be installed on the side. There would be another addition on the back side of the building (the west end of the south side) for restrooms and a break room which would be adjacent to a rebuilt deck. Adjacent to the Chambers area on its south side. was a conference room that would seat 10 - 12 people; the conference room could also be used to accommodate the overflow of people at highly attended City meetings. A server room, which would also include the equipment to video record meetings, was located on the west side of the conference room, The east side of the building would contain offices for staff and work areas. A minimal number of walls would be changed in the existing office area to make the sizes more equal. Ms. Sandbulte then highlighted the finishes. There would be carpet throughout most of the building, there would be ceramic file in the entry way, and there would be cork flooring in the work rooms and other ancillary areas. The selected ceramic file would meet the code for friction. In the winter mats would be place on the file in the entry. She routed samples of the carpet, tile, cork flooring, fabric samples, wood tone (for millwork, the Chambers area, and doors), paint samples, the counter top surface for the transaction counter, plastic laminates (for the work rooms and some of the counter top behind the front desk). All of the carpet and file contain some portion of recyclable material. #2A CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 2 of 8 Mr. Lubben stated the goal for the renovated City Hall structure was for it to have an element of uniqueness, to be welcoming, to have a little richer looking materials, and to have a more civic look. He then highlighted the exterior elevations of the proposed structure. The higher level windows in the Chambers area were to allow light into the area while minimizing distractions from outside. The landscaping and drainage around the structure would be updated, and the drainage problems would be corrected where possible. The existing exterior structure would be modestly updated to match the new components. The option existed to add skylights to the office area. With regard to exterior materials, stone would be used as an accent material and a hardy plank (which had the appearance of wood lap siding but was much more durable) would be used on the remainder. The hardy plank would be pre- primed and painted on location. Mr. Lubben explained the investigation process. Three-quarter inch diameter holes had been drilled in the exterior walls, and a lighted borescope had been used to lo~?l: inside the wall cavities and under the siding. In one location the siding was pulled back to cYposing the sheathing. In another location an approximately 4 by 5 inch hole was cut allowing full access to the wall cavity. Several horizontal wood batten trims covering the window sills were removed. No moisture or ice was visible in the inspections. With regard to findings, there didn't appear to be an}~ damage behind the window sill structure. The sill plate resting on top of the basement wall on one corner was deteriorated; it was likely the result of water coming from below the plate because it was located close to grade. Mr. Lubben stated construction drawings could be started as soon as CDG received approval from Council. If approval was obtained quickly there was a possibility the renovation could be completed in October 2008. He then stated the estimated cost of the project based on the current plans and the assumption that there was minimal corrective .work to be done on the exterior was $850,000 (not including landscaping, furnihire, and data wv-ing). He commented it was a good time to advertise for bids. Acting Administrator Brown stated rt was important for Council to determine what type of technology it wanted in the Chambers area. Councihnember Woodruff stated two screens and two projectors in the area would be a good idea. Woodl-nff did not think there was a need for monitors in the Council table. Councilmcmber Turgeon coninicilted the renovation committee also thought the monitors were not needed. Woodruff suggested a large flat panel television be purchased that could be connected (when needed) to a cable outside of the Chambers for people to view in-progress meetings in the Chambers. Mayorl~izce stated during construction it would be prudent to wire the Council table for monitors as it would be much cheaper than adding it after the if fact monitors were ever to be installed. In response to a question from Mayor Lizee, Mr. Lubben stated 2 inch by 6 inch studs would be used in the exterior wallof the additionsto allow for additional insulation and insulation in the existing structure would be improved where needed when the existing siding and sheathing was replaced. Mayor Lizee expressed concern about spending the money to renovate the structure if it was not possible to correct the current drainage issues because "water always wins". She questioned what it would take to correct the drainage issues. Mr. Lubben explained there was some money budgeted to excavate around three sides of the structure, and reestablish the drain the along with some granular fill to help take water away from the structure. The water below the structure could not be controlled, and based on the fact that the structure was on an what appears to saturated soil and that there would always be water in the soil. The drainage issues could be reduced but there was no guarantee they would be eliminated. Lizee questioned if the structure would continue to shift during different times of the year causing problems with the doors and sidewalk. Lubben stated he thought that would continue because of the land the structure was built on; the only way to eliminate that would be to build a new building after correcting CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 3 of 8 the soil under the building or by building on a new site. Lizee stated the City owned the building site behind City Hall and that ground was at a higher elevation. Lubben stated he was not sure the same soil problem would not exist. Lubben stated he thought there would be a substantial reduction in drainage issues after the mitigation effort was completed. Acting Administrator Brown stated one-third of the basement experienced extreme drainage problems to the equivalent of a steady flow of water; the mitigation effort could possibly reduce the problem to a moisture problem versus a water flow problem. With regard to data wiring, Mr. Lubben stated the backbone through the office area was relatively standard and some of the existing network could be reused. It was the audio visual component in the Chambers area that had to be decided. Acting Administrator Browu stated the data wiring question before Council at this time was if Council wanted anything out of the ordinary; Staff could address the basics. Councilmember Woodruff requested fiber optics be installed throughout the building for future use. In response to a question from Councilmember Woodruff, Mr. Lubben explained that point-of--use water heaters were not part of the plan. Woodruff suggested that be added to the bid as an alternative. Mayor Lizee stated if Council was interested in energy cflieiency andgoing green (whicll~Council had previously discussed) she suggested those directions be considered as part of the bid. With regard to the furnishings, she asked if CDG could estimate the cost for all ilew furnishings. Councilmember Turgeon suggested new used furnishings. Lizee stated there are different grades of furnishings that could be considered. Mayor Lizee requested Council consider having an open .house where the public could come and look at the plans and ask any questions they may have. DircctorNielsen stated a public hearing would have to be held as the renovation effort ~~~ould require a conditional use permit; public comment could be taken at that time. Lizee stated she would want to hear public input before the process was that far along; she had already entertained questions from a number of residents about the project. Councilmember Woodruff stated he would be in support of am open house as long as it could happen soon and before the City advertised for bids. Mr. Lubben stated CDGwould not be ready for the City to advertise for bids for 4 - 5 weeks. Acting Administrator Ba~own cautioned thatconstruction plans were costly and time intensive; therefore. public input should be heard sooner rather than later in case there were changes to the plan. Councilmember Woodruff requested the bid for the free-standing furniture be done separately. There was consensus to have anopen house from 10:00 A.M. -Noon on April 12, 2008, and to conduct the public hearing during the April 15, 2008, Planning Cormnission meeting. Mr. Lubben and Ms: Sandbulte stated they would be present at the open house. 3. COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN UPDATE This was discussed after Item 5 on the agenda. Engineer Landini stated Council had reviewed the updates to Sections N and V of the Comprehensive Water Resources Management Plan at its January 28, 2008, work session. He then stated Steve Gurney, with WSB & Associates, was present this evening to continue with the review process. Mr. Gurney stated the meeting packet contained updated Sections IV and V which reflected input received from Council at its January 28, 2008, work session. He noted there was one addition made after Council had reviewed Section V; Policy No. 1 was added under Infiltration /Volume Control on page 9 CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 4 of 8 of Section V based on input received from the Minnehaha Creek Watershed District (MCWD) regarding other cities' plans. He explained that MCWD was enforcing the infiltration policy because that policy was included in its plan. Mr. Gurney stated he had received a question regarding Section V, Wetlands, Item 8. He was asked to add parcel identification numbers (PIDs) to the wetlands listed. He was concerned that adding PIDs may make it confusing because there would be two different numbers associated with each parcel, and there could be multiple parcels attached to each wetland ID. He stated he could add an additional column with the PIDs. Councilmember Wellens explained he had made the request because. he could not research the parcels based on the information provided, and he thought it was important that a property owner be able to see if their property may be a sensitive area. Mr. Gurney then stated the discussion this evening would focus on Sections V and VII of the Plan. Mr. Gurney highlighted the three tables plus one summar~~ table contained in Section VI. Mr. Gurney explained Table VI-1 included stornz water management related projects included in the Capital Improvement Program (CIP) Storm Water Utility Fund, phis a project to "Undertake projects to restore potential wetlands outline in the MCWD Functional Assessment Report" for which there were no funds budgeted in the CIP. The reason that project was added was to allow for the opportunity to have the MCWD assist with funding that project in the future; if a project was not in the Plan it could not be considered for funding. Mr. Gurney then explained Table VI-2 inch~dcd the activities idcniiflcd in the City's Stone Water Pollution Prevention Program (SWPPP) plus three no1i-SWPPP programs. (The SWPPP was a requirement for obtaining _the Citv's .annual National Pollutant Discharge Elimination System permit.) The expense figures in Table VI-2 were determined by estimating the staff hours that would be spent working on the programs multiplied by the fully-loaded hourly rate for involved staff. The expense figures were not adjusted for inflation in (i~ture years. Mr. Gurney went on to etplain Table VI-3 included the development and implementation of three ordinances, a variety of studies, as .well as the development of number of programs, Those activities were recomm~euded but were also considered to be discretionary. Mr. Gurney reviewed Table VI-~ which «~as a summary of the ten year costs for the activities in the three tables discussed above. The estimated cost was $1,108,000 for all activities in the CIP table (Table VI-1); it was $1,163,300 for all activities in the Stone Water Management Programs table (Table VI-2); and it was $206,000 for activities in the Storm Water Management Studies table (Table VI-3). The total for all the activities over a ten year period was estimated to be $2,477,000. The City's revenues from the storm water utility were projected to be $1.95 million over the next ten years (based on revenues of $195,000 per year). Therefore, if all of the activities were to be completed there would be an approximately $500,000 deficit in funds. Gurney recommended the all the projects remain on the lists to allow for the possibility of receiving funding assistance from the MCWD. If a project was not in the plan it would not be eligible for that assistance. Councilmember Woodruff stated from his vantage point identifying the sources of funding for the projects (whether from City funds or external funds) would be a project itself. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 5 of 8 Mayor Lizee stated the Plan identified future needs but it did not commit the City to completing the projects. In response to a question from Acting Administrator Brown, Mr. Gurney explained there would be consequences (e.g., a fine) if SWPPP related activities were not completed. He thought the other activities, including CIl' activities, were discretionary. Acting Administrator Brown clarified the SWPPP activities were operational activities versus CIP activities and they included things such as checking the City's storm water structures, the City's best storm water system maintenance procedures, public education, etc. Mr. Gurney explained the MCWD had established a requirement for the City to reduce its phosphorous loading into Lake Minnetonka by fifty pounds annually, by three pounds annually into Christmas Lake, and by four pounds annually into Lake Virginia. For five areas that had been redeveloped between 2000 and 2007 the City had reduced its phosphorous load into Lalce Minnetonka by 18.1 pounds. That reduction level had not been approved by the MCWD yet. Councilmember Turgeon questioned how the City ~aTould be able to reduce its phosphorous loading if it did not have any new development or redevelopment. Mr. Gurney stated Table VI-2 ideutit~d a program for a street sweeping in the fall in addition to one that was currently done in the spring. Gurney explained there was a study which showed for each ton of material sGVept off of the roadways there was four tenths of a pound of reduction in phosphorous loading, during 2007 .the City swept 400 tons of sand from the roadways. The City could target additionalsweeping around the three lakes. The City could treat its existing sedimentation ponds to get the phosphorous to precipitate out and then harvest the flocculent that would be a byproduct of that; there would be an expense [~or removal and disposal. He explained WSB was assessing flocculation systems with other cities. Mayor Lizee questioned i f it ~-vould be possible to .include the reduction in storm water runoff from residential property in the reduction calculations. Mr. Gurney stated that would be difficult to quantify. Councilmember Wellenscomnlented that based on the stated cost for the spring street sweeping effort, it cost the City $3,371 to redilcephosphorous loadiTigby one pound. Mr. Gurncystated as other arcasin the City are developed the City's current regulations would require developers to put in sedimentation ponds. Councilmember Woodruff questioned what the next step was with regard to updating the Plan, Engineer Landini stated it was for Council to approve a draft so the Plan could be sent out for comment. Mr. Gurney stated the other sections in the Plan are introductory and had not changed very much. Councilmember Turgeon commented that there were a few minor name corrections that must be cleaned up. Woodruff requested that Table VI-2 be modified to include totals for the projects listed in each of the minimum control measures: In response to a question from Councilmember Bailey, Mr. Gurney explained the City was not committing to completing items in Table VI-1 and Table VI-3; those in Table VI-2 which were SWPPP related activities must be done. In response to a comment from Councilmember Woodruff, Engineer Landini stated there were other City funding sources besides the Storm Water Fund that could be used to fund the projects. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 6 of 8 In response to a question from Councilmember Bailey, Director Burton stated street sweeping was funded out of the General Fund. Bailey stated that would change the Storn7 Water Fund deficit situation that would occur if all of the projects were to be done. 4. STORMWATER DISCUSSION Acting Administrator Brown stated a copy of an email to Staff from Councilmember Wellens dated February 14, 2008, regarding certain storm water policies and practices was included in the meeting packet. After discussion Staff deternlined the ramifications of Wellens' suggestions were significant enough that they should be considered by the entire Council. Councilmember Wellens stated it was prudent that Council be proeided ~~~ith an explanation for what a designated holding area was and for what an undesignated holding area was. Director Nielsen questioned if Wellens was referring to the Wetlands Chapter in the CitS~ Code. Wellens stated he was referring to 10- year storm events and 100-year storm events. Acting Administrator Brown stated newer developments had ponding facilities installed to accommodate the 100-year storm event; as part of the planning process the City either gained an easement for the facilities or became the owner of them. Director Nielsen stated he had been prepared to discuss ~~~etlands; there were City designated wetlands and Wetland Conservation Act wetlands. Those wetlands were existing natural features which were to be protected; they were not created. Nielsen explained storm water retention ponds were created on a project basis; the sizes of the ponds were based on by the size of the project and storm water runoff rates. He then explained there were existing retention ponds which the City had easements for and new ones would be designated in advance of new developments_ Nielsen explained that in the early 1970s the City identified existing wetlands based on a 1967 aerial photo and the City created a wetland ordinance. h-~ the early 1990s the City adopted the Wetland Conservation Act (which it was required to do); the WCA had more stringent standards than the City. There were some wetlands designated for protection under the WCA that were not identified on the City's 1970s map. Thcwetlands identified by the City }n the early 1970s cannot be used for density purposes (for example i f there was a one-acre City designated wetland on a five-acre parcel of land, only four acres could be used (or density purposes). "The WCA wetlands can be counted in the lot area calculation: The WCA had thrcc criterions for identifying wetlands. Engineer Landini explained in 1991 the WCA was passed and it used a Corps of Engineers Manual from 1987 to delineate wetlands; there had to bewater, plants and soils. to support the wetland. 5. ROADWAY PROJECT PLANNING SEMINAR This item was discussed before Iicm 3 on the agenda. Acting Administrator Brown stated that he, Engineer Landini, and Councilmember Turgeon had attended a roadway project planning seminar about infrastructure planning conducted by Bolten and Mink. Bolten and Mink used Waconia's infrastructure plan as an example in the discussion. Waconia took four years to prepare its plan. Waconia's primary concern was roadways. Waconia's roadway planning process included: 1) implementing an evaluation tool (typically a pavement management plan); 2) rating the roadways and prioritizing roadway improvement projects; and, 3) determining the total cost for doing all of the improvement projects. Waeonia's total cost was staggering; and the cost of the projects increased significantly the longer the projects were delayed because of continuing decaying of the roadways. Acting Administrator Brown then stated the City had implemented a pavement rating system and it had implemented a project matrix (which included all infrastructure projects). The Staff had not added all of CITY OF SHOREWOOD WORK SESSION MEETING MINUTES March 10, 2008 Page 7 of 8 the costs for all infrastructure projects together to determine the total cost and it had not scheduled the projects out over a manageable time period. He explained after Waconia determined its total cost, it asked its bond consultants to identify alternatives for how Waconia could fund its projects. Waconia also considered all the funding options available. For example, it was a new concept for Waconia staff and council for a storm water fund to pay for storm water projects and for a sanitary sewer fund to pay for sanitary sewer items. Acting Administrator Brown stated the City had the tools in place to calculate the total cost of the known infrastructure projects and that could be done without a great deal of diftlculty. After that was done Council may want to consider having discussions with the City's bond consultants about alternative bonding approaches. Acting Administrator Brown commented the City's Capital hi~provement Program (CIP) allowed for Amlee Road, Manitou Lane and Glen Road improvements. For political reasons, those improvements were put on hold. He stated he and Engineer Landini were contemplating which roadway improvement project should be done next; should it be the next project on the list, or should atwenty-year plan be prepared before a project was selected. Mayor I;free recommended atwenty-year comprehensive infrastructure project plan be prepared first. She commented the City used to have a twtetzty-year plan; and she thought having that plan would be better for the Council, tier Staff, and for the residents. Councilmember Turgeon stated it was strong]y stated at the seminar that sealcoating should only be done on roadways that were in reasonable shape; it did little. i1~ any, good to sealcoat a roadway in poor condition. She agreed with Mayor Lizee's i-cco~imlendation to prepare atwenty-year comprehensive infrastructure project plan first. Acting Administrator Bro«~i stated with the current toois Staff shoiiid be able to have a plan prepared by fall 2008. Councilmember Woodruff a~p-eed with the preparation of a comprehensive plan. In response to a comment tronl Councilmember Woodruff, Acting Administrator Brown explained that seal coat and slui7-y (emulsified asphalt product) projects would occur in 2008 as planned. Councilmember Wellens questioned if there was some measure that could be used to determine if, in the long term, the slurry method was better than the sealcoat method. Acting Administrator Brown stated Bolten and Mink did not present ally slurry options or any pavement reclamation options at the seminar; the city used both options. Atthe seminar Staff asked if any attendees had used the slurry (emulsified asphalt product) method, and there was little comment about it. The big issue with the slurry method was keeping access to the roadway open; therefore, although the slurry method may be the better option, it could not be used in aLl situations. In response to a comment from Councilmember Woodruff, Acting Administrator Brown explained Staff would assess the two test slurry sites after weight restrictions were lifted. Woodruff moved, Wellens seconded, recessing the meeting to a City Council regular meeting at 6:52 P.M. Motion passed 4/0. Mayor Lizee reconvened the work session at 7:59 P.M. Councilmember Bailey arrived at 7:59 P.M. CITY OF SHOREWOOI) WORK SESSION MEETING MINUTES March 10, 2008 Page 8 of 8 The discussion returned to Item 3 on the agenda. 6. OTIIER 7. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Work Session Meeting of March 10, 2008, at 8:32 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MARCH 10, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. Present. Mayor Lizee; Councilmembers Turgeon, Wellens, Woodruff, and Bailey (7:03 p.m. arrival); Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen: and Eng>>ieer T_,andini Absent: None A. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. NEW BUSINESS A. City Council Ward 3 Appointment Acting Administrator Brower stated the City had received three applicants to fill the vacant City Council Ward 3 position - Malinda Schmcichen, John B. Dean, and Jeffery V. Bailey. Council interviewed the applicants at a Marc1~ 3, 2008, spccial_City Council meeting. At that meeting Council directed Staff to prepare a resolution for consideration appointing Mr. Bailey to the City Council Ward 3 position. Woodruff moved, Turgeon seconded, Adoptiu; RESOLUTION NO. 08-021, "A Resolution Making an Appointment to the Vacant City Council Ward 3 Position for the City of Shorewood." Councihnember Woodruff stated he was not present at the March 3, 2008, special meeting, but he had conducted phone interviews with the three applicants and he concurred with the selection of Mr. Bailey. Motion passed 4/0. Mayor Lizee welcomed Mr. Bailey. Acting City Administrator Brown administered the Oath of Office to newly appointed interim Ward 3 Council Jeffery V. Bailey. Councilmember Bailey assumed his Council seat at 7:03 P.M. 3. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 25, 2008 #aB SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 2 of 8 Wellens moved, Turgeon seconded, Approving the City Council Regular Minutes of February 25, 2008, as presented. Motion passed 3/0/2 with Bailey and Woodruff abstaining due to their absence at the meeting. B. City Council Special Meeting Minutes, March 3, 2008 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of March 3, 2008, as presented. Motion passed 3/0/2 with Bailey and Woodruff abstaining due to their absence at the meeting. 4. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions Coutained on the Consent Agenda. A. Approval of the Verified Claims Last B. Staffing - No action required Motion passed 5/0. Councilmember Woodruff stated on the verified claims list there was an item for payment for the televising of the sanitary sewer system; he asked Staff to comment on that payment. Acting Administrator /Director of Public Works Brown stated that was a partial payment to the contractor. The contractor had completed fl1e televising of the sanitarv sewer and the City had received a logging of that. The process of identifying the trouble areas and grouting them would soon be started. 5. MATTERS FROM THE FLOOR Councilmember Woodruff stated he had received a call from a resident regarding the use of golf carts on City streets. IIe asked that Staff to review the City Code to see if there were any restrictions. 6. REPORTS AND PRF,SENTATIONS None. 7. PUBLIC HEARI N G None. 8. PARKS Acting Administrator/ Public Works Director Brown stated there had not been a Park Commission meeting since the last City Council regular meeting. 9. PLANNING SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 3 of 8 Director Nielsen stated there had not been a Planning Commission meeting since the last City Council regular meeting. A. Amendment to Wetland Ordinance regarding LGU Authority Director Nielsen stated after the City received news that the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) 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. Nielsen explained as the amendment to the Code was being drafted and considered, Staff had been researching the feasibility of delegating Local Government Unit authoritylor WCA permitting for lands inside Shorewood within the RPBCWD jurisdiction to the Minnehah~i Creek Watershed District (MCWD). Staff had met with Eric Evenson, MCWD District Administrator, and James Wisker, District Technician, Permitting, to discuss this matter and found them to be quite willing to take on this responsibility. The advantages of having MCWD handle the WCA permitting would be as follows. - The entire City would be under one agency for WCA permitting, providing uniformity in processing and evaluating applications for WCA related activities. - The enforcement of WCA rules would be applied consistently throughout the City. - MCWD had an established process for handling WCA permits, and it dealt with them on a routine basis. Staff anticipated there would be very few permits in any given year in that portion of the City; if Staff ~-acre 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 pro~~ided for in the draft amendment. - The MCWD fee schedule would cover the expense of processing applications, and the permitting fees would be uniform for all properties in Shorewood, - Delegating LGU authority for WCA permitting would introduce a third party review by individuals who specialircd in wetland issues. Nielsen stated at the 1~'ebruaiy 25, 200, Council meeting a question arose regarding the RPBCWD taxing authority. That authority would not transfer to MCWD. Mr. Evenson indicated that it would be difficult to justify a project (for example Silver Lake) using MCWD funds, even if some taxes would be collected for lands inside the City within the 12PBCWD jurisdiction. Nielsen stated at its February 19. 2008, meeting the Planning Commission voted to recommend adoption of the proposed amendment to the Wetland Chapter of the Code provided the option to delegate LGA authority for WCA permittin~* to the MCWD was not feasible. The Commission recorrnnended Staff identify the City's list of existing water management issues for lands inside the City within the RPBCWD jurisdiction; projects not included in the City's Capital Improvement Program or on any other project list. The Engineering Department had since compiled a list of such projects -Silver Lake UAA recommended exotic (non-native) plant management; drainage area No, 34; 5750 Covington Road Swale stabilization; 5750 Covington Road sump manhole; Vine Hill Road/Purgatory Creek culvert crossing; and water quality monitoring. Nielsen then stated the Commission had also raised the possibility of charging a fee double the amount of a regular permit fee for after-the-fact permits. A similar after-the-fact policy existed relative to Building Code violations. Staff suggested that the after-the-fact fee policy be addressed for all Code violations. An ordinance amendment to that effect would be presented to the Commission at a future meeting. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 4 of 8 Nielsen stated Staff strongly encouraged Council consider delegating the LGU authority for WCA permitting to the MCWD. That recommendation was supported by the Planning Director, City Engineer, City Attorney and Director of Public Works/Acting Administrator. A draft resolution to that effect was included in the meeting packet. The MCWD had also agreed to provide a draft agreement between the District and the City, formalizing the delegation of authority. Mayor Lizee questioned if the City had to obtain approval from the State Board of Water and Soil Resources (BWSR) to delegate LGU authority. Engineer Landini stated BWSR required a resolution which would then inform them of that. In response to a question from Councilmember Woodruff, Director. Nielsen clarified if LGU authority were delegated to the MCWD the permitting fees would be based onthe MCWD fee schedule. Mayor Lizee questioned what the reason was for the RPBCWD Board to relinquish its authority for WCA permitting. Engineer Landini stated the majority of that Board thought its permitting responsibilities were a liability; it relinquished alh.ofits permitting authority. In response to another question, Landini stated he thought there were eight cities That had lands within the RPBCWD jurisdiction; the other cities were much larger and they were petitioning the RPBCWD to take over permitting authority. He explained the RPBCWD Board relinquished responsibilities effective January 1, 2008; the City had requested an extension to It~iay 1, 2008. Turgeon moved, Woodruff seconded, Approving RF,SOLiTTION NO. 08-022, "A Resolution Adopting the Permanent Rules of the Wetland Conservation Act as amended to say `Adopted by the City Council of the City of Shorewood this 10"' day of 1~Iarch 2008'; and subject to approval of the agreement between the City and the Minnehaha Creek Watershed District." Motion passed 5/0. Councilmember Bailey snggestcd the Planning Commission consider alternatives to the double-fee amount for after-the-fact permits. 10. GENERAL/NEW BUSINESS A. Executive Search Firm Update Acting Administrator Brown stated at its February 25, 2008, meeting Council directed him to commence the interview process with four e~ccutive search firms which would assist with filling the vacancy in the City Administrator/CIerk positi~~n. The firms were Lynn and Associates, Springsted, Inc., The Brimeyer Group., and Personnel Decisions International. At its March 3, 2008, special meeting Council provided clarification regarding the parameters for the search; Council expressed a strong desire for the search to incorporate the five-state Midwest area. Brown then stated the representatives of the four firms indicated they needed an opportunity to review the job scope to be able to respond effectively and accurately to the project. Therefore, the responses must be delivered to the City no later than 10:00 A.M. March 13, 2008. Brown noted Council had previously directed him to make a recommendation on a firm. He had since received input indicating Council may want to interview the firm(s). He questioned how Council would like to proceed. Councilmember Turgeon stated she would prefer Brown review the information submitted by the firms, and Council meet with the firm recommended by Brown at a March 17, 2008, SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 5 of 8 special Council meeting to interview the firm, to discuss what Council's criteria is for a qualified administrator, and to discuss the search process. Councilmember Bailey stated although he would like the option to not select the firm, he would prefer Staff made a recommendation of a firm. B. Interim City Administrator/Clerk Update Acting Administrator Brown stated at its February 25, 2008, meeting Council directed Staff to commence with the process of searching for an interim City Administrator. Since that time Staff had prepared and submitted an advertisement for the position to the League of Minnesota Cities. The LMC had advised Staff that the normal protocol was to obtain the LMC's list of administrators and personnel that were available and known to the LMC. Staff did obtain a list of thirteen potential candidates from the LMC, and Staff made contact with eleven of the candidates (the other two individuals were located more than one hundred miles away). Three of the eleven individuals had submitted credentials and appeared to be interested in the position. Those credentials had been distributed to Council under separate cover. Brown reviewed a brief sununary of the findings of the three candidates. - Greg Anderson had served as an interim city administrator on two occasions. He had also served as the Director of Finance and Deputy City Manager of Brooklyn Park. He had a Bachelor of Science degree in accounting and was a Certified Public Accountant. His contract rate would be $65 per hour plus mileage and he would be willing to work 24 - 30 hours per week. - Daniel Donahue had served as the City Manager for the City of New Hope for more than 25 years. He had a bachelor degree and a master degree in Public Administration. His contract rate would be $55 per hour and he would be willing to work 32 hours per week. - Todd Bodeen was currently working on a limited basis as an interim City Administrator for the City of Corcoa-an, and he thought he may be able to work out a schedule to meet the needs of Shorewood. He had expressed an interest in the City's permanent position for City Administrator.. Brown stated if Council tiwanted to expedite the tilling of the interim position without interviewing the candidates, Staff recommended Council direct him to negotiate an agreement with Mr. Donahue without delay. Councilmember Woodruff concurred with the recommendation of Mr. Donahue, but he would like the opportunity tointerview him on March 17, 2008. Councilmember Turgeon suggested any action on an interim City Administrator be delayed until Council spoke with the search film alid gained an understanding of how long the firm anticipated it would take to find a permanent Administrator. If the process would take 3 - 4 months, it may be more prudent for Acting Administrator Brown to stay in that capacity until the position was filled on a permanent basis as it would be less disruptive to Staff. If the process would take significantly more time, then it may be appropriate to consider an interim Administrator. Councilmember Bailey stated he concurred with Councilmember Turgeon's perspective. It a pemnanent Administrator could be found in a reasonable amount of time, continuing with Acting Administrator Brown in his capacity would be less disruptive to the Staff. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 6 of 8 Councilmember Wellens stated he agreed with Couneilmembers Bailey and Turgeon, especially because he was interested in a different candidate than Mr. Donahue. If candidates were interviewed, he would prefer to interview them all. Mayor Lizee stated she concurred with waiting to decide on whether or not the City should hire an interim Administrator. She commented the City of Excelsior selected a new City Manager within six months. If an interim Administrator were hired during the search process for a permanent Administrator, the Staff would educate two individuals on the City's operations. Lizee stated she had expressed concern to Acting Administrator Brown about the number of hours the interim candidates would be willing to work (20 - 32 hours) and she asked him to research her concern. Brown explained the candidates wanted to restrict their hours because of PERA restrictions; many of the individuals on the list were retired administrators who wanted to take advantage of their PERA retirement benefits and PERA restricts people to working no more than 32 hours per week (which includes the time spent attending meetings such as Council meetings). Brown stated Staff would have to assume some of the interim Administrator`s responsibilities because of the short work week. He then stated it was somewhat common for it to take 6 - 8 months to have a new permanent administrator onsite. He also stated he would be willing to serve in the Acting Administrator capacity until a permanent Administrator was found. Councilmember Woodruff stated he wanted to withhold judgment on the need for an interim Administrator until after Council spoke with the search firm nn March 17, 2008. He then stated the longer Council waited to make a decision to possibly hire an interim. Administrator the more of a disadvantage it would be to do so. He recommended Council make a decision tin whether or not it wanted to pursue the interim Administrator position after meeting with the search firm on March 17"', but no later than at the March 24't'' Council meeting. He questioned if any of the four firms were conducting the search for Excelsior. Mayor .Lizee stated Lynn and Associates was conducting that search. Councilmember Turgeon commented the criteria for the Excelsior City Manager and the City's City Administrator was different because of the differences in the two cities. There was consensus to schedule a City Council special meeting for March 17, 2008, at 6:30 P.M. C. Request for Change to Retail Off-Sale Liquor Store Operating Hours Acting Administrator Brown stated the City had received a request from the owners (Mark and Steven Shacklcton) of Shorewood Liquor, 23670 Highway 7, to change the City's Monday -Thursday hours of operation for. of[=sale liquor. IIe explained the hours of operation were regulated by the City Code Section 401 relating to liquor. The Code prohibited the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 8:00 P.M. Monday through Thursday; the Code was based on State Statute regulations which were in c(~Pect when the Code was adopted. Approximately two years ago State Statute was changed to prohibit the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 10:00 P.M. Monday through Thursday. Brown explained an amendment to the Code would be required to change the hours of operation for off- sale liquor sales. Woodruff moved, Wellens seconded, Approving ORDINANCE NO. 448, "An Ordinance amending Chapter 401 of the Shorewood City Code Relating to Liquor to Reference the Hours of the State Statute ." SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 7 of 8 Councilmember Turgeon stated she could support the request, but she had a concern about the amount of signage Shorewood Liquor was displaying. She questioned if the motion could be contingent on the removal of excess signage. Mayor Lizee stated that contingency would impact the other liquor store in the City; signage issues were handled in a different manner. Director Nielsen stated the excess signs would be removed. Attorney Keane stated a condition of enforcement could be compliance with City signage regulations. Nielsen stated he would prefer that not be a condition of approval. Nielsen stated he would remove the excess signage. Councilmember Woodruff stated he did not want to amend the motion to include the condition for removal of signage; but he thought Shorewood Liquor must conform to the City's signage regulations. Councilmember Bailey questioned why the current hours of operation for off-sale liquor on Monday through Thursday were 8:00 A.M. to 8:00 P.M. Attorney Keane stated State Statute was amended after the City had adopted its ordinance. Councilmember Wellens requested Acting Administrator Brown to inform the other liquor store in the City of the change. Councilmember Bailey stated he was in favor of the change, but he questioned if it would be appropriate for the Planning Commission to hold a public hearing to take public comment on the change. Director Nielsen stated a public hearing was not required. Attorney Keane stated Council had the option to refer to the Planning Commission, but the City was not obligated to take public comment at a public hearing or take input from another referring commission. Councilmember Woodruff withdrew his motion. Director Nielsen stated the public bearing regarding the hours_c~f operation for off-sale liquor stores would be scheduled for the April 1, 20.08, Planning Commission meeting. 11. ENGINEERING/PU13L1C' ~~'ORKS None. 12. STA R~ AND COUNCIL RF PORTS A. Administrator & Staff Acting Administrator Bro«m stated he had spoken with Pastor Linus Nyambu relating to the settlement regarding Ascending Praise Church (APC). He related that Pastor Nyambu had committed to delivering the remaining settlement payment to City Hall on March 19, 2008. Brown then stated all deficiencies on the Shady Island Bridge bad been repaired. He also stated seasonal weight restrictions went into effect on March 1, 2008. Director Nielsen stated the City had received two applications for the open position on the Planning Commission. Councilmember Bailey suggested a small description of Commission duties be published in the ShoReport so residents had a better idea of what the responsibilities of a Commissioner were. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 8 of 8 B. Mayor & City Council Councilmember Wellens stated the League of Minnesota Cities had supported the recent Transportation Bill which the Governor had vetoed and the House and Senate overrode. He stated because the City was a member of the LMC, the City's residents were paying for a lobbying group to raise taxes. He questioned if the LMC had to separate its lobbying expenditures from insurance expenditures, and could the City stop funding any LMC lobbying activities with the City's taxes. Attorney Keane stated the City paid an insurance premium for its insurance through the LMC's Insurance Trust and it also paid a membership fee to belong to the LMC. He then stated he-was not sure if the City could continue to have its insurance through the LMC's Insurance Trust and not belong to the LMC; he would research that. Mayor Lizee stated she participated in a coffee with the mayor Session on Marcli b, 2008, at which she entertained questions from residents about the City Hall renovation project. She stated in a work session earlier that evening there was Council consensus to have an open.. house from 10:00 A.M. -Noon on Saturday, April 1, 2008, for the public to come and look at tI7e proposed plans and ask any questions they may have. Council also agreed that the Planning Comnssion would c~~nduct at public hearing on the topic at its April 15, 2008, Planning Commission meeting. 13. ADJOURN Turgeon moved, Woodruff seconded, adjourninb the City Council Regular Meeting of March 10, 2008, at 7:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTF ), Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS MONDAY, MARCH 17, 2008 7:00 P.M. MINUTES 1. CONVENE SPECIAL CITY COUNCIL MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellcns, and Woodruff; and Acting Administrator Brown Absent: None B. Review Agenda Acting Administrator Brown requested Item 3, Interim City Administrator Position, be added to the agenda. Wellens moved, Woodruff seconded, Approving the .Agenda as amended. Motion passed 5/0. 2. INTERVIEW FIRM FOR CONSIDERATION OF PRO~'IDNG CITY ADMINISTRATOR SEARCH SERVICES Acting Administrator Brown stated at its March 10, 2008, meeting Council requested that he receive and evaluate the proposals f-om the executi~re search firms and provide Council with a recommendation on a firm. Council would then conduct an interview with the firm at this special meeting. Brown explained four firms were contacted. T1ie firms were The Brymeyer Group, Inc.; Lynn and Associates; Springsted, Incorporated; and PcrsonneI Decisions International. The City received hard copy proposals prom all but Lynn and Associates. He stated after evaluating the proposals, he recommended Springsted, Incorporated, be utilircd to assist with filling the vacancy in the City Administrator/Clerk position. He believed Springsted. had exceeded the requirements of the proposal. Brown stated Sharon Klumpp, Vice President with Springsted was present to review the Springsted proposal. Ms. Klumpp would be the lead for Springsted on this effort. Ms. Klumpp stated the process of selecting a candidate did not necessarily mean everyone would get their first choice in a candidate; but it should be a decision that each deciding participant could be supportive of. Ms. Klumpp reviewed the benefits of partnering with Springsted in the search effort. - She and her Springsted colleagues had a strong understanding of local government. She had started working with Springsted since 2003 in soiree form of organizational management work. - Springsted started out by providing financial services to the public sector fifty plus years ago. Over time it was continually asked to provide human resources skills to clients. In 2000 Springsted acquired a company in the mid-Atlantic area which had worked #Zc SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 2 of 7 primarily in the executive search and organizational management disciplines. Springsted made a concerted effort to concentrate on work in the public sector. - Her career had focused on working with local government. She had worked directly for a number of communities and she had consulted with many local governments. She had a minimal amount of experience with the private sector. - Springsted employees had a great deal of familiarity with the candidate pool for the public sector. They knew how to access potential candidates. Knowledge of the candidate pool helped to accurately evaluate potential candidates. Because she had been working with local governments most of the 30 years she had lived in Minnesota; therefore, if she did not know an individual personally she most likely knew someone who could provide her with some insight. - The requirements and expectations of a city administrator varied between organizations. Therefore, she thought it was important for her to meet with the Couneilmembers individually to gather each person's perspective about the requirements for the position (e.g., experience, skill sets, core competencies and qualifications), the Ciry's ongoing needs and expectations, and future issues; she «~ould also want to meet with Council collectively. She also thought it would be important to meet with department heads to gather additional information and gain a broader perspective; that could be done individually or collectively. If she received ~onflictin~~ input from the Council and staff, she thought it was prudent that be discussed with Council. The input would provide her with better information to respond to questions from potential candidates, - One of the most important services the Springsted team would provide was thorough candidate information. She would develop a matrix of information on up to six applicants identifying things such ascducational background;~experiences, etc., and then would rank the candidates in the various categories. She ~~,~ould interview all candidates by phone and asked each person the same questions. She would walk through each candidate's resume with them to ensure the particulars were defined. She would present Council with. a list of up to six semi-fiinalists for Council for review and discussion. - Reference checks and background checks were conducted on the candidates Council would select to interview. A type of psychological assessment could be made available if Council desired. She explained she used a former police chief who was now a private investigator to conduct background checks; she had used that individual to provide those services For a lolig time. She would. conduct the majority of the reference checks; some of the reference checks were recommended by the candidates and others were checks she chose to do. :> The Springsted team waseonuiutted to providing a high quality search. The search must meet Council's deeds (CoLUlcil needs to get the information it needed about a candidate); but the search must also accurately convey to the candidates what the position would encompass. The Council's first introduction to the candidates often occurred at an informal gathering which would occur before final candidate interviews with the Cowlci~l. Ms. Klumpp stated there ~o~ere four steps in the executive search process. The steps were: 1) develop a position analysis and city profile; 2) recruit and screen candidates; 3) evaluate candidates; and 4) select a candidate. The details of each step were detailed in the proposal submitted by Springsted. With regard to advertising for the position, she explained ads would be placed in a regional forum and that would be supplemented with various mailings. Springsted would supplement the search through the use of other organizations the company belonged to at no cost to the City. Ms. Klumpp commented that at times the hiring body thought it was possible to hire someone at a salary which was lower than the salary paid the previous administrator or specified in the position profile. That may or may not be possible; it would depend on the candidate pool and the experience a candidate had. SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 3 of 7 Ms. Klumpp reviewed a tentative project timeline. - Placement of advertisement and recruitment April 15 -May 9 - Candidate information to Council and selection of finalists May 27 -June 2 - Conduct interviews June 13 -June 14 Ms. Klumpp asked that a City contact be designated. Mayor Lizee indicated that would be Acting Administrator Brown. Klumpp stated the placement of ads and recruitment process could not be initiated until a position profile had been completed. Before that could happen it was necessary that she meet with the Councilmembers individually and she would prefer to meet with the department heads. She asked that those meetings be scheduled and conducted as soon as possible. She rccouuiiended approval of the profile be obtained at a Council meeting. There was consensus that could occur at the first Council meeting in April. Ms. Klumpp stated it was her goal to present the list of potential candidates to Council just prior to May 26, 2008, and have Council select the list of final candidatesto .interview duri^g the next week. She would prefer to let the potential candidates know what the tentative interview dates would be early on so the candidates could reserve those dates well in advance: she would inform candidates that were not selected for interviews as soon as possible. She comiilentcd it was common for the selected candidate to take 4 - 6 weeks to start in the position from the time it was offered and accepted. Ms. Klumpp stated Springsted was committed to providing a successful search, to providing a customized approach, and to paying attention to the necessary requirements. Couneihnember Woodruff questioned how long the seai-c11 took for the City Administrator positions for the cities of Grand Rapids and Oak Grove. Ms. Klumpp stated for Oak Drove it took between 90 days and 120 days, which was the norm. The search for Grand Rapids .took longer because it was basically done twice. The search started .with. a Council where most of the members were completing terms, and continued with newly elected metilbers. Then, the selected candidate decided it would not be a good fit for his family so a newearidid~~tc had to be found. Woodruff recommended the City Administrator's performance appraisal form be finalized as part of this process and that it be done prior to the interviewing of candidates. Councilmembcr Woodruff then questioned if Springsted would use the DISC management assessment tool. Ms. Klumpp stated that tool evaluated the dominant, influential, stability and compliant styles of management; the cost would be approxi~i~ately $35 per candidate to obtain an on-line DISC assessment report. Woodruff stated he wtisan advocate of management assessments. Ms. Klumpp stated she had previously engaged the services of an on-line consultant to conduct Meyers-Briggs assessments of candidates; the psychologist used an expanded form of the Myers-Briggs assessment tool which did a more in-depth analysis of the components of style and included some assessment of emotional intelligence. The cost of that assessment was approximately $250 per candidate. She clarified the costs for the management assessments were not included in the proposed fee. In response to another question from Councilinember Woodruff regarding the fee, Ms. Klumpp explained the proposed fee was a fixed fee based on the services included in the proposal. The out-of-pocket expenses were estimated, and management assessments and subsequent evaluation costs were not included in the costs. She stated the advertising costs did not include advertising in the Star Tribune or the local newspapers. Woodruff stated he did not recommend advertising in the Star Tribune. Acting Administrator Brown clarified the City did not have a legal requirement to advertise in the City's newspaper of record. SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 4 of 7 In response to a comment from Councilmember Turgeon, Ms. Klumpp clarified that she did not conduct reference checks until the finalists were selected. In response to another comment, Klumpp clarified that the target mailing would be done based on input from a variety of sources. Councilmember Turgeon stated the candidate must be a fit with the Council; she did not think it was important to ensure there was a fit with the community. Ms. Klumpp stated because the City was involved in two Joint Powers Agreements there could be a benefit to having candidates talk to other individuals in the community, but that was the Council's decision. With regard to Ms. Klumpp's interviews with department heads, Councilmember Turgeon recommended she interview them individually for a brief period of time (15 - 20 minutes ). - Councilmember Turgeon questioned if Council would be provided information about applicants that were not on the list of six candidates presented for consideration to interview (i.e., "would Council be able to review the B list of candidates"). Ms. Klumpp stated that was Council's decision, but that data was private data if the candidates were not named going forward. Councilmember Turgeon stated that Springsted committed to performing another executive search, if the new City Administrator voluntarily resigned or ~~as dismissed I:or cause during the. first year of employment. She then stated the other firms had either an 18-month or 2-year guarantee. She asked if Springsted would extend guarantee to eighteen months. Ms. Klumpp stated she would be willing to extend the guarantee to eighteen months. Councilmember Bailey asked Ms. Klumpp what she Thought the chief unique opportunities or challenges were for City. Ms, Klumpp stated the Joint Powers Agreements for public safety services was one, and the pressures for maintaining or reducing budgets. while increasing services was another. Bailey asked Ms. Klumpp if she was aware of the circumstances under which the previous City Administrator department. Ms. Klumpp stated she was aware there was an acceptance of his resignation, and she assumed that was requested but she did not lalow why. Bailey stated as the Council defines what it does and does not want in an administrator, it may be prudent for her to have an understanding of the reasons why the previous administrator was not a good fit for the Council. Klumpp stated people who apply for the positio~I wwould be aware oh the departure. The fact that the previous administrator had a long tenure was a benefit. She then stated it was important that a council focus on what they wanted in a new administrator. Bailey yuestioned if Ms. Klumpp had a "blank slate" would she recommend the City pursue a candidate with significant .management experience or a candidate that was early on in their management career. Klumpp stated she would like to present both types of candidates to Council. Bailey stated he had heard Ms. Klumpp use the word "I" a lot during her presentation. He questioned what additional resources h~Is. Klumpp had access to at Springsted for assistance on this effort. Ms. Klumpp clarified that she would be the lead consultant on the effort. She had an assistant that provided administrative support. She also had infrequently used the services of an individual who had previously been a city manager and was currently a teacher at Normandale Community College; she has used this individual to help conduct interviews and reference checks. In response to another question from Bailey, she stated Springsted had two other city administrator searches and one city engineer search active at this tune and she was primarily responsible for those efforts. She thought the schedule of events for the searches would not conflict with the City's search. Bailey questioned if Ms. Klumpp thought she already knew the person the City would ultimately hire. She thought she would probably be familiar with the person, but she may not know the person well. SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 5 of 7 Councilmember Wellens suggested that if there was any way to expedite the process he recommended that it be done; he stated he did not have much relevant experience to assess the timeline. Wellens recommended that Council agree with the type of personality it wanted. Councilmember Turgeon questioned the purpose of having an informal gathering where Council could meet the finalists in a social setting. Ms. Klumpp stated from her vantage point there was value in having the candidates have a brief opportunity to meet the Councilmembers prior to interviewing with them, and for the Council to observe them in an informal situation. Councilmember Turgeon suggested that gathering be conducted at City Hall. Mayor Lizee stated most of her questions had been answered. She their statcd she was impressed with the proposal provided, Ms. Klumpp's presentation of information in the proposal and her explanation of how she approaches an executive search. She was also impressed ~~~ith the tinicline presented, and the questions the Council had presented. She went on to state she thought it wasimpoi-tant to have a social gathering in order to observe the candidates in a social setting. She asked that .Acting Administrator Brown provide Ms, Klumpp with Councilmembers' contact information as soon as possible so Ms. Klumpp could schedule the interviews with them. Woodruff moved, Turgeon seconded, accepting the propos~il fi-omSpringsted, lucorporated to provide executive search services for the vacant position of Git~~ Administrator/Clerk. Councilmember Turgeon asked if she could place a condition of acceptance on the motion such that the length of guarantee was changed from one year to eighteen months. Couiicilincmber Woodruff stated that could be addressed in a cover letter to the proposal. Councilmember Bailey stated that. with all due respect he thought it ~~~as appropriate for Ms. Klumpp to depart the meeting so Council could discuss the proposal. Councilmember Woodruff stated it was an open meeting so she was entitled to sta}~. Ms. Klumpp departed the meeting. Councilmember Bailey assumed that if the motion was passed this evening Ms. Klumpp could start the process sooner. Councilmember Bailey asked nctialg .Administrator Brown to highlight the strengths Springsted demonstrated over the other two firms. Acting tld,ministrator Brown statcd that the information provided by Springsted was complete and addressed the questions asked. Lynn and Associates had not provided information on time nor had it provided a hard copy of the proposal. Councilmember Turgeon had provided a list of questions to be answered, and Springsted was the only firm that addressed them. He stated if a consultant did not supply the information requested, it often indicated that the firm was over committed. He stated he thought that Ms. Klumpp knew the pool of potential city administrator candidates well. Councilmember Bailey stated he was surprised by the limited resources at Springsted. Acting Administrator Brown stated Springsted provided a great deal of financial services to the public sector; therefore Springsted had a strong understanding of potential candidates. Councilmember Turgeon questioned if it was important to have a firm whose strengths resided with the public sector. She stated Personnel Decisions International had a broader range of exposure, and she questioned if that would not be important. She also stated in the PDI proposal it stated they would provide an "A List" and a "B List" of candidates; she did not want to be limited in the number of candidates considered. SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 6 of 7 Councilmember Wellens stated the other two firms focused on interviewing a broader range of internal and community people; Springsted was more focused on the Council. Also, Springsted promised not to recruit a person it placed at the City which the other two firms had not done. Councilmember Turgeon stated the other companies stated it differently. Motion passed 5/0. Councilmember Wellens requested that Acting Administrator Brown distribute information on the Meyers-Briggs assessment for Council to review. Councilmember Bailey stated from his vantage point he thought it «as eery important to have the candidates do a personality profile assessment. Councilmember Woodru f'f stated he agreed with Bailey. Councilmember Woodruff stated the selection of a City Administrator was a long-term decision; therefore, Council should select a candidate based on what it thought the personality traits were that a candidate should have and not be based on what personalit}~ traits that would work best with the current Councilmembers. Councilmember Bailey stated Ms. Klumpp should describe to Council what the personality tests indicated, and then Council should decide if that was consistent with what it thought was needed. Bailey then stated with regard to the cost', he could not imagine spending more on the profile tests more than what was appropriate. 3. INTERIM ADMINISTRATOR POSITION Mayor Lizee questioned what the Councilmembers' perspectives were oi~ the need for an interim City Administrator now that they had an idea of a tentative timeline for hiring a permanent City Administrator. Acting Administrator Brown claritied that he asked this item be added to the agenda because Council had decided to delay the decision regarding the need for an interim City Administrator until an executive search firm was selected and a tentative timetable was presented. He stated he had received applications from a number of qualiCicd applicants (some of which.wcre interested in the permanent position). He then stated a number of the applicants were retired administrators who could not work more than 32 hours per weep (including ct~ening meetings) because of PERA restrictions. Retired administrators who wanted to take advantage of their PZR~ rct>lement benefits were restricted by PE1ZA to working no more than 32 :hours per week. hIe ~-vent oii to state Staff would have to assume some of the interim Administrator`s responsibilitiesbccausc of the abbreviated work schedule of an Interim Administrator. Councilmember Turgeon stated she could support Acting Administrator Brown remaining in that capacity until a permanent City Administrator was on site based on the timeline presented. She recommended the applications that were received from individuals interested in the permanent position be forwarded to Ms. Klumpp. Councilmember Woodruff stated he was comfortable with Acting Administrator Brown remaining in that capacity. There was Council consensus to have Acting Administrator Brown remain in that position until a permanent City Administrator was on-site. 4. OTHER None. 5. ADJOURN SHOREWOOD CITY COUNCIL SPECIAL MEETING March 17, 2008 Page 7 of 7 Woodruff moved, Turgeon seconded, Adjourning the City Council Special Meeting of March 17, 2008, at 8:30 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Lawrence A. Brown, Acting City Administrator/Clerk PAYABLES APPROVALS For 03/24/2008 Council Meeting Prepared by: ~~ .. ` _ V ~ ,~ Date: Michelle T. (Nguyen, r. Accounting Clerk ~ T -- ` Reviewed by: ~ ` ~~` Date: ~. ~ ~ "; Bonnie Burton, Finance Director f, Approved by: ' ~°,E . ~..~ ~ _ ~_ Date: , ~' ~~ ``~ rry Brown, Acting City Administrator ~~ PAYROLL APPROVALS For 03/24/2008 Council Meeting Prepared "y: ~ _~ _ ~~% Date: Michelle T. Nguy:~~n,=Sr. Accounting Clerk ,'' a ~ ~ ~ /` Reviewed by: ~-~ ~~~- ,~~~ ~ ~... Date: ~ ~~- _ Bonnie: Burton, Finance Director ;. ~.~ Approved by: % < < <.~ ~~ Date: ~~ ~~ rry Brown, Acting City Administrator ~~ 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 DATE: March 19, 2008 TO: Mayor and City Council Members FROM: Jean Panchyshyn, Deputy Clerk ~~' ~` RE: 2008 Licenses For Council information, one additional Garbage Hauler has applied for a Rolloff Service license and four Lawn Fertilizer companies have applied for the Commercial Lawn Fertilizer License. All license materials have been received at the City and reviewed for completeness. As all license fees and requirements have been met, a license has been issued to the Licensee listed. City of Shorewood - 2008 License Approvals City License No. Licensee Address City GARBAGE HAULER LICENSES 08-39 Blackowiak & Son, Inc. 1195 Sunnyfield Rd. N Mound, MN Rolloff Scrvicc COMMERCIAL LAWN FERTIL[ZEN LICENSES 08-41 Tru Green Chemlawn 6010 Cullman Way Minnetonka 08-42 Professional Turf, Inc. 7780 21St St. W. Lakeville 08-43 Guaranteed Spray Inc. 7605 Equitable Dr. #100 Eden Prairie 08-44 Davey Tree Expert Company 1500 N Mantua St. Kent, OH P.O. Box 5193 r IA ~ ~~ ~®p®PRINTED ON RECYCLED PAPER MEMORANDUM C'T 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 TO: Mayor and City Council Larry Brown, P.E., Director of Public Works, Acting Administrator FROM: James Landini, P.E., City Engineer =~- DATE: March 19, 2008 RE: Authorize Street Sweeping Agreement for Lift Station 12 Permit The Rehabilitation of Lift Station 12 requires a permit from the Minnehaha Creek Watershed District. A condition of the permit is to incorporate a Best Management Practice (BMP) into the project. The street sweeping BMP was chosen to meet the permit requirements. Street sweeping was chosen because the City does not own the land in fee title around the lift station and that ownership situation limited our BMP options. Christmas Lake Point is a private road. The City of Shorewood has an utility easement over the road. This is a unique situation to street sweep a private road. It is the only private road in Shorewood that has a lift station with a utility easement. The street sweeping of this private street is a permit requirement. City Public Works crew and equipment would perform the work. This work is budgeted in the General Fund under Streets & Roadways. Recommendation Staff recommends that the City Council approve a motion authorizing the street sweeping agreement as shown in attaclunent 1. .s t • PRINTED ON RECYCLED PAPER ..,, ®M AGREEMENT For Street Sweeping Between the Minnehaha Creek Watershed District and the City of Shorewood This Agreement is made by and between the Minnehaha Creek Watershed District ("MCWD"), a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 1036 and 103D, and the City of Shorewood ("City"), a statutory city of the State of Minnesota, for the purpose of the City's compliance with MCWD Permit 07-368. Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes ~103D.345, the MCWD has adopted and implements Rule N, Stormwater Management; WHEREAS Rule N imposes certain requirements, which the City will meet in this case by sweeping and removing sediment and debris from the street specified in Exhibit A, which is hereby incorporated into this Agreement; WHEREAS the street subject to the maintenance obligation of the City is not owned by the City or otherwise public property, but the City has proposed to assume this obligation and pursuant thereto the City will use its best efforts to obtain and maintain access to the subject street; WHEREAS in accordance with Rule N and as a condition of Permit 07-368, the City's obligation to sweep and remove sediment and debris from street must be memorialized by a maintenance agreement establishing the City's perpetual maintenance obligation; WHEREAS the City and the MCWD execute this Agreement to fulfill the condition of Permit 07-368, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. The City, at its cost, will twice annually, including once after leaf fall each autumn, sweep and remove sediment and debris from the street specified in Exhibit A. The 1 of 2 Attachment #1 parties acknowledge that the City does not own the street and the City's obligation to sweep the street pursuant to this agreement is subject to the City maintaining access to the private street from the owners thereof. 2. The City will submit to the MCWD annually a brief written report that describes maintenance activities performed under this Agreement, including dates, locations and results of inspections and activities performed. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By President, Board of Managers __ Date: APPROVED AS TO FORM and EXECUTION BY ----------------------------------- Date: Its Attorney CITY OF SHOREWOOD BY~------------------------------- Date: 2 of 2 Christmas Lake Point Feet Street Sweeping Exhibit 0 180 360 720 Exhibit A N W ¢>~ E ~~ s C°I'~' 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 Larry Brown, Director of Public Works, Acting City Administrator FROM: James Landini, City Engineer ,,. ~o DATE: March 20, 2008 RE: A Resolution Accepting Low Estimate and Awarding Contract to the Successful Low Estimater Attachment 1 is the Estimate Tabulation for the well abandonment portion of the 2008 Woodhaven Well Demolition Project which were opened and tabulated on March 19, 2008. The specifications were sent to four firms, inviting them to quote the project. The low estimater is Keys Well Drilling Company in the amount of $11,705.00. These estimates are based on historical well log information. The physical inspection of the well is part of the abandonment process as required by State Law. Every estimate collected included a wanling that physical conditions, identified during the inspection, could increase or decrease actual project costs. This project will be funded by the Water Enterprise Budget. $18,000 was budgeted to complete this demolition project in the 2008 budget. Recommendation Staff recommends awarding the contract for the well abandonment portion of the 2008 Woodhaven Well Demolition Project to Keys Well Drilling Company for $11,705.00. A resolution is attached for your consideration. .m ,/®~® PRINTED ON RECYCLED PAPER City of Shorewood Estimate Tabulation Woodhaven Well Abandonement Project City Project No. 08-01 Estimates Opened: March 19, 2008, 10:00 A.M. City of Shorewood Engineer: James Landini No Quoter Quote 1 Keys Well Drilling Company $11,705.00 2 Bergerson-Caswell, Inc. $13,160.00 3 Thein Well $13,170.00 4 E.H. Renner & Sons, Inc. $15,176.00 5 6 7 8 9 10 11 12 13 14 15 Attachment #1 \~ 1~i O F-d o O W '~-~ w ~i W o ~ ~,.~ r ^ V1 O ~ 1-~ 1- p-`I C~ ~ ~ „~ 3 ~~Qc W "! °a o~ c 3`)(112! rJ Q yida o o C a ~ u- z or ® O ¢ G~ w ~ ~ w a !~ o a =4,~' l4 N~ ~ y~ ~ b v~ ~~~ ~~,~ / nd'~Jb z ~ ~d ~d o m ~ 'C]Al8 J a m o sv is o ^ A`S`E'( CS. d( c~n `~ O ON WPY •E -- \ 'b'l ¢~ o NC J Z O Q Z J = ~ ~ ~' ~ ~ ~ c S ~~ P ONI21tlH ~ ~~~~ ~ L ~; o -~ _ oe ~ d, _ b 3> b ~~ ~ r p ~ r J2 MOCIVHS~ < ~ - - a - O _ v a J ~ ! p~' J 4 ~L~ Z W m w x 'OZ ~ Q~a~ w W Q J = ~- N ~ ~ O O ~~ oU'6t NczcL = ~`~ -¢. W U ~J O '~ ti~ \j' a N ~VfLI 2PJ0 a G~ ~ ~~ ~~v ~ j z 3 R~ NGN yiZ v S ~ o Ua ~ o J . ~ ooY ; 2 ~0~ ~ f, I o o N P~'~ ~ M > "~ ~ ~ as ~~ ~ ~OOl3W . ~ ~ N U ~ aala°NiwwnH L o w ~ ~oa W ~-nH ~,v~, °p? w3' I ~ J ~~~~_ ,' ~ C" Q Z 1,' ~ ~ `~' d,`3F~0o ~ v ~` ~i ~ a } ~ J Fr O m w i o .~ {~ a~ ~s Z ` ~- ~' -s~- t ~ _ x' _ _ CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION ACCEPTING ESTIMATES AND AWARDING CONTRACT FOR WELL ABANDONMENT PORTION OF THE 2008 WOODHAVEN WELL DEMOLITION PROJECT WHEREAS, pursuant to a request for quotes for local improvements designated as 2008 Woodhaven Well Demolition Project, City Project Nos. 08-01, estimates were received and opened on March 19, 2008; and WHEREAS, the City Council has determined that Keys Well Drilling Company is the lowest estimater in compliance with the specifications. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk are hereby authorized and directed to enter into a contract for $11,705.00 with Keys Well Drilling Company, in the name of the City of Shorewood, Project Nos. 08-01 according to the plans and specifications on file in the office of the City Administrator/Clerk. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of March, 2008. ATTEST: Christine Lizee, Mayor Lawrence Brown, Acting City Administrator/Clerk MEMORANDUM I`I" 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 TO: Mayor and City Council Larry Brown, Director of Public Works, Acting Administrator FROM: James Landini, City Engineer DATE: March 19, 2008 RE: Draft Comprehensive Water Resource Management Plan This Water Resource Management Plan update is required by the Minnesota State Statute 103B.235. The City of Shorewood's Comprehensive Water Resource Management Plan update is due September 1, 2008. On January 28, 2008 and March 10, 2008 the City Council reviewed sections of the Comprehensive Water Resource Management Plan at work sessions. The Draft Comprehensive Water Resource Management Plan has incorporated Council's comments and the Draft Plan is ready to be forwarded to the appropriate agencies that will review and comment on the plan. The appropriate agencies are expected to use the entire 60 day period for review. The Council may also use the 60 day review period for additional comments. Attachment 1 is the draft of our plan that will be submitted to the appropriate agencies for review. There will be some modifications to the plan as a result of the comment period. Those modifications maybe implemented for the Final Draft. The Final Draft will also have a review and comment period before submittal to the Metropolitan Council for the September deadline. Recommendation Staff recommends approval of a motion that accepts the Draft Comprehensive Water Resource Management Plan and authorizes distribution of the Draft Plan to appropriate agencies for review and comment. ~~ ~®«® PRINTED ON RECYCLED PAPER Full Draft Copy available for review at City Hall 5755 Country Club Rd. Shorewood, MN during business hours. COMPREHENSIVE WATER RESOURCE MANAGEMENT PLAN FOR THE CITY OF SHOREWOOD, MINNESOTA WSB Project No. '1459-23 DRAFT March 2008 PREPARED BY City of Shorewood WSB & Associates, Inc. 5755 Country Club Road 701 Xenia Avenue -Suite 300 City of Shorewood, MN 55331 Minneapolis, MN 55416 (952) 474-3236 {763} 541-4800 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Steven G. Gurney, PE Reg. No. 40497 James Landini, PE Reg. No, Attachment #1 (ILY OF SHOREWOOD MEMORANDUM 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 TO: Mayor and City Council FROM: Larry Brown, Acting City DATE: March 20, 2008 Administrator RE: Council Liaisons to the Park Commission for 2008 At the first meeting of the year, Council adopted Resolution No. 08-004 making appointments to certain offices and positions within the city. With the recent appointment of Jeffery Bailey to Ward 3 City Council, the following change is recommended for the Council liaisons to the Park Commission for the remainder of 2008: Meeting Month Council Liaison Apri12008 Martin Wellens May through August 2008 Jeffery Bailey September through December 2008 Martin Wellens Council Action Approval of a motion amending Resolution No. 08-004 to appoint the Council liaisons to the Park Commission as noted above. __~ ~~ -~ .~ j®r® PRINTED ON RECYCLED PAPER 'I' 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 20, 2008 RE: Accept Agreement for Executive Search Services, Springsted, Inc. On March 17th, 2008, the City Council interviewed Ms. Sharon Klumpp, Vice President for Springsted, Incorporated and passed motion to accept the proposal provided for executive search services for the position of City Administrator. Exhibit A is the agreement for said services. As outlined in the agreement and consistent with the original proposal, the costs for the search services shall be $15,960 in addition to reimbursement of expenses. The proposal estimates expenses at $3,075. As part of the approval, the City Council requested that the proposal be modified to reflect a revised time period fro the warranty clause for services to an eighteen month period, versus twelve months. That change has made in the agreement. In the interest of time, staff has placed this on the agenda for consideration by the City Council, pending any comments from City Attorney Keane. Recommendation Staff is recommending approval of the attached agreement, as shown in Exhibit A, pending any comments from the City Attorney. .m ~. r® PRINTED ON RECYCLED PAPER AGREEMENT FOR ORGANIZATIONAL MANAGEMENT AND HUMAN RESOURCES CONSULTING SERVICES THIS AGREEMENT is made as of the 24th day of March 2008, by and between the City of Shorewood, Minnesota ("Client") and Springsted Incorporated ("Consultant"). WHEREAS, the Client wishes to retain the services of the Consultant on the terms and conditions set forth herein, and the Consultant wishes to provide such services; NOW, THEREFORE, the parties hereto agree as follows: 1. Services. Consultant shall provide executive search services in the recruitment and selection of a City Administrator for the Client. The scope of services to be provided is set forth in the March 13, 2008 proposal which is hereby attached and made a part of this agreement. 2. Compensation. The Client shall compensate the Consultant for these services at a professional fee of $15,960 and reimburse the Consultant for all out-of-pocket expenses incurred as part of this search, as set forth in the March 13, 2008 proposal. 3. Term and Termination. This Agreement shall commence as of the date hereof, and shall continue until terminated by either party by written notice given at least 60 days before the effective date of such termination, provided that no such termination shall affect or terminate the rights and obligations of each of the parties hereto with respect to any project, whether or not complete, for which the Consultant has provided services prior to the date that it received such notice. 4. Indemnification; Sole Remedy. The Client and the Consultant each hereby agree to indemnify and hold the other harmless from and against any and all losses, claims, damages, expenses, including without limitation, reasonable attorney's fees, costs, liabilities, demands and cause of action (collectively referred to herein as "Damages") which the other may suffer or be subjected to as a consequence of any act, error or omission of the indemnifying party in connection with the performance or nonperformance of its obligations hereunder, less any payment for damages made to the indemnified party by a third party. Notwithstanding the foregoing, no party hereto shall be liable to the other for Damages suffered by the other to the extent that those Damages are the consequence of; (a) events or conditions beyond the control of the indemnifying party, including without limitation changes in economic conditions; (b) actions of the indemnifying party which were reasonable based on facts and circumstances existing at the time and known to the indemnifying party at the time the service was provided; or (c) errors made by the indemnifying party due to its reliance on facts and materials provided to the indemnifying party by the indemnified party. Whenever the Client or the Consultant becomes aware of a claim with respect to which it may be entitled to indemnification hereunder, it shall promptly advise the other in writing of the nature of the claim. If the claim arises from a claim made against the indemnified party by a third party, the indemnifying party shall have the right, at its expense, to contest any such claim, to assume the defense thereof, to employ legal counsel in connection therewith, and to compromise or settle the same, provided that any compromise or settlement by the indemnifying party of such claim shall be deemed an admission of liability hereunder. The remedies set forth in this paragraph shall be the sole remedies available to either party against the other in connection with any Damages suffered by it. 5. Confidentiality Disclosure of Information. 5.1 Client Information. All information, files, records, memoranda and other data of the Client which the Client provides to the Consultant or which the Consultant becomes aware of in the performance of its duties hereunder ("Client Information") shall be deemed by the parties to be the property of the Client. The Consultant may disclose the Client Information to third parties in connection with the performance by it of its duties hereunder. Page 1 EXHIBIT A 5.2 Consultant Information. The Client acknowledges that in connection with the performance by the Consultant of its duties hereunder, the Client may become aware of internal files, records, memoranda and other data, including without limitation computer programs of the Consultant ("Consultant Information"). The Client acknowledges that all Consultant Information, except reports prepared by the Consultant for the Client, is confidential and proprietary to the Consultant, and agrees that the Client will not, directly or indirectly, disclose the same or any part thereof to any person or entity except upon the express written consent of the Consultant. 6. Miscellaneous. 6.1 Delegation of Duties, The Consultant shall not delegate its duties hereunder to any third party without the express written consent of the Client. 6.2 No Third Party Beneficiary. No third party shall have any rights or remedies under this Agreement. 6.3 Entire Contract Amendment. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior written or oral negotiations, understandings or agreements with respect hereto. This Agreement may be amended in whole or in part by mutual consent of the parties, and this Agreement shall not preclude the Client and the Consultant from entering into separate agreements for other projects. 6,4 Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 6,5 Severability. To the extent any provision of this Agreement shall be determined invalid or unenforceable, the invalid or unenforceable portion shall be deleted from this Agreement, and the validity and enforceability of the remainder shall be unaffected. 6,6 Notice. All notices required hereunder shall be in writing and shall be deemed to have been given when delivered, transmitted by first class, registered or certified mail, postage prepaid and addressed as follows: If to the Client: If to the Consultant, to: Springsted Incorporated 380 Jackson Street Suite 300 St, Paul, MN 55101-2887 Attention: Managing Principal The foregoing Agreement is hereby entered into on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated Name Christine ~izee Ms. Sharon Klumpp Title Mayor Vice President/Consultant» Page 2 ATTACHMENT A ~~_ ~- ~_ ^3., v -'~ ~~ . ~H_ ,- ~- --: r. ~ Y j _ Proposal. City of Shorewood, Minnesota Proposal to Provide Executive Search Services March 13, 2008 Modified on March 17, 2008 ,. ~~-:. Page 3 Table of Contents LETTER OF TRANSMITTAL 1 FIRM EXPERIENCE .....................................................................................1 History and Leadership ..................................................... ................................1 General Statement of Executive Search Experience ........ ................................1 References ....................................................................... ................................2 2 PHILOSOPHY AND APPROACH ............................... .................................3 Consulting Experience ..................................................... .................................4 3 SERVICES OFFERED ................................................. .................................6 Executive Search Process Overview ............................... .................................6 Project Approach and Methodology ................................ .................................7 Phase I; Position Analysis and Profile Development .................................7 Phase II. Recruitment and Screening of Candidates . .................................8 Phase III; Evaluation of Candidates ........................... .................................9 Phase IV: Candidate Selection and Negotiation ........... ...............................11 Post Selection Services .................................................... ...............................11 4 SCHEDULE ................................................................. ...............................12 Tentative Timeline ........................................................... ...............................12 5 COSTS ........................................................................................................13 Out-of-Pocket Expenses .................................................. ...............................13 Additional Work .............................................................. ................................13 Mission Statement Springsted provides high quality, independent financial and management advisory services to public and non-profit organizations, and works with them in the long-term process of building their communities on a fiscally sound and well-managed basis, Springsted Incorporated 380 Jackson Street, Suite 300 _~ Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springstetl.com LETTER OF TRANSMITTAL March 13, 2008 Mr. Larry Brown, Acting City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Request for Proposal to Provide Executive Search Services Dear Mr. Brown: On behalf of Springsted Incorporated, I am pleased to present this proposal to assist the City of Shorewood in hiring a new City Administrator. We understand that hiring a City Administrator is among the most important decisions a City Council makes. Springsted is committed to providing the City Council with a thorough, yet concise profile of each position finalist and guiding the City Council through the steps of the selection process. In short, our goal is to provide the City Council with the best information available to make an informed hiring decision. Because many of Springsted's staff have experience as local government practitioners, we are uniquely qualified to help you identify individuals with the professional experience and training that will help the City achieve its goals. Our services focus on recruiting highly regarded administrator candidates and providing the City with a thorough assessment of each candidate's qualifications, including our first hand working knowledge of many of the candidates. Springsted specializes in public sector recruitment, which assures the City of our knowledge of professionals working in government management positions and our ability to evaluate candidates based on relevant skills and abilities. Our experience also includes non-profit recruitments . Please contact us if you have any questions about our proposal and scope of services. We welcome the opportunity to work with the City Council to fill this very important position. Respectfully submitted, ,- .,, Sharon G. Klumpp, Vice Presidei>t,~,_ f Consultant mas Firm 1. Firm Experience History and Leadership Springsted is one of the largest and most established independent public sector advisory firms in the United States. For over half a cenhiry, we have continually grown in the range of our client relationships, the comprehensiveness of our services and our prominence within the industry. Our managed growth is focused on providing clients with a balance of national perspective and local expertise. Springsted is a women-owned business and is certified as a Women's Business Enterprise ("WBE") by the City of Saint Paul, Minnesota. Three employee- owners lead Springsted. Our headquarters are located in Saint Paul, Minnesota, with additional offices located close to our clients throughout the Midwest, in the mid-Atlantic states, and in the Southwest. Specifically, our regional offices include Milwaukee, Wisconsin; Des Moines, Iowa; Kansas City, Missouri; Richmond and C1lesapeake, Virginia; Denver, Colorado; and Raleigh, North Carolina. Minnesota has been Springsted's home since our inception. The growth and success of Minnesota communities forms the foundation of our achievements. Our long term partnership with Minnesota local governments has led to our prominence as a financial advisor, as well as to the expansion of our services to cover all organizational and management areas. Springsted's future is based on an ongoing commitment to serve all Minnesota communities. General Statement of As management consultants, Springsted plays an important role in helping Executive Search Experience clients address their organizational and management needs. Extensive knowledge and background in the fields of pubic management, municipal finance, human resource management and local government operations are Springsted hallmarks. Each team member has many years of local government experience in a variety of areas of expertise. This familiarity with the public sector helps us respond to the unique qualities of each local government client, thus improving the quality and relevance of o~rr services. Because Springsted's management consulting practice serves many cities and counties across the country, we can provide the City of Shorewood with an unsurpassed understanding of the issues and opportunities facing the City today and into the filture. Springsted has assisted local governments in the recruitment and selection of administrators and department heads for many years. Because several members of our staff have previous experience as city administrators, many local governments have sought our assistance in developing selection processes and making hiring decisions. The services we provide reflect our familiarity with the Minnesota local government issues and our knowledge of the pool of qualified candidates in the Upper Midwest. Firm In Minnesota, we have been involved in the following searches: • City of Brooklyn Park (2008 - City Manager) • City of Oak Grove (2007 -City Administrator) • City of Grand Rapids (2007 -City Administrator) • City of East Grand Forks (2006 -City Administrator) • City of Madelia (2006 -City Administrator) • City of Wyoming (2006 -City Administrator) • New Scandia (2006 -Township Administrator) • City of Coon Rapids (2006 -City Manager) • City of Dayton (2005 -City Administrator) • City of Fairmont (2007 Finance Director) • City of Shorewood (2006 -City Engineer) • City of Minneapolis (2006 -Director of Public Works) City of Minneapolis Parks Board (2006 -Administrative Services Director) • Ironworld Development Corporation (2006 -Executive Director) • City of Eagan (2005 -Director of Parks and Recreation) City of Northfield (2007 -Economic Development Manager) • City of Brooklyn Center (2007 -Assistant to the City Manager) • City of Saint Paul (2007 -Fire Chief) References City of Oak Grove, Minnesota Mr. Jim Iund, Mayor 763.783.3800 City of Dayton, Minnesota Mr. Doug Anderson, Mayor 763.427.4589 City of Brooklyn Center, Minnesota Ms. Kelli Wick, Hnman Resources Director 763.569.300 City of Grand Rapids, Minnesota Mr. Jim Millis, Mayor 218.326.7600 City of East Grand Forks, Minnesota Mr. Richard Grassel, Co>-mcil Member 218.773.9326 City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Philosophy and Approach s 2. Philosophy and Approach Springsted believes that hiring a city administrator is one of the most important decisions that a City CoLmcil makes - a decision that will significantly shape the City's firture. We help governing bodies make successful hiring decisions by providing thorough profiles and background information on candidates and involving Council members in the hiring process. Springsted provides thorough yet concise profiles on each candidate, a background records check and information from references. We work with the City Council, first with individual Council members getting their input in the qualifications desired in the next City Administrator, and then collectively, to produce a profile that represents the City Council's expectations for the next City Administrator. Our role in the search is to bring qualified candidates to the City, any of whom could serve as the next City Administrator, and to assist the City Council in determining the candidate who provides the best "fit" for the City. Springsted emphasizes the importance of each Council member's involvement in the final selection decision and assists the Council in arriving at a consensus decision in selecting a new City Administrator. The selection decision is first and foremost a Co~mcil decision. Our selection process provides a proven approach to assist the City Council in making this decision. From the applicant/candidate perspective, Springsted is the City's ambassador. We tell the City's unique story and explain the professional opportunities and challenges that Shorewood offers. Springsted takes seriously its responsibility to acknowledge each application received in a timely manner, recognizing that good communication throughout the process reflects positively on the City. Similarly, we are responsive to candidate requests for information about the City and the selection process while ensuring a level playing field for all. We ensure the confidentiality of each candidate until such time as the names of finalists become public. Overall, our goal is simply to provide the City Council with a process to determine the candidate who provides the best "fit" for the City while ensuring that candidates have the opportunity to see how their experience and background would be a fit with the City, if offered the position. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Philosophy and Approach a Consulting Experience Our staff's breadth of experience and depth of expertise are two of our most important characteristics in providing high-quality service to clients. Many of our staff have backgrounds in municipal and county government, education, or with development firms and non-profit organizations, so they share our clients' perspectives in developing solutions. Sharon G. Klumpp, Vice President and Consultant, will serve as the project consultant for the City of Shorewood. Ms. Klumpp specializes in organizational management and executive recruitment. She has over 25 years of local government management experience in municipal government in Minnesota and Michigan. She earned her master's degree in public administration from the University of Kansas. Her full resume is included on the next page. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Philosophy and Approach __. 5 Sharon G. Klumpp Sharon Klumpp is an organization and management consultant, specializing in Vice President organizational and departmental studies, human resource management and COnSUlfanf executive search for public agencies. She also assists governing bodies and senior-level managers in the development, execution and evaluation of strategic plans. Ms. Klumpp has extensive experience in serving government. She has served as Executive Director of the Metropolitan Council, aseven-county regional planning agency for the Twin Cities, and as Associate Executive Director for the League of Minnesota Cities. Her experience also includes serving as City Administrator in Oakdale, Minnesota and as Assistant City Manager in both St. Louis Park, Minnesota and Saginaw, Michigan. Her private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm. Ms. Klumpp serves as an adjunct faculty member at Walden University, where she teaches public administration and organizational change in the University's School of Management. She is chair of the Ramsey County Charter Commission. Education University of Kansas, Lawrence, Kansas Masters of Public Administration Miami University, Oxford, Ohio Bachelor of Arts in Political Science Affiliations International City/County Management Association International Public Management Association for Human Resources City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Services Offered 3. Services Offered - I~EVE~ot' POSITION ,'ANALYSIS AND CITY PROFILE R ,ir~~ ~,:~arch process with the City Council, including: - Project timetable -Recruitment strategy - Employlllent parameters Create Position Profile and recrt.litll~cnt brochure ® Position Profile ~tnd recruitment brochure approved by the City Council Executive Search Process Overview City of Shorewood, Minnesota I~ECI~uIT ~aND SCREEN ~;ANDID~~1"!~5 Actively ret;ruit candidates Place advertisements in professional journals; newspapors and Web sites ® Screen applications, based on Position Profile criteria ~ C;OndUCt 5Creening interviews via telephone Give periodic updates to the City Council E°vf~l_t~lA°l~r ~;nN~aluATrs ~~ Present recontntonded candidates and their qualifications to the City Council ~6 Clty Council designates finalists Conduct reference ch;ck~,; background records checks on tlndilSfS ~a Present ~.vritten acidendurn on c=:ach candidate to the City Council City interview process SELECT CANDIDATE Assist in employlltenf negotiations with st.u;cessful candidate, as regrlested Keep other finalists informed of the status of the selection phases ~~ Contact all finalists alt thB Coi1CiUS1011 of the process City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Offered Project Approach The preceding graphic outlines the executive search process proposed by and Methodology Springsted. It reflects a thorough and comprehensive approach to recruitment and selection, tailored to the specific needs of the City. We recognize that the City may want to make some adjustments to this process and timetable following its review of Springsted's proposal. We will work with the City to make any requested modifications. Phase I: Position Analysis Springsted will begin this process by meeting with the Shorewood City and Profile Development Council. This initial meeting provides an opportunity to establish working relationships, review and refine the steps and timetables of the selection process, and identify how coordination between the City and the consultant team will be accomplished. It also gives City Co~mcil Members a chance to share their thoughts regarding the scope of the consultant's recruitment efforts and the salary and benefit parameters established for the City Administrator position. At this initial meeting, the Springsted consultant team will request copies of City documents related to the City Administrator position including the existing position description and the City's current organizational chart, which will be used in defining the position. Soliciti~ Input,~or the Position Pro rle Input from the City Council -Development of the Position Profile gives the City Cotmcil an opportunity to define current and future City needs and to identify the corresponding experience, skill sets, core competencies and qualifications Council Members desire in the next City Administrator. The Springsted consultant team will meet with each Council Member to discuss individual perspectives on preferred candidate background and experience and the general search process. Council Members will also be asked to provide their comments on what they see as the City's ongoing needs and expectations and firture issues in which the City Administrator is likely to be involved. Input fi°om City staff - Springsted's executive search process includes obtaining input from department heads and others who report directly to the City Administrator. This input provides the City Council with a wider perspective of the various roles played by the chief administrative officer, providing a comprehensive picture of the position. This information is slnnmarized and provided to the City Council for its consideration as it establishes the qualifications for the next City Administrator. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Services Offered Creating the Position Profile Springsted will review and summarize the information collected relating to the City Administrator position. The consultant team will then prepare a Position Profile, including job criteria, desired qualifications, core competencies and salary and benefit information. Springsted will also provide comparative salary and benefit information to assist the City Council in setting employment parameters. The Position Profile will be used as a recruitment tool that conveys the relevant background and experience desired by the City Council in its next City Administrator . Additionally, the Position Profile will tell the community's story to prospective candidates, identifying Shorewood's history, its distinct features, and its amenities. The Position Profile will be submitted to the City Council for final review, comment, and approval. Sta~f'Assistance Needed Assistance from City staff during Phase I will include: • Obtaining copies of City documents including the job description, current pay range, if already established, and information on the City's benefit program • Scheduling meetings with City Council members and others identified by the City Council to provide input into the Position Profile • Obtaining information and photos for the Position Profile. Springsted will work closely with a designated City staff member to incorporate information about the City of Shorewood and the community into the Position Profile. • Identifying materials such as the City's most recent annual report, budget, strategic plan, zoning map, etc. that will be provided to finalists as background information later in the process • Providing information on City policies and procedures that may be relevant to this project. Phase II: Recruitment Springsted will actively seek qualified candidates on the City's behalfthrough and Screening of Candidates personal contacts, professional networks, publications, direct mailings, and Web sites to produce a qualified pool of candidates. Recruiting Candidates Personal Contacts with Prospective Candidates -Based on our recent contacts and our database, Springsted will identify and actively seek individuals who meet or exceed the City's desired qualifications and encourage those individuals to apply for the position. Springsted works for over 600 municipal clients in the Midwest and we have first-hand working experience with many of the city managers and administrators in this region. Personal contacts and direct mailings will be used to recruit prospective candidates. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Services Offered Direct mailings will be prepared using information from Springsted's database and mailing lists obtained from professional associations. Although the position will be publicly advertised, many of the most qualified applicants may not respond to a public announcement. Our knowledge of qualified candidates will assist in the recruitment process because these candidates will often submit applications, if invited. Springsted's reputation among local government officials for handling searches professionally, discreetly and confidentially removes a potential barrier to recruiting prospective candidates who currently enjoy good employment situations. Targeted Advertisements -Springsted will coordinate the placement of position advertisements in the following .locations in accordance with direction from the City Council on the desired scope of its recruitment efforts: • The City's Web site • State professional journals and Web sites, including the League of Minnesota Cities and league web sites in neighboring states • Other publications and Web sites consistent with the City's hiring policies or procedures or otherwise requested by the City • Springsted.com Screening Candidates Springsted will receive and acknowledge all applications for the City Administrator position. Each application. will be screened when it is received based on the criteria contained in the Position Profile. Periodic updates will be provided to the City. Sta,~fAssistance Needed Assistance from City staff during Phase II will include: • Receiving updates on the process • Responding to questions from the consultant Phase III: Evaluation of Springsted will conduct screening interview with up to ten (10) applicants Candidates whose qualifications most closely match the criteria established by the City. We will interview each of these applicants to verify and expand on the written data they have provided and to ensure the candidates' real and continuing interest in the position. Springsted will conduct preliminary reference checks and make additional inquiries about candidate qualifications from independent reference sources as appropriate. Finally, we will conduct an Internet search to learn about the communities where the applicants have been employed and some of the issues in which they have been involved. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Services Offered 10 Based on our analysis and a review of these applicants, Springsted will summarize the qualifications of up to six candidates and forward this information to the City Council for its consideration. Springsted will meet with the City Council to present and discuss the recommendations, provide background information and assist the City Council in determining those candidates best qualified to continue in the City Administrator search process. Evaluation of Finalists Once the list of finalists is approved by the City Council, Springsted will conduct reference checks for each candidate. After completion of the reference checks, a written report on each finalist will be prepared and presented to the City Council including an assessment of the candidate's experience and background as it relates to the Position Profile, reference comments, and other pertinent background information. Springsted retains amanagement/investigative service to verify educational credentials and conduct a criminal records check based on the candidate's counties of residence and a credit check. This approach provides the City with a thorough review of each candidate's background prior to final interviews. If requested by the City, Springsted will arrange for each candidate to complete an on-line management assessment to that will provide the City with information about each candidate's management style, how they interact with others, and how they handle conflict.. Interviewing Finalists Springsted will coordinate the design of the interview process with the City Colmcil and designated City staff. We will suggest interview procedures and develop interview questions with input from the City Council. We will provide the City Council with a tool to assist members in evaluating the qualifications of each finalist against the position criteria and competencies identified in the Position Profile. Springsted will also be responsible for coordinating the scheduling of finalists for interviews. A Springsted consultant will be in attendance at all interviews. The interview process usually begins with an opportunity for the candidates to meet department heads and receive a tour of the City. The City Council's first introduction to the candidates often occurs at an informal gathering which occurs before final candidate interviews with the entire City Council. It is desirable for the City Council to extend an offer of employment to a candidate immediately following these final interviews. However, sometimes City Councils find it helpful. to narrow the field of candidates and conduct second interviews prior to making an offer of employment. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Services Offered Staff Assistance Needed Assistance from City staff during Phase III will include: • Assisting with interview logistics needed for the interview process, such as arranging a tour, scheduling rooms, etc. Phase IV: Candidate When the City Council has identified the most desirable candidate, Springsted Selection and Negotiation will work with the City Council to assist in the negotiation of final employment parameters, benefits and salary. We will present the employment offer to the candidate as authorised by the City Council and will prepare an employment agreement on the City's behalf, working closely with the City Attorney. Updating Other Finalists on the Process Springsted will continue to keep all finalists apprised of this last phase of the selection process. This step in the process becomes extremely important if, for any reason, the top finalist declines the offer. Once the successfi,il candidate has accepted an employment offer, Springsted will notify all other finalists of the appointment. Staff Assistance Assistance from City staff during Phase IV will include: • Reviewing an employment agreement with the successfi>I candidate. Post Selection Services ongoiny services Springsted has a continuing interest in the success of this selection process. For that reason, we will return to the City, if requested, within approximately 90 to 180 days of the City Administrator's service date, to facilitate discussions about expectations and performance. Springsted also commits to performing another executive search, if the new City Administrator voluntarily resigns or is dismissed for cause during the first 18 months of employment. Each of these services will be provided at no additional cost to the City, other than reimbursement for direct expenses incurred by Springsted. No Solicitation Policy Springsted will not actively recruit anyone whom we have placed with a client during their employment with that client. Springsted strongly believes that candidates who have accepted a public position have an obligation to serve the public entity for an appropriate period of time. City of Shorewood, Minnesota. Proposal to Provide Executive Search Services Schedule 12 4. Schedule Springsted takes pride in meeting its time commitments. The schedule to commence this project coincides with Springsted's completion of other engagements. This will ensure that the project team is available to focus on the Shorewood search. Springsted is prepared to initiate the search within ten (10) business days after receiving the official notice to proceed from the City. Generally, it takes from 90 to 120 days to complete a city administrator search. Springsted will work with the City to establish dates for to review semi-finalists qualifications with the City Council and interviews with final candidates to ensure that the search is completed in a timely manner. Please note that factors beyond the consultant team's control can impact meeting this timetable, including publication deadlines and receipt of timely approvals from the City. Tentative Timeline ~"hlAS~li'l~StC P~~~itl~~:: Analysis and Profile Development City Approval of Profile and Job Advertisement I Recruitment and Placement of Ads Applicant Screening Candidate Summary to the City Council City Council Selects Finalists Background Gheck, Reference Check, Credentials Verification Candidate Interviews Offer Made/Accepted City of Shorewood, Minnesota. Proposal to Provide Executive Search Services 5. Costs Springsted has provided a break down of costs for each task included in the City of Shorewood recruitment and selection process. The total fee for the scope of service detailed in Section 3 is $15,960 The total. out-of-pocket expenses have been estimated at $3,075. These costs are based on interviewing five final candidates. Please note that we would adjust the proposed fee pursuant to any adjustments in the proposed work plan. ~I~~il~`s1C Position Analysis/Profile Development Recruitment andNScreening ~~ ~~ .___ Candidate Evaluation Background Records _Check (5 @ $375)_ __ Candidate Selection _....~.__.._w._ __._..__ ~__..._._ ~.._..._ .__...____~_.. Allowance for mileage, postage, copying, etc. Totals _Esfima~ted l~~~IiYli~'ied OUt-©f- 1°ee Pocket Expenses 53,200 _ ! ~ _~~ f $2 500 ___ __ __._.__ _____. ~500 ~ 1 _ $8,700 ~ . __ i.e ~___ _$1 875 _._~ $1,560 $15,960 i $3,075 Out-of-Pocket Expenses Springsted will charge the City of Shorewood, at cost, for actual out-of-pocket expenses for advertising the position, conducting background checks on each final candidate, and other costs including but not limited to travel, overnight or messenger deliveries, photocopying and mailing. Springsted will work closely with the City to manage out-of-pocket expenses. Additional Work Additional or expanded work requested by the City will be billed at a rate of $185 per hour. `I~'~' 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 DATE: March 20, 2008 TO: Mayor and Council Members >. FROM: Jean Panchyshyn, Deputy Clerk j ~ ~ CC: Larry Brown, Acting City Administrator/Director of Public Works-°" ~-~ " RE: Special Event Permit Applications For Council information, the City has received the following two Special Event Permit Applications: 1) June 7 2008 - Knewtson Health Group -Run Alon>; Lake Minnetonka LRT The Knewtson Health Group is planning a SKRun/Walk event to benefit the Hope Closet for Breast Cancer. The event starts at 7:30 A.M. on the LRT at the Shorewood Yacht Club, and goes to Smithtown/Eureka Road where runners/walkers will turn around and return to their starting point. The Three Rivers Park District has issued a Special Use Permit for this event. This is the first time this run has been held. It is anticipated there will be 200-250 participants and the event will be completed by 10:30 A.M. 2) October 9 2008 -Excelsior Fire District's Fire Prevention Open House and Safety Fair This is the Excelsior Fire District's annual open house event held every fall. The event is scheduled from 5:30 P.M. - 9:30 P.M. SLMPD police officers, reserves, and firefighters will provide traffic and pedestrian control. Parking will be available at Shorewood Public Works, Shorewood Lane will be closed to non-residents and courtesy letters will be sent to the fire station neighbors two weeks prior to the event. Both Event applications have been reviewed and approved by the South Lake Minnetonka Police Department, the Excelsior Fire Department, the Zoning Administrator, and the Acting City Administrator/Director of Public Works. A copy of each Event Registration Permit and Application is attached for Council information. ®~ s®~~ PRINTED ON RECYCLED PAPER - --. - - p _ ., _ ~=- ~~~ s ~~ city c~d~, cl~~~t~r s~s~ _~`„ 575 ~~uniry ~1~~ load a ~WC?~~ ,. ~,- ~~ sr a X533 t `~ t~52~474g~23 ~mh°~9~2}~7~-~C~~ (~'9~a$e rg~t ~sr ~~ `foday's C~a ° E ~J ~ ~ i~atinit Fie; E r -`v Ces~ ~~ s ~ ~~atc tDf ~v~tlg; `° ~ ~ {~ I~stbgr of e~~sor~s {anticipated} to Aetend: ~ ~~ -~ ijs~rrsncm u d n ~! -. n Y .. _ E_- ~. _ ate. e ~`` ~vgttt `~ Re~,fst$~°~: Any p=~r5®n or persa spansarirs~ a went at which st may reasartal;}y fig attifctfsated that there will be mare than 75 persatas in Ilttes?danr~ shaEl, pear tI=a~t~t~,, rg~isigr sttr,}t event with the City Cfeak, ivi:~~ the 1c~cat-oFt, date, tit~ae, purpase, stamgs of a!€ sponsors, at~d the M~urnher of ~,ersc~r~s anticip~igd wiil be itt atte;,darce. ~'g,rfi fm~ Ad~ftia~s€ '~E~~~, Wiihi~ a petted of b rnantl',s ic~IFawing such event, eta additiona€ av?.nt{s), at wh~vCt it -ziay r~aso~~ably ~ anticipated tCtat iher~ ~i1I h~ .t3urv ittai; ; pVrsc~r~ ;~ t~ttes~dancg, sha€C be pestnitted at the same Iocataan unless ing. p~~an Qr p~rsQn~ wha prapc~se tc~ spa,~sc~r the same sha31 first have crhta€t~ a s~ecia€ pYrr:lit ihe~faee appravgd ~y the ~it-y ~.at?~i~i€. Apt:LZ;ivn fv: ~;~elyy; pe~t~s`t shad bejj rnadg to the tty CC k. t FveCt`(.a~Catiar' ~~~ ~l~gs'EP ~"s ~ 'x,~t''~ t~~-J rl"t i~~~ e- ~ i~~~Yi. ~ ~` t~pat~a94P~`9~ 1"TL6SSiy{~~ ~aytlme Pttang #; ~~ z ~ {~ ~ _ ~veni~~ hens `~ t C.~ iii c.~~, ~e m ~~t: R pali~ ot~ac€s may o all pegs present in any st='eh ~€ata~ or ~ ;tiring f;s cvh;eh sucfa i~g emanates, r tiasa3 tiie Q~ c>r t°-~nt~ sf a dwel€€~ cstit, to lmra~~.iate€y disz~ fr~trt said evert iri Ciett of ~u~ sf~, t~der thhfs 6.t Ea~tl'.r shc~ufd ~i~ ct~tinuesi saC''ety, c-Mart ar~9 rise of tt~ ps~b€€e be in) y, ar if the evert is ias vaplutitsn of the prnv~iarts of ~Ih ~ttt a fthe ~ ~it~y c~A e, Faiftue to c.~mply earim e conditions caf t.6~ Spevial is i't nta_y,€esuit ire ~Iicg e~afarc~t;:~t. Apc~Iicant's Si~-n~ture;-~--t--~-~ -~ "°----1.~ ~ns~. ~ -~- ~ ~ - (~ - Hob. d _ ~ ~ At~a~v ~ ~~siacss dye far prtr~easi~g ari~i~iai; CiU' ofSiirr~w nd, SASS Qow~ny Cln~ Ros4, SlGOrrwouel. N!N 55?9! 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AppLwne ~~-~6-~~~8 m~,4~ Er.C~=i.-~I~P, FIPE DI~TPICT ~~~`~~[~iE~9E~ F'Rt~E~ ~s~ ~~ E.3~ tss~~~ ~~~ e~~~ ~a~aaa.~ ~aa~-~o-~~.sa~ ~e-~ ~Xfl $~ b ~~ ~0€~8~"$ ~~ _ 1 ~ 1~$'~7~~~$s~t~in a ii~~ A.~I~4t ~ t ~~ ~ : Any ~tsort oa ~rsos~ s~e~s€~ring ~ went at ~6i~~ it ~t~y s~as~s {, i~ ~i~a~ ti`t~t will be maa~; t 75 _ en Otte ~i!_, ~i~sr t~retca, ~gister eaaris ettt ~itit ~ Ciao Cies~, ~ia~ittg 6.6e t€sc,~tion, date, time, ~~ , names o~ i sorat~, ~tr3 the nurrJber of €r~~r3s ~rstici ~il1 i~~ rzd~a~e, i.}aytie ~~tt~ #: ~~~ ~ ~ Ea~eni ~~v~~ # ~ i _ ~ ~ -i~! ~a~~ing ~r Spy 4~~islcs (e.$., trat~'i~ ~:s;tt~o;, p~:~s, pedestriazi a~~ss;: des' ~ ~~ aJse ~6y - - 5t.1~iiP'I3: L?at~: i~"tre ivi9aa6: ~d y_~~-~ , ~~L° ~3ate: Zoning Ad3`rti~ist~r~: date: City Adtninistoe: ~~te: -~ -c~'" ~~r. c:;~ of sn«o.+wd, nss cwsaay c~a ~o~t, st ~aN sssa t c~ ,o. so«d, t,~a ne s €ca, ~ essr~t, ~gn ,~ (~ - ~ ~' ~y ~~-c~~~S c~~ ~~ r ,~~ ~~ ,,, ~J~, ;,.,,., F~I/~ r K~; Rd ~.~ ~ ~ ~ -. ~. ThreeRivers PARK DISTRICT Special Use Permit Excelsior Run by the Bay Lake Minnetonka LRT Regional Trail Issued to: Kevin Christenson 23505 Smithtown Road, Suite #100 Excelsior, MN 55331 952-470-8555 Designated area: Non -exclusive access and use of paved Lake Minnetonka LRT Regional Trail for the purpose of `Excelsior Run by the Bay' event. Valid: June 7, 2008 Hours permit is valid: 7:30 am to 10:30 am. Conditions: Special use permit must be carried with you while in the park. Trail markings must be free standing and removed immediately after the event. For further conditions please read enclosed guidelines. Permit is not transferable. Permit holder is responsible for Ordinance violations and/or damage to Park District property. Violations of Park Ordinances are misdemeanors and can result in revocation of permit, citation, and/or arrest. Park District Ordinances available upon request. For more information or assistance, contact Park District Staff: 763/559-9000 or e-mail staff at: feedback@ThreeRiversParkDistrict.org In case of emergency, call 911 and ask for Three Rivers Park District Police. n , ~~ ~~ ~~. 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Application for soh rrrtit shall €~ade tQ the it`y ~`(~, ~vsni ~.oc~ti~sn: ~~4i0® smith n loci ~ o~ ~~~nt; ~ ~u_mr E-€ Fcrns (asatici~-~d} ~ Atc~tl: lits~ 6'csrpose ~ir~ ~r~v~tltlan end ~~ ~ tw ~du ~„ -~ ~t~sos's Rieone(s~ 'Tha ~lr ~ir~ !~;~ aytim~ Fetone #. l~`) ~;~-~~~ l~;vening ~'laone _~~ ~-i~~ ..g SpBCial !'ar'~cica~ or Safety Pn>visi®ns (c.g., ~atlie cattl, pa€tdi€€~, ~~tsian access): °°'..~- Apptins's Sate.5s~: _ ~`` Ate: a - - _ tltiow 3 bn~in ~~s l~ ~o~ ~~~ ~.1~° ~niY SC,i~,.p ~ I9ate: . , ,, _ _ a. Firs ~ el:-,~ ~'".~ ~ ~ <-~' ~_~ ~ __.~~ E)ate: ®.~ ~ . ~i ~" Zoriin~ ~drvaip~i~~r:~ 1~at~: Sty ~iaz'~a ~a°1i3$s°'~to3': 1~8t4: Ongmel: c~~y o!.¢haeaood. 3753 lam+sy Chh`s ka sf~e~,wsd. MN 55)33 ~ ~..a;,~ !?~rr.rxta R~iica; , ~@'sE~~Sa3, aas CITY OF SHOREWOOD 5755 COUNTRY CLUB RD PARK COMMISSION MEETING SHOREWOOD CITY HALL TUESDAY, MARCH 11, 2008 7:00 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING Chair Davis called the meeting to order at 7:00 p.m. A. Roll Call Present: Chair Davis; Commissioners Young, Norman, Trent, Quinlan, and DeMers. Public Works Director Brown; City Engineer Landini; Park Secretary Grout; and City Council liaison Wcllens. Absent: Commissioner Hensley B. Review Agenda Young moved, Norman seconded, approving the Agenda as submitted. Motion passed 6/0. C. Introduction of New Park Commissioner Travis DeMers Chair Davis introduced aild welcomed new Commissioner DeMers to the Commission. D. Introduction of City Engineer James Landini Brown introduced the City's new City Engineer, James Landini, who, at times, will act as staff liaison to flee Park Commission. Brown also introduced Park SecretaryTwila Grout who would be sitting in as acting recorder for the evening. 2. APPROVAL OF IvIINLTTES A. Park Commission Meeting Minutes of February 12, 2008 Norman moved, Young seconded, approving the Minutes of the February 12, 2008, Park Commission Meeting as submitted. Motion passed 6/0. B. Park Commission Work Session Meeting Minutes of February 12, 2008 Quinlan moved, Young seconded, to approve the Park Commission Work Session Minutes of February 12, 2008, omitting paragraph 2, of page 4. Motion passed 6/0. #~ 7~t PARK COMMISSION MINUTES TUESDAY, MARCH 11, 2008 PAGE 2 OF 5 3. REPORTS A. Report on City Council Meeting Brown reported that during the March 10th City Council meeting the Collaborative Design group presented their proposed floor plan and exterior scheme for the rehabilitation of City Hall to the Council. In addition, he reported that several representatives had attended a seminar which talked about a comprehensive plan approach to roadway improvement projects. [t addressed putting together a twenty year plan and looking at the price tag and how to finance projects like this for future planning. Brown stated that Jeff Bailey, previous Planning Com»>ission Chair, was appointed as the Ward 3 Council member to replace Paula Callies. Brown also explained that changes to the Watershed Ordin~n~ces were proposed. Currently, two Watersheds govern the City of Shorewood, the Minnehaha Creel. Watershed District (MCWD) and the Riley Purgatory Bluff Creek Watershed District. (RPBCWD). He pointed out that the RPBCWD no longer wants to enforce the Wetland Conservation Act or provide permit review for its member cities. Shorewood felt this to be a daunting task for its limited staff to take on and has proposed contracting with the Minnehaha Creek Watershed .District to administer these rules for Shorewood. Staff is working with MCWD to create a contract for services. Finally, Brown stated thaf the City is seeking proposals to replace the City Administrator. As acting City Administrator, Brown stated that the Council will determine whether an interim City Administrator will ~e appointed until a permanent replacement can be found. 4. COMMUNITY RFC RESOURCES MEETING WITH MINNETONKA COMMUNITY EDUCATION Oil USER FEE PROCESS Norman asked whether CRR had followed up with MCE to check to see if they had made a field determination. Chair Davis stated that she felt really good about how it was handled, she said that it sounded as if CRR presented the process and explained to MCE how it works, and it is not as if there is an abundance of space to offer them. Norman agreed we cannot change the process to accommodate the needs of MCE. Brown explained to newer Commissioners the extracurricular program was set up to encourage outdoor use of the parks during our day time hours in relationship with MCE's recreational programs. After having experienced a successful season last year, MCE had proposed an expansion this year which involved offering t-ball in the evenings, where our demand is quite PARK COMMISSION MINUTES TUESDAY, MARCH 11, 2008 PAGE 3 OF 5 high. CRR, provider of the City's Park Coordinator services, who was brought in to determine whether our parks can handle expanded use according to our priority policy, cautioned expanding the use without following the due process. Young stated that it sounded to him as if CRR had done a good job in resolving this. Chair Davis concurred, noting that the door is still open either way whether MCE chooses to pursue the space or not, especially in light of the fact that we would like to pursue greater participation on the east side of town. 5. REVIEW PARK PRIORITY POLICY Brown pointed out that an `organized' group has been defined within the parameters of the park priority policy in order to keep things very clean. He noted that i ~ a group isrequesting space weekly over a longer period of time, they are an organized group and subject to the user fees and requirements of the policy. Young stated that this policy has been working and we cannot make exceptions, hefelt we should hold to the policy we have. Norman agreed that this would be a slippery slope to make exceptions for the MCE program. Quinlan agreed that the program is working aid should. be left as is. Norman asked to have CRR follow-up with MCE to just touch base and keep the lines of communication open, especially before the scheduling is complete. Brown stated that CRR flocs a phenomenal job communicating with the organizations and he was sure they would be happy to follow-up with MCE one more time. With a broad brush, Brown explained thatthe field time divided by the number of teams, makes up the basic formula, and allows a licwcomer to compete fairly for field time. 6. DFTFRMINE LIST OF PARK RELATED QUESTIONS TO INCLUDE IN RESIDENT SURVEY. Chair Davis asked Council member Wellens to share with the Commission what sorts of questions or sections have been identified. Although it had not been determined yet, Wellens stated that each group would be allowed a certain number of questions or a section pertinent to their subject area. Chair Davis suggested that the survey be thorough and thoughtful and that people be encouraged to supply their opinions as well as rankings, multiple choice answers etc. As there are many difficult decisions to be made, she felt the Commission could easily exceed 10 questions. Young agreed that people should be given the facts in order to make thoughtful decisions. PARK COMMISSION MINUTES TUESDAY, MARCH ll, 2008 PAGE 4 OF 5 Trent hoped this would not replace the more targeted surveys targeting our specific parks and neighborhoods. Norman suggested that each Commissioner be challenged to come up with 5-10 questions each to include in the next packet and hammer those out for the survey. Chair Davis suggested that they hold a work session to discuss questions that each of the Commissioners creates to be included in the packet. If staff could supply the Commissioners with concrete dollar estimates within the next two weeks, the Commissioners could pull together some questions for a meeting on Wednesday, Apri12"a, 7pm at City Hall to discuss survey question ideas. hz addition to the larger city wide survey, Trent suggested they rough out their improvements request plan and create their 2008 small scale neighborhood surveys as well at the work session. 7. DISCUSS AND DETERMINE MEETING ATTENllANCE AND PARTICIPATION STANDARDS Brown acknowledged that, while most merlrbers are good intentioned and the City would not wish to minimize contributions of volunteers on the committees, attendance is a concern. He noted that Council member Turgeon questioned whether there was an attendance policy in place or a standard currently obser<~ed by the Commission. Chair Davis pointed ouYthat when she started on=the Commission, staff told her if she missed three meetings in a~row; she should reconsider her position on the Commission. That being said, she stated that her level of co_C»mitn~ent might be different than most in that she has missed only one meeting in leer tenure on the Commission. Participation in the events is also critical. Trent questioned whether the Planning Commission had the same policy. Chair Davisstated that it appears attendance has not been an issue for the Planning Commission. Young stated that, at this point, it should be emphasized in the interview process that attendance is critical. Brown stated that there have been questions added to the interview process for the Planning and Park Commissions, as well as, Council. Quinlan stated that it would be fair to set expectations in the interview process by formalizing the expectation of participation. Young suggested it be left as it is now, especially now that they are aware staff is hitting upon attendance in the interview process as part of their obligation. PARK COMMISSION MINUTES TUESDAY, MARCH I1, 2008 PAGE 5 OF 5 Brown agreed, stating that the expectation should be set that they attend and that if they are missing three in a row they might wish to reconsider their commitment to the Commission. 8. DETERMINE LIAISON FOR CITY COUNCIL MEETING ON MARCH 24 Chair Davis stated that she was committed to finding a nature event for the kids programming this summer in the parks. She noted that although they have the puppet lady and MCE scheduled, it would be good to have a couple of more items for the kid's series. The goo mobile and arboretum were introduced as options. Chair Davis accredited Quinlan with his suggestion that an end of the season event be considered over a weekend to wrap up the series. Quinlan added that it might be nice to provide an earlier option which precedes the Music in the Parks event. Brown asked whether the Commission would like to appoint a subcommittee to put together additional kid's series events during the day in order to speed up the discussion process. Both Davis and Trent volunteered to help find additional performers for the kids program, like the zoo-mobile, and report back to the Comu~ission at a later date. Chair Davis referred to City Engineer Landini who reported thatJoe Pazandak, building inspector, had planted a prairie grrass area on his hobby farn~, and had suggested the City of Shorewood do the same. Brow n encouraged Landini and Pazandak to put together a proposal for the City, identifying some sites fora. prairie grass planting demonstration project, its costs, and share this with the Commission at the aril meeting. Both Brow~~and Chair Davis feltthe SilverwodPark hill or across from Barrington between Excelsior Boulevard and Highway 7 the old scenic overlook might be good plots for the project. Browlipointed out that the prairie grass planting is not a flowering grass area. Norman volunteered to act as liaison for the Council meeting Monday March 24, 2008. 9. ADJOURN Young moved, Trent seconded, adjourning the Park Commission Meeting of March 11, 2008, at 8:07 p.m. Motion passed 6/0. REPSECTFULLY SUBMITTED, Kristi B. Anderson Recorder CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, 18 MARCH 2008 MINUTES CALL TO ORDER Acting Chair Gniffke called the meeting to order at 7:02 P.M. ROLL CALL COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Acting Chair Gniffke; Commissioners Gong, Hutchins, and Ruoff; Planning Director Nielsen; and Council Liaison Woodruff Absent: Chair Schmitt; Commissioner Gagne APPROVAL OF MINUTES 19 February 2008 Hutchins moved, Geng seconded, Approving the 1'lanuing Commission :lZeeting Minutes of 19 February 2008 as presented. Motion passed 4/0. 7:00 P.M. PUBLIC HEARING - ANIENDNIENT OF WATERFORD P.U.D. DEVELOPMENT AGREEMENT Applicant: Waterford Center LLI' Location: 19905 High« ay 7 Acting Chair Gniffke opened the Public IIearing at 7:03 P.M. He explained items recommended for approval that evening~~~ould be placed on a March 24, 2008, Regular City Council Meeting Agenda for further review anal consideration. Director Niclscn stated the Waterford Shopping Center was located at 19905 State Highway 7. He explained the Waterford commercial element of the Waterford P.U.D. was approved in September 1990. Shorewood Resolution No. 100-90 specifically addressed two uses to be included in the center; 1) a convcnicncc store with gas pumps; and 2) a family restaurant. The resolution set forth conditions as to how the two uses would be operated. In the case of the family restaurant, hours would be limited to between 7 A.iUI, and 11 P.M. and the restaurant would not eligible for any kind of liquor license. To date, no restaurant had occupied space in the Shopping Center since it was built. Nielsen stated the owner of Waterford Center LLP had recently requested an amendment to the original Waterford agreement that would allow the owner to market to potential tenants on leasing space for the expressed purpose of adding a f amily restaurant that could, if desired, serve beer and wine. The owner believed the opportunity to serve beer and wine would help attract a restaurant to the Center. The request was explained in a letter, dated 5 February 2008 from Mr. Palanisami (the owner), which was included in the meeting packet. He related the owner had stated he was not pursuing any specific tenant, but all of the potential tenants he had spoken with had expressed interest in wanting to serve beer and wine. Nielsen explained the P.U.D. process included three steps: 1) concept; 2) development; and 3) final plan. The applicant had requested concept and development stage approvals for the P.U.D. amendment. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 2 of 10 Nielsen explained when the Waterford Shopping Center was originally approved, a concern of residents had expressed concern that the restaurant may end up being more of bar (particularly a sports bar) than a restaurant if liquor was allowed to be served. Two things would probably preclude that from becoming the case -the hours for the restaurant were limited to 7:00 A.M. to 11:00 P.M., and the applicant had only requested a wine and intoxicating malt beverage (i.e., beer} license. The City had recently received correspondence from individuals in the area south of the Center (in particular the Waterford Townhomes). The individuals were open to a restaurant and almost unanimously wanted it limited with regard to liquor (which the beer and wine did to some degree}; soiree individuals suggested the sale of beer and wine be limited to individuals who were at the restaurant to dine and that could be an option as the City had a number of types of liquor related licenses. Nielsen stated the applicant was not in attendance and he was not sure where he was as the applicant's secretary had confirmed the time of the Public Hearing. He then stated he was some what surprised that there were not any residents present. Nielsen stated if the Planning Commission and the City Council agreed with the proposed amendment, Staff should be directed to prepare an amendment to the Waterford Planned Unit Development agreement and to the protective covenants recorded against the property. Those amendments would come back to the Council as the final plan for the application. In response to a question from Acting Chair Gniffke, Director Nielsen stated the only two on-sale liquor licenses in the City were for the Minnetonka Country Club and the. American Legion which both had a club liquor license. Commissioner Hutchins questioned if the future tenant would have to apply for a liquor license as well as obtain a site plan approval. Director Nielsen stated the tenant would already have site plan approval because of the previous approval for the Center; the restaurant would occupy the space previously occupied by the sporting goods store. In response to a question from Acting Chair Gniffke, Director Nielsen stated to-date the applicant had not made any comment about a suggestion to limit the purchase of beer and wine to individuals who were at the restaurant to dine. There were discussions about other establishments that served beer and wine only to dinners. Joey Novas served beer and wine but it did not have a bar seating area, and D'Amico's in Wayzata was the same. There were a couple of pizza places in Chanhassen that also served beer and wine. Acting Chair Gniffke stated he had spoken with residents in his neighborhood that would like to see a family-style like restaurant in the area. Council Liaison Woodruff stated the very preliminary drawing submitted for the proposed restaurant space indicated there would be 2300 square-feet of area for the dining, bar, and waiting area combined; and it also showed that 1400 square feet of that space would be for dining. He suggested a restriction be placed on the size of the bar area or the sale of beer and wine be restricted to individuals who are there to dine. He commented that Al and Almas had eight stools at its bar area intended as a staging area for people waiting to be seated at a table, which was probably similar to what potential tenants would want. Woodruff then stated the hours of operation for the existing convenience store with gas pumps were from 6:00 A.M. -midnight. He suggested the hours of operation for the restaurant be changed to 6:00 A.M. - CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 3 of 10 11:00 P.M.; that would allow a restaurant owner to serve an earlier breakfast to people who may stop for gas and want to have breakfast. With regard to a question from Councilmember Ruoff, Director Nielsen explained that deliveries to the restaurant would be in the back of the building. He noted when the City owned the Waterford Liquor Store (located next to the proposed space for a restaurant) the deliveries to that Store had been made in the back of the building. Therefore he did not foresee and additional impact on the residents behind the Center. Mr. Palanisami, the applicant, joined the meeting. Seeing no one present wishing to comment on this case, Acting Chair Gniffke opened and closed the Public Testimony portion of the Public Hearing at 7:17 P.M. Acting Chair Gniffke asked the applicant if he had any comments he wanted to make. He had none. Geng moved, Hutchins seconded, recommending approval of an amendment to the commercial element of the Waterford Planned Unit Development agreement (which would restrict the hours of operation for a restaurant to 6:00 A.M. - 11:00 P.M. and the sale of beer and liquor to individuals there to dine), and of an amendment to the protective covenants recorded against the Waterford commercial property. Motion passed 4/0. Mr. Palanisami apologized for being late but he had gotten lost. He suggested the City put a sign up at the intersection of Smithtown Road and County Road 19 indicating where City Hall was located. Acting Chair Gniffke closed the Public Hearing at 7:19 P.M. 2. 7:15 P.M. PUBLIC HEARING -C.U.P. AMENDMENT Applicant: Minnetonka School District 276 Location: Minnewashta Elementary - 26350 Smithtown Road This item was rescheduled to an April 1, 2008, Planning Commission meeting. 3. 7:30 P.M. PUBLIC HEARING -C.U.P. FOR ACCESSORY SPACE OVER 1200 SQ. FT. Applicants: Stephen Doyle Location: 26785 Edgewood Road This item was discussed after Item 6 on the agenda. Acting Chair Gniffke opened the Public Hearing at 7:37 P.M., noting the procedures utilized in a Public Hearing. Director Nielsen stated Stephen Doyle owned the property at 26785 Edgewood Road. Mr. Doyle had applied for a conditional use permit to construct a detached garage. The floor area of the new garage would put the property in excess of 1200 square feet of accessory space, necessitating a conditional use permit. The new garage would replace an existing detached accessory building and would be located on the west side of the site. The property was zoned R-lA, Single-Family Residential and contained 2.5 acres of land. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 4 of 10 Nielsen reviewed the property survey which showed the location of the existing house and attached garage, as well as an existing shed which would be demolished. The proposed single-story detached garage would contain 1344 square feet of floor area. When that area was combined with the existing attached garage, the amount of accessory space on the site would total 2112 square feet. The house contained 2510 square feet of floor area above grade, not including the porch on the rear side of the house. Nielsen reviewed how Mr. Doyle's request complied with the four criteria specified in Section 1201.03 Subd.2.d.(4) of the City's Zoning Code for granting a conditional use permit for accessory space in excess of 1200 square feet. 1. The total area of accessory buildings (2112 square feet) did not exceed the floor area (2510 square feet not including the porch on the rear side of the house) above grade of the existing home. 2. The total area of accessory buildings did not exceed 10 percent of the minimum lot size for the R-lA zoning district (.10 x 40,000 = 4000 square feet). 3. The proposed garage would comply with R-lA setback requirements. Hardcover on the property would be well under 25 percent. 4. The architectural character of the new building would be the same as the existing house. The siding and roofing will match the house. Per Council Liaison Woodruff's request, Director Nielsen reviewed a view of the area around the proposed garage and the surrounding buildings. The nearest neighbor had a large accessory building on the north side of his house, and that was approximately 120 feet away from the new building. Nielsen stated because the applicant's request was considered to be consistent with the requirements of the City's Zoning Code, Staff recommended that the conditional use permit be granted as requested. Director Nielsen stated that Mr. Doyle was present this evening to answer any questions the Commission may have. Seeing no one present wishing to comment on this case, Acting Chair Gniffke opened and closed the Public Testimony portion of the Public Hearing at 7:32 P.M. Commissioner Hutchins stated Staff had indicated that the siding and roofing showed vertical siding while the house had horizontal siding.. Mr. Doyle stated the drawing was taken off of the Internet; the siding would be horizontal and the same color as the siding on the house. In response to a question from Commissioner Ruoff, Mr. Doyle stated there would not be any grading required because of the slightly larger footprint of the proposed garage. A small amount of dirt may be required. In response to another question, Director Nielsen stated there was significant amount of ground between the garage and the neighbor's property so he did not think drainage would be a problem. In response to a question from Commissioner Hutchins, Director Nielsen stated it was not necessary to replace the few trees that would have to be removed. It could be a condition of the conditional use permit, but the tree line softened the view of the building from the adjoining property. CITY OF 5IIOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 5 of 10 Hutchins moved, Ruoff seconded, recommending approval of a conditional use permit for accessory space over 1200 square feet for Stephen Doyle, 26785 Edgewood Road. Motion passed 4/0. Acting Chair Gniffke closed the Public Hearing at 7:46 P.M. 4. DISCUSS PLANNING DISTRICT 6 This item was rescheduled to an April 1, 2008, Planning Commission meeting. 5. DISCUSS COMP PLAN -ISSUES This item was discussed after Item 3 on the agenda. Nielsen stated in February the Commission had been provided with a copy of the issues sections of each chapter of the Comprehensive Plan (the Plan), and yesterday he had distributed a document (via email) which addressed updates Staff recommended to the issues sections. The updates included removing issues that had been resolved and adding new issues which should be addressed in the Plan. Nielsen reviewed the issues by chapter. Natural Resources The issues previously identified in the Plan tend to be ongoing, although some of them needed to be updated. For example, the recent decision by the Riley Purgatory Bluff Creek Watershed District (RPBCWD) to no longer handle permitting relative to the Wetland Conservation Act had resulted in the City delegating Local Government Unit authority for WCA permitting for lands inside Shorewood within the RPBCWD jurisdiction to the Minnehaha Creek Watershed District. That arrangement should be formalized in the Comprehensive Plan. The City was currently in the process of updating its Comprehensive Water Resource Management Plan (CWRMP). Much of what was addressed in the CWRMP related to natural resource protection (e.g. surface water management, erosion control, etc.). Water supply and wastewater management tended to be community facility matters. The two plans must be consistent; the easiest way to accomplish that in the Plan would be to reference the CWRMP. Land Use The current edition of the Plan cited discrepancies between the Land Use Plan and the Shorewood Zoning District map. That issue was resolved when the map was updated to reflect and implement the City's Land Use Plan. Housing variety and affordability continued to be an issue. The problem was there were limited, if any, good solutions to the problem given the relatively high land values and low density character of the community. Lake access issues had been addressed since the current Plan was adopted. For example, in 2007 there was an amendment to the Shorewood Yacht Club's conditional use permit that would allow a percentage of boats kept at the SYC to be power boats. That should be referenced in the Plan. Long term land use issues for the area in which the SYC was located would be addressed in the Planning District 6 Area Plan. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 6 of 10 The Plan should specify the types of connnercial businesses, primarily retail, the City would want to encourage in the area of Smithtown Crossing and along the County Road 19 corridor through Shorewood. The County Road 19 Corridor Study that was adopted addressed street issues, area identity, trails and utilities; but little or no reference was made regarding the types of commercial businesses desired. In that same area, the issue of redevelopment of existing connnercial properties had been a topic of discussion. Transportation The issue of the County Road 19/Counhy Club Road intersection addressed in the Plan had been resolved. Although mass hansit remained an issue, it appeared unlikely that any type of mass transit would be feasible for a long time given Shorewood's low density and minimal demand. The County Road 19 Corridor Study set forth a concept plan for pedestrian/bicycle circulation, primarily in Planning District 6. The issue now was how to get it implemented (i.e. funded}. Shorewood had joined with Tonka Bay and Orono in planning for a trail system that would connect the LRT Trail to the Dakota Rail Line in Orono and would also extend southward to the Smithtown Crossing area. The Transportation chapter of the Plan included a plan for the reconstruction of existing substandard streets. It allowed existing residential streets to be reconstructed to a width of less than 24 feet (the standard for new streets), but no less than Fire Code standards (20-foot traveled surface). A recent street project was moth-balled, due in part to residents who opposed to a 20-foot wide street. The City should reevaluate the current plan and change the policy if necessary. A number of "paper streets" currently existed in Shorewood. Paper streets were rights-of--way that were never platted as City streets and there may not have been intent to plat them. A complete inventory of those streets should be done, with some analysis as to whether any of them should be considered for vacation. Community Facilities Sanitary sewer had not been an issue for quite soiree time relative to capacity. The entire City was served with sanitary sewer service. What continued to be an issue was the maintenance and repair of the aging system. The Metropolitan Council was particularly interested in addressing inflow and infiltration (I&I). The current policies relative to municipal water expansion appear to be working well (provided there was not a desire to have City water throughout the City). Deficiencies in the existing water system that were noted in the Plan had been addressed in recent water improvement projects. The larger issue of water supply must be addressed -specifically, water conservation and possible future water treatment. By the time the Comprehensive Plan update was adopted the renovation of City Hall should be completed; that renovation should serve the community for many years to come. The City-owned property adjacent to City Hall should be addressed in the Plan. The public safety building needs should be well satisfied with the recent construction of the public safety facility in Shorewood and the facility in Deephaven. While master plans had been developed for all of Shorewood's parks, the Park Commission had recommended that plans for Badger Field and Silverwood Park be updated. The Commission also recommended the installation of restrooms at Manor Park. The following comments or clarifications were made by Director Nielsen, that Commissioners, and Council Liaison Woodruff. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 7 of 10 - In an attempt to minimize the construction of "McMansions", there was a provision adopted in the Zoning Code which put a limit on the size a lot created by combining small lots could be. The Rl-D District allowed lots as small as 10,000 square feet in area and in other areas, such as Minnetonka Manor, there were lots as small as 8,000 square feet in area. The R1-A District had larger lots and therefore there would be larger houses. The Rl-C District had a 20,000 square foot area requirement, and the large houses constructed on those lots created a crowded appearance; hardcover requirements were an attempt to control the size to some degree. It could be appropriate to consider the floor- ratio to land- area approach to controlling house sizes in the future. It could also be appropriate to consider an approach where the foot print of a new house could not be greater than a specified percent increase over the average foot print of houses in the area. - With regard to the Minnetonka Country Club property, if the property ceased to be a country club it would be zoned R1-A Single Family Residential with a minimal lot size of 40,000 square feet. The property was well over 100 acres in size, with some of the land being lowland. The current owner of the property had conveyed that he did not want to snake any decisions about the future of his property at this tune. The land was more valuable as residential property than as golf course. - With regard to redevelopment of the Smithtown Crossing area and the County Road 19 corridor, the street signs at Smithtown Crossing should be made larger and consistent, and signs should be installed directing people to City Hall, the Southshore Center, to Public Works, and to the Public Safety Facility. - There were two park-n-ride lots in the City. There was a small one on the north side of the parking lot at City Hall. There was another lot was located at Vine Hill next to Rapid Oil. - There had to be strong justification for the City to spend funds to extend pedestrian/bicycle path from the LRT trail to the Smithtown Crossing. The path would have to go south on Country Road 19. - When the City tried to apply the street reconstruction plan to the Amlee Road, Glen Road, and Manitou Lane street reconstruction project the residents objected to widening of streets in part because of the impact it would have had on the existing trees. The major reason the project was put on hold was the property owners would not grant the City the necessary easements. - A few years ago, the City had implemented a plan for the televising and repair of the sections of the sanitary sewer system that were most likely to have problems. The Metropolitan Council encouraged more activity with regard to addressing inflow and infiltration (I&I). Although the City currently did not have an I&I problem, it was important to take a proactive approach to ensure a problem did not arise. The City did have an interceptor with Victoria, and the flow from Victoria that went through that interceptor was supposed to be monitored and accounted for. There were small areas where the City served residents in other communities (their sewers connected to the City's sewer system) that did not go through an interceptor; that was called unmetered flow and should be monitored. - The installation of City water was primarily on a demand basis. There had been a relatively recent situation where the Wedgewood Drive street reconstruction project was contingent on installing City water main as part of the project. - Staff was currently working on the Comprehensive Water Resource Management Plan which the Metropolitan Council required. - The management of Loose Strife was addressed in the Plan. There was a method for eradicating Loose Strife that entailed the use of a very small beetle. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 8 of 10 The following issues were reconunended to be added to the Plan during the review and discussion. 1. Land Use -The future of the Minnetonka Counhy Club property would be added to the chapter. 2. Land Use -Identification of conhols to manage the development of "McMansions" would be added. 3. Land Use -The future uses for the Howard's Point Marina property and surrounding area should be added. 4. Natural Resources -The issue of wildlife management should be added. 5. Natural Resources -The eradication of Buckthorn and diseased trees should be added. 6. 2008 WORK PROGRAM This item was discussed before Item 3 on the agenda. Director Nielsen reviewed the tentative Planning Commission 2008 Work Program plan which he distributed. The schedule reflected the dates the task would be worked on, who was responsible for completing a task (the Commission or Staff}, and a report was a deliverable from the task. The majority of the program will focus on updates to the Comprehensive Plan. He reviewed the tasks and dates in the Plan (as detailed in a copy of the Work Program Plan). The highlights of the plan are as follows. - Updates to the Comp Plan are estimated to be completed by late June, including the Planning District 6 Area Plan. - A public information meeting would be scheduled for the first part of August, and a public hearing would be held shortly after that. - The Comp Plan would be referred to adjacent coimrnunities for commment in September. - The Comp Plan would be submitted to the Metropolitan Council for review and comment during October and early November. - The remaining Planning District Area Plans would be reviewed and updated if needed from mid-September to mid-November. - The Comp Plan would be adopted by the City in early December and published in late December. - The City's Zoning Code would be updated to reflect updated parking requirements and the annual variance discussion would occur in October. Monitoring of the Shorewood Yacht Club's compliance with its conditional use permit would be completed in September. - Changes to fees for after-the-fact zoning applications would be considered in October. - Changes to the allowable hours for off-sale liquor sales would be considered in April. Nielsen suggested the Planning Commission and City Council have a joint meeting to discuss the Comprehensive Plan issues by the end of April or early May. Council Liaison Woodruff suggested another joint meeting be scheduled to review the Plan when it is close to its final form and before it was submitted to the Metropolitan Council for review. Nielsen recommended the format for the Public Information Meeting be an open house, similar to the one used the last time this effort was done. Each chapter in the Plan would be set up at a particular station where a Commissioner or staff member would be available to answer any questions the public may have. Nielsen explained the Shorewood Liquor Store requested the City change its allowable hours for off-sale liquor sales to be consistent with those in the State Statute for Monday -Thursday (the State allowed the CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 9 of 10 off-sale of liquor until 10:00 P.M. but the City Code only allowed it until 8:00 P.M.). The possibility for double fees for after-the-fact permits for any zoning application would be considered; currently, the only activity that was subject to basically a double fee was building code violations. Nielsen then explained there was only one Commission meeting scheduled for August because he would be on vacation. There was no meeting scheduled for the first Tuesday in September because in the past few years the Coi-nmission had decided not to have a meeting after athree-day weekend. He suggested that at the end of June, the Commission discuss whether or not it felt additional meetings should be scheduled in August and September. In response to a question from Commissioner Ruoff, Director Nielsen explained that when the Comprehensive Plan was approved by the Metropolitan Council approximately two years ago it reviewed it thoroughly; therefore, he did not think there would be many significant changes requested. The Mehopolitan Council had implemented some new mandates since the Plan was last approved which had to be addressed. There were different groups at the Metropolitan Council that would review different chapters in the Plan. In response to another question, Nielsen stated the Plan had to be updated every five years; the last time the Plan was submitted to the Metropolitan Council late and there were changes that had to be made after its review. Nielsen explained that the Comprehensive Plan and the Comprehensive Water Resource Management Plan must be consistent; therefore, that would probably be accomplished in the Comprehensive Plan through reference to the Comprehensive Water Resource Management Plan. 7. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 8. DRAFT NEXT MEETING AGENDA This was discussed after Item 3 on the agenda. Director Nielsen stated there had been a conditional use pei-~nit amendment, a setback variance, and a request to change the allowable hours for off-sale liquor sales slated for the April 1, 2008, Planning Commission meeting. The Study Session portion of that meeting would be devoted to discussing Planning District 6. 9. REPORTS • Liaison to Council Councilmember Hutchins reported on matters considered and actions taken at the March 10, 2008, Regular City Council meeting (as detailed in the minutes of that meeting). Council Liaison Woodruff reported on matters considered and actions taken at the March 17, 2008, Regular City Council meeting (as detailed in the minutes of that meeting). • SLUG No report was given. • Other None. CITY OF SHOREWOOD PLANNING COMMISSION MEETING 18 March 2008 Page 10 of 10 10. ADJOURNMENT Hutchins moved, Geng seconded, Adjourning the Planning Commission Meeting of 18 March 2008 at 8:45 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder I~' 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: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 12 March 2008 RE: Doyle, Stephen -C.U.P. for Accessory Space in Excess of 1200 Square Feet FILE NO.: 405 (08.05) BACKGROUND Stephen Doyle owns. the home at 26785 Edgewood Road (see Site Location map -Exhibit A, attached). He has applied for a conditional use permit to construct a detached garage that puts the property in excess of 1200 square feet of accessory space. The new garage replaces and existing detached accessory building and will be located on the west side of the site as shown on Exhibit B. The property is zoned R-lA, Single-Family Residential and contains 2.5 acres of land. As shown on Exhibit B the site is occupied by Mr. Doyle's home and attached garage, as well as the existing shed, which will be demolished. The new detached garage contains 768 square feet. Combined with the existing attached garage, the amount of accessory space on the site will tota12112 square feet. Plans for the new garage are illustrated on Exhibit C, attached. The home contains 2510 square feet of floor area above grade, not including the porch on the rear side of the house. ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribes criteria for granting conditional use permits for accessory space over 1200 square feet. Following is how the applicant's plans comply with the Code: a. The total area of accessory buildings (2112 square feet) does not exceed the floor area ®o ~o r® PRINTED ON RECYCLED PAPER SPA Memorandum Re: Doyle -C.U.P. 12 March 2008 (2510 square feet) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-lA zoning district (.10 x 40,000 = 4000 square feet). c. The proposed garage complies with R-lA setback requirements. Hardcover on the property is well under 25 percent (approximately 17%). d. The architectural character of the new building will be the same as the existing house. Siding and roofing will match the house. Based upon the preceding analysis, it is recommended that the applicant's request for a conditional use permit be granted. cc: Larry Brown Tim Keane Toe Pazandak Stephan Doyle -2- a z ~, ,y6O a~ - ~ Eygb -~ l I u 1'E96 a N~ ~~ S~ a ZB1 ~ L ~y ___ I. 9 Iz €~ ~x \`\ O '~ 1 tr ~ S o O `o c b w y S tt ~ o T ~ Q - C 3 ~ T 2 1~I I ~ o ~ I o T ~ z z E z 1 1 i ~ T L r'~ f ~ ~ 1 `~-- F e 9'C96 ,4`yQ rL96M ~~ 9296 1 1 Hm r X29 ~ ; ti 961b~ "' ~, CE96 ~ 962.3 U S 9 g 1 Y E g Cy6 96]A S'E% n EE96 1 g I7U VINO i ^ M~T_~ ~~ 1 N rv ry N e 96].9 Pa ~ I - ~4 ~ ~ ~ ~ m - ~ w __24.51-- 1 n °~ SAS 912E n LL a n ~e a N 01'05'23" W 1 d° ~ ' ;~ q y3, a gp~ m °] { P ~ q3'~ ruiA \ ssl ~ --------'---- -------------------ao~s ------------------°-' -- ------------ ~ gaL9 ,~43 ,• ~ \ 9643 ~ ~ B'IL6 .'~'~ Y Zwmi \1 ~91 .m a BILL ':-~~ 0'Q 1, ~zy d4 ~' Af9,q 1:96 .~V a99 mJ4 . ~ a X ,g33s L'fL6 ',' .p.t 933.1 '~~m' 969A ~~ 965A 9) '.. ry~ ' 9335 L6 ~ .a ~J o S m ~IL61^1 ~ fi'I = ~ ~ ~I , F- M1 ~ v .I N Wm ] 3 !~ may. m 9VL6 I ~ef i ~ ~. V c ~ d'9La ~ t 1 g69p 9)~ 1 1 99n 99,j _~ I I m I ~ w I ,' ~ P 'J m ~f~~ `\~ 7 1 _ v ' I p I 1 w 4 5 mo-° $0 1 3° ~ _________________________t P1.0 ___________ __ 4 I ---- o o n i ~ --- --~ -- -- -- -- _ ---- -- -- ---- - -- ~zb ---- -- 9w o9,1 .. ~~ n --46J.¢7-- --•LOUOnp ~99x.4U9N a4i ~9 ioyonp I9oo4y9N 941 !o +As i~~tit ~ S C 01'05 2J" E IW O O `r N aW Z Exhibit B SITE PLANISURVEY 48'-0° 6" ~~ Il'-8" ~ ~ 30"WIRE WINpOW SHOP cal C:RAAE 30" WIpE W~JpOW -----~ 0 ~- I6'-0" z 8'-0" 0~, p00R ~,~ 3'-b" ~ 1'-10" ~ 12'•4" ~, 4'-0" J ~-,I'-10" 8'•0° ~ ~~ N ~1=00~' ~'~,~N ,~-~ SCALE: I/8" = I'-0° 30" WIpE WINpOW p00R OH.p00R 30"WIDE WINpOW ~i ~' ?p 12 Il Y~RI~1' MIpP01NT I'-0° 9'•19116° v_ 0 e 3 ~~f ~p NCB S~C~CION C~AR~4GE GONSTRIJCTION TO BE 2Xb FRA('11Nu 28'•10" C~A~E ii I~ ~_ ~° coNCRETE FLooR SLAB-SLOPE TOWARD DOOR -~ 3'-0" X 6'•8" p00R 8'-0" I' FREMANI~AGTUi~D ROO1: TRUSS 2X6 WOOp STUp g 16° O.C. 4" CONC. SLAB TREATED 2X6 PLATE b" GMU BASE 12° ChN EpN. 20" X 8" CONC. FTC. Wl2- "4 cONT m r a~ N r N 48'-0° StORAC~E 'gyp ACCESS p00R DO(f~iER p01~lER 30" 30" WIpE WIpE WINp WINpOW 9'-3" ~ 9'-0" ~ II'-6" ~ 9'-0" ~ 9'-3° J z ~~~~~ ~~00~ P~~N ~-I SCALE: 1/8" = I'-0" ¢ ~~OP05~p ~~~Y~~CION ,4-) NO SCALE ~- ~ ii Cl~ '~ 1~~} w ~$~'~ o~QQ ~~~ 0 0 nN'' fJ~ wz j o~ ~, m Qm u~ ~0~ 00~ n~0 ~~QO ~n Qi~O cn c~ N ._ oe ~~ .~ Exhibit C PROPOSED GARAGE PLANS e. ~o n w J ~~ X. 9 '' ~ - ..v cS.~ Exhibit D EXISTING HOME -ELEVATION V. II f~IrtllTli i !'LI i l;-,' I !1 la. ~~-\ 1 ~-- Q .a ~-- z Q flL ].~ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO STEPHAN DOYLE WHEREAS, Stephan Doyle (Applicant) is the owner of real property located at 26785 Edgewood Road, in the City of Shorewood, County of Hemiepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit for the construction of a detached garage which will have approximately 1344 square feet; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 12 March 2008, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 18 March 2008, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 24 March 2008, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The total area of accessory space (2112 square feet) does not exceed the floor area above grade of the principal structure (2510 square feet, not including porch on rear of home). 2. The Applicant's lot contains approximately 2.5 acres of land, and the total area of accessory space on the property will not exceed 10% of the minimum lot area for the R-lA Zoning District in which it is located (4,000 square feet). 3. The design and materials of the new garage are compatible with the architectural character of the existing home. 4. The proposed garage complies with all setback requirements for the R-lA District. -1- CONCLUSION a. The application of Stephan Doyle for a Conditional Use Permit as set forth herein above be and hereby is granted. b. This approval is subject to the following: 1. The proposed accessory structure will be used strictly for purposes of a residential nature. 2. The Applicant is hereby advised that the City Code provides specific regulations relative to home occupations and any future use of the structure for other than allowable residential purposes would have to comply with such regulations. c. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 24th day of March 2008. CHRISTINE LIZEE, MAYOR ATTEST: LAWRENCE BROWN, ACTING CITY ADMINISTRATOR/CLERK -2- PROPERTY DESCRIPTION: All that part of the Northeast Quarter of the Northwest Quarter of Section 32, Township 117, Range 23, Hennepin County, Minnesota, described as follows: Beginning at a point on the North line of said Northeast Quarter of the Northwest Quarter distant 176.03 feet East of the Northwest corner of said Northeast Quarter of the Northwest Quarter; thence South and parallel with the West Line of said Northeast Quarter of the Northwest Quarter a distance of 247.51 feet; thence West and parallel with said North line of the Northeast Quarter of the North- west Quarter a distance of 176.03 feet to the West line of said Northeast Quarter of the Northwest Quarter; thence South along said West fine a distance of 463.67 feet; thence East at right angles to said West line a distance of 214.00 feet; thence North and parallel with the West line of said Northeast Quarter of the Northwest Quarter a distance of 711.18 feet, more or Less, to the North line of said Northeast Quarter of the Northwest Quarter; thence West olong said North Line to the point of beginning. Exhibit A MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 11 March 2008 RE: Waterford P.U.D. -Proposed Amendment - On-Sale Liquor FILE NO.: 405 (08.03) BACKGROUND The Waterford shopping center, located at 19905 State Highway 7 (see Site Location map - Exhibit A, attached), was approved in September 1990. Shorewood Resolution No. 100-90 (see Exhibit B) specifically addressed two uses to be included in the center: 1) a convenience store with gas pumps; and 2) a family restaurant. The resolution set forth conditions as to how these two uses would be operated. lil the case of the family restaurant, hours are limited to between 7 A.M. and 11 P.M. and the restaurant is not eligible for any kind of liquor license. To date, no restaurant has occupied the shopping center since it was built. Representatives of the shopping center have now requested an amendment. to the original Waterford agreement that would allow them to market space to a family restaurant serving beer and wine. They feel this would help them attract a restaurant to the center. Their request is explained in a letter, dated 5 February 2008 (see Exhibit C, attached). A public hearing has been scheduled for 18 March to consider the application. The P.U.D. process includes three steps: 1) concept; 2) development; and 3) final plan. The applicant has requested concept and development stage approvals for the amendment. ANALYSIS/RECOMMENDATION Staff has received a number of resident calls relative to the upcoming public hearing. One of the most frequent questions asks what restaurant is being proposed? The applicant has not specified any certain restaurant. If there is a specific one in mind, they .s t~«1 PRINTED ON RECYCLED PAPER -~ g. S. Memorandum Re: Waterford P.U.D. Amendment 11 March 2008 may wish to provide this information at the hearing. It is not, however, pet-tinent to the application. When the Waterford shopping center was originally approved, a concei~l of residents was that. the restaurant may end up more bar than restaurant if liquor was allowed to be served. Two things probably prechide this from becoming the case. First, the hours for the restaurant are limited to 7:00 A.M. to 11:00 P.M. Secondly, the applicant is only requesting beer and wine licenses. If the Plamiing Commission and City Council agree with the proposed amendment, staff should be directed to prepare an amendment to the Waterford Development Agreement. This would come back to the City Council as the final plan for the application. Cc: Larry Brown Tim Keane P. Palanasami -2- aapaoq ~~uo;auuaW }o ~;i~ peon i~lf-I auin 0 ~ ~ ~ b~'~ObHS ~ ~ ~ Z o ~ 0 o z< ~' ~` N O ~ -3I -A -3f -3I ^~ RD OlD '~ r 7 .~ r,r_ '•`~ / ~ Exhibit A m ~ SITE LOCATION ater or . - On-Sale Liquor Amendment RESOLUTION N0. 100-90 A RESOLUTION APPROVING A REVISED DEVELOPNIENT STAGE PLAN AND PRELIMINARY PLAT FOR WATERFORD 3RD PHASE WHEREAS, the City Council of the City of Shorewood (City} approved the original Development Stage Plan and Preliminary Plat for Waterford 3rd Phase, apart of a Planned Unit Development (PUD) known as "Waterford" ; WHEREAS, Sherman-Boosalis, Inc. (Developer) has now submitted its request for a revised Development Stage Plan and Preliminary Plat for said PUD to include a convenience grocery store with gas pumps and a family restaurant; and WHEREAS, the Developer's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a Memorandum to the Planning Commission, dated 1 August 1990, which Memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 21 August 1990, for which notice was duly published and all adjacent property owners duly notified; and WHEREAS, the matter was considered by the City Council at its regular meeting of 27 August 1990, at which time the Planning Commission recommendations were reviewed, reports were received from the City Staff and comments were heard from various members of the audience; and WHEREAS, after due discussion and deliberation and after consideration of the reports, comments, and recommendations of the City staff, the Planning Commission, and members of the audience, the City Council voted to accept cetain revisions to the Development Stage Plan and Preliminary Plat for Waterford 3rd Phase, and directed the City Attorney to prepare Findings of Fact in accordance therewith, to be presented at the next meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows Exhibit B SHOREWOOD RESOLUTION NO. 100-90 FINDINGS OF FACT 1. That the Council has previously determined that the free-standing gas station originally requested by the Developer was not compatible with the neighborhood commercial development and would have to be replaced with "another commercial activity acceptable to the City. 2. That the Developer now proposes a convenience grocery store as such other commercial activity, with gas pumps as an accessory facility to the convenience grocery store. 3. That the proposed convenience grocery store, incorporated into the west end of the retail center, is compatible with the neighborhood commercial development and is an activity acceptable to the G ity . 4. That the accessory gas pump facility, covered by a canopy attached to the retail center with a continuous roof line, serves as an integrated unit with the grocery store and constitutes an additional convenience to the neighborhood retail center. 5. That two existing restaurants in the immediate area will be displaced as the result of a new intersection to be constructed at Vine Hill Road and Trunk Highway No. 7 within the near future. 6 . That the proposed family restaurant will serve a need in the community and provide an additional convenience to the neighborhood retail center. CONCLUSIONS That the Developer's request for a revised Development Stage Plan for the PUD to include a convenience grocery store with gas pumps and a family restaurant, and the revised preliminary plat submitted therewith, is hereby approved, subject to the following conditions and restrictions: 1. A detailed signage plan shall be submitted by the Developer for approval by the City. Said plan shall set forth specifications for all types of signage including wall, pylon and temporary signs, and the requirements of said plan shall be incorporated into any lease agreements for the property. In no event shall pylons exceed the height of the individual buildings or a height of 20 feet, whichever is less. ' 2. All exterior sales and display racks, equipment, and appliances shall be prohibited, including soft-drink vending machines and ice machines . 3. The hours of operation of the convenience grocery store and gas facility shall be limited to between 6:00 a. m. and 12:00 midnight. The hours of operation of the family restaurant shall be limited to between 7:00 a. m. and 11:00 p. m. ~.. 4: The family restaurant shall not be eligible to apply for any type of liquor license. 5. All site lighting shall be consistent with the Waterford Design Framework Manual, August 1984. Prior to issuance of any certificate of occupancy, lighting shall be tested for compliance. 6. Lighting for the gas operation shall be reduced to one island after 10:00 p. m. 7. The developer shall submit a detailed landscape plan, incorporating earth berms adjoining the service road and large trees along the north perimeter of the site. At least two, five-inch caliper trees shall be required at each of the two westerly entrances to the retail center. All other canopy trees along the retail center shall be a required minimum of three-inch caliper trees . 8. The fuel storage tank for the gas facility shall be of double-wall, fiberglass construction and will conform to State and Federal guidelines . 9. The final plans for parking lot grading and drainage shall be submitted by the Developer for approval by the City Engineer. 10. The two-family residential side yard setbacks for lots abutting streets shall be the same as the front yard setback requirement. ADOPTED BY THE CITY COUNCIL OF THE CIT 10th day of September, 1990. ~ F SHOREt~i'OOD this G L•' A .TEST f ~ ~~ ~~~ .,, ~/~ L~~, vL(,~ ~., Laurence E . Whittaker City A dministrator! C Jerk Roll Call Vote: Ayes - Haugen, Gagne, Stover, Watten Nays - B rancel Jai` Haug'en, Ma -.~ February 5, 2008 Mr. Brad Nielsen Planning Director City of Shorewood 5755 Country Club Road Shorewood. MIST 55331 Dear Mr. Nielsen: RE: Proposed Amendment to the Planned Unit Development for: Waterford Shopping Center 19905 Highway 7 Sharewood, MN As the owner of the Waterford Shopping Center, I have been approached by a number of potential tenants on leasing space at the Waterford for the expressed purpose of adding a restaurant facility to the neighborhood. These tenants have inquired about the covenants regarding the on-sale of wine and beer. When the facility v,~as approved in 1991, as a condition of the Plaimed lima Development, a restriction for the on-sale of spirits was attached. At present, there is a vacancy of 5000 sf and seven tenants including a Lifetime Chiropractic, Curves for Women, Nail Gallery, Marine Plus, Holiday Stationstore and the newest tenant; Cellars Spirits (in the former Shorewood Liquor suite} Manned Unit Development-Concept: With this, we request an amendment to the Planned Unit Development to allow for the on-sale consumption of wine and beer in the proposed restaurant facility. The hours of operation will be limited from 7:00 am to 11:00 pm. The Waterford Shopping Center possesses more than adequate parking for the restaurant. Planned Unit Development-Development: There is approximately 5000 sf available at the Waterford Shopping Center for lease for the proposed restaurant. We attach a generalized floor plan denoting preliminary dining and support areas. Approximately 50% of the space will be utilized for food preparation, storage, office space and restroom facilities. The remaining 50% is sub-divided into dining, sewing stations, waiting and bar areas. The estimated occupancy load for dining can vary from 50 to 100 patrons, depending upon the final layout by the tenant. Exhibit C 5661 International Flory Minneapolis, ~~ 5542 APPLICANT'S REQUEST LETTER For your consideration, we attach the City fees as: $400 far the PUD-Concept and $400 for the PUD-Development (check # 2202} as well as the "Zoning/Subdivision" Application in anticipation for consideration at the March 4 Planning Commission Public Hearings. We are. confident that approval of this amendment will have a positive effect in the attraction of a quality eating establishment for your community. Please call if you have any questions or comments Thank you Sincerely, P. Palanisami, owner Attachment: Sk-1 (preliminary floor plan) Sk-2 (site plan} SE51 International Pkv~y I~~inneapolis, MT~T 55425 ?63-533-9403 (Fax) X63-5 X3..9556 ~ '"~' - - ~ C ~~ i ~~ / ~~ ~' T O ~ O o.~~cn ~ T ~ 0 ~~~ _ i '! ~ vi - ~. ~I € ~ ~- ~' 1 0 ~ i ~ ~ ~ t -~ ~ o ~! `~ " ~' >~~~ __ -~ ~~ - f ~~ ~ ~ v~ oo~~~ VN "~ } ~ »~ ~ I ~ ~ ~~ _ ~ I I V I ~ U J I 3 ~ ~ ~ ~~ J ~ d C C/) -~ cv ~v.^.~a'`v: ~ ~ ~ ~ I ~~~ ~ = a ~ © •ol o °> I ~n qi z ~. r ~ ~ - - to ~ ~~~: ._o a '~ i ~ n m Irr i U O ~ .al v I~ ? ~ - N i V ~ N ~I ~~ ~ ~ Q m ~_. o- c Q 0 0 ~- ~` o ~`aterford Shon~Q Center 19905 Highway 7 Shorewood. MN 55331 I'ropos,°d remadelin~ of Suites D and D~ (approximately ~ 000 sfl Eating establishment to allow the on-sale of wine and beer Conversion of the area includes approximately 50°i° of the space for ~ Food preparation, associated stora¢es and facilities and 50% of the space for customer dining and beverages ~- Z~ Service area includes: Coolers and freezers D and ware storage Galley and food prep Office space Customer and employee restroom facilities ,.- ..: Occupancy: Dining (1400 sfl/20 sflperson=70 customers Z`+ i i 1 i ~ Waterfar~ Center LLP 5661 International Parkway ~I~'~-Et^,.POLIS, ivlL~~~ESOTA 55 (763) 533-4403 ,(~ FAX (763) 533-95$6 ~ .t~ Page 1 of 1 Brad Nielsen From: JAMES HAUSCHILD [hausc001@msn.com] e.. Sent: Wednesday, March 12, 2008 3:01 PM To: Planning Subject: Waterford Center LLP request I'm writing as a nearby resident of Waterford Townhomes and currently serving my fifth year on our association board. Many of my concerns regarding the proposal to allow serving beer and wine beverages at Waterford Center, 19905 Highway 7 have been answered by your planning Director, Bradley J Nielsen per phone conversations. They were: Is the center currently zoned for a restaurant? What would the hours of operation be? Are there stringent codes in place for proper ventilation of a restaurant? Are there stringent codes in place for noise restrictions? Are there stringent codes in place for appropriate refuse disposal? If beer and wine beverages were allowed, would it be under the condition that it is being served with a meal? Waterford Center looks abandoned and seedy. I would welcome the infusion of life in the form of a family restaurant in the empty space only if the above concerns reflect a harmonious integration with our Waterford homeowners immediately south of this center, whose homes and decks overlook the center. However, I am adamantly opposed to a so called stand alone "bar operation" within the restaurant, as part of the restaurant plan. Brenda P. Hauschild 19560 Waterford CT Shorewood, MN 55331 PH: 952-470-6767 3/13/2008 From: hnmarkowitz@aol.com Sent: Friday, March 14, 2008 9:07 AM To: Planning Cc: hausc001 @msn.com Subject: Public Hearing for request of a P.U.D. March 18,2008 March 14,2008 Dear Mr Nielsen, My wife and I live at 19685 Waterford Court, 55331. In response to the request, we wish to make our opinions known. We have no opposition to a restaurant which will serve wine and beer with the meal served. We would be opposed to a "tavern" which would serve wine and beer and coincidently serve food. We also presume that the appropriate regulaltions regarding garbage,trash, operating Hours, and cooking odors will be in place. We are currently out of town and will be unable to attend the meeting. Heenan and Natalie Markowitz 19685 Waterford Court 952-474-6782 Supercharge your AIM. Get the AIM toolbar for your browser. .~~ orew~oo . -- (~ / PLANNING COMMISSION MEETING ~', ~_ ,(~' ~ PUBLIC HEARING NOTICE ~ S ,' :->'_ Who: Waterford Center LLP,19905 Highway 7 ~~`.~F-~`' What: Public Hearing for request of a P.U.D. Atnendtnent Why; The owner of the Waterford Shopping Center located at 19905 Highway 7 has requested an amendment to the Center's Development Agreement so that a restaurant locating to the site would be allowed to serve beer and wine beverages. When: Tuesday, 18 March 2008 at 7:00 P.M. or as soon thereafter as possible Where: Shorewood City Hall, Council Chambers, 5755 Country Club Road Legal Description of property is "Lot 1, Bloclc 1, Waterford Addition". P.I.N. 25-117-23-43-0064 ***See Site Location on Reverse Side *** Verbal and written comments will be considered at the hearing. Anyone having questions relative to this matter may contact the Planning Department by phone at (952) 474-3236, or by fax at (952) 474-0128. Or you may submit your written comments via U.S. Mail to: City of Shorewood c/o Planning Dept. 5755 County Club Road Shorewood, MN 55331 City of Shorewood BRADLEY J. NIELSEN Planning Director /~ ~ ~ ~~ ~~ ~ ~ ,~ ~-~t G+"1d .~'~ ~ ~7. rJo~r1~.~ `~~~ SIT 5755 COUNTRY CC_UB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM DATE: March 20, 2008 TO: Mayor and City Council Members f. FROM: Larry Brown, Acting City Administrator`. ./~ RE: Planning Commission Appointments Earlier this evening, Council interviewed two candidates for one opening on the Planning Commission. The term of the position runs through February 28, 2011. The following candidates were interviewed: • Missy Vilett, 22780 Murray Street • Malinda Schmiechen, 22784 Murray Street Council Action Should appointments be made at tonight's meeting, a motion to adopt a Resolution making Planning Commission appointments is in order. ~ ~ .~. ~ . t ~®p0 PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION MAKING PLANNING COMMISSION APPOINTMENTS WHEREAS, the City of Shorewood has advertised for Shorewood residents to apply to serve on the Planning Commission; and WHEREAS, the City Council did complete the selection procedure for appointment to said Commission. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood hereby makes the following appointments to the Planning Commission effective March 24, 2008, with the term expiration as indicated: Planning Commission: Member Term 1. February 28, 2011 Said appointments complete the seven member Planning Commission which consists of the following additional members: Member Term 2. Bruce Gniffke 3. Scott Schmitt 4. Bob Gagne 5. Thomas W. Geng 6. David B. Hutchins 7. William C. Ruoff February 28, 2009 February 28, 2009 February 28, 2010 February 28, 2010 February 28, 2010 February 28, 2011 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of March, 2008. ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk I'TS' 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 20, 2008 RE: Discussion Regarding Settlement Matter for Ascending Praise Church Pastor Linus Nyambu, Ascending Praise Church, was scheduled to meet with Acting Administrator Brown on Wednesday, March 19th, 2008, to settle the remaining financial obligation outlined in the settlement agreement with the City of Shorewood for damage sustained to the property located at 5795 Country Club Road. Pastor Linus failed to show up to that meeting. At the time of this publication, calls placed to Pastor Linus have not been returned. Council may recall that the settlement amount was $4,000, of which, partial payment of $1,000 has been made. Options that are available to the City Council appear to be: 1. Stop pursuing settlement and release all claims. Council will have to weigh the principles of the issue to determine if legal costs associated with pursuing further collection for the outstanding amount is financially feasible; or if this matter is to be pursued simply as a matter of principle. 2. Continue to try to meet with Pastor Linus and negotiate the best collection efforts. 3. The City can ask and or demand to deal with another representative of Ascending Praise Church. 4. The City can let the issue rest for a period of time and continue to make contact with representatives from Ascending Praise in 30, 60, or 90 days. 5. The Council also has the option of turning the issue over to a collection agency. Staff will present this item on Monday evening for the Council's consideration. ~-~ I ~~~~ ab s®a® PRINTED ON RECYCLED PAPER MEMORANDUM TO: Mayor and City Council Larry Brown, Director of Public Works, Acting Administrator FROM: James Landini, City Engineer DATE: March 20, 2008 RE: Joint Powers Agreement with Minnehaha Creek Watershed District for the Wetland Conservation Act and Department of Natural Resources Work in Public Waters Permit The Riley Purgatory Bluff Creek Watershed District (RPBCWD) has relinquished all pernlit activities. The MN Department of Natural Resources Work in Public Waters permit administration was relinquished officially in February and the City of Shorewood requested an extension until May 1, 2008 for the Wetland Conservation Act administration. At the City Council. meeting on March 10, 2008 the Council approved Resolution #08-022 delegating the Wetland Conservation Act administration to the Minnehaha Creek Watershed District (MCWD) contingent upon adoption of a Joint Powers Agreement. The MCWD has now offered to administer the MN Department of Natural Resources Work in Public Waters permit. The Work in Public Waters permit has fallen back to the Department of Natural Resources as of Feb 25, 2008. The downside with a State agency processing the permits is the additional processing time to Shorewood residents. MCWD administering this process benefits Shorewood's residents with a faster permitting process, and a consistent procedure City wide. Attached is the Joint Powers Agreement for your approval. This Joint Powers Agreement addresses administration of the Wetland Conservation Act and the MN Department of Natural Resources Work in Public Waters Permit administration for the area of Shorewood within the RPBCWD. Recommendation Staff recommends approval of a resolution that adopts the Joint Powers Agreement with Minnehaha Creek Watershed District for the Wetland Conservation Act and Department of Natural Resources Work in Public Waters Permit for the area of Shorewood within the RPBCWD. A resolution is attached for your consj~eration. ~ ~; S®r' PRINTED ON RECYCLED PAPER DRAFT JOINT POWERS AGREEMENT Between the City of Shorewood and the Minnehaha Creek Watershed District This Agreement is made this day of March, 2008, by and between the City of Shorewood, a body corporate and politic and a statutory city in the State of Minnesota ("City") and the Minnehaha Creek Watershed District, a watershed district with purposes and powers as set forth in Minnesota Statutes Chapters 103B and 103D ("MCWD"). Recitals and Statement of Purpose WHEREAS, a majority of the City of Shorewood lies in the Mirulehaha Creek Watershed District, and the MCWD serves as the Local Governmental Unit responsible for administering the Wetland Conservation Act within that area; WHEREAS, the remainder of the City of Shorewood lies in the Riley Purgatory Bluff Creek Watershed District (RPBCWD), and the RPBCWD has affirmatively and voluntarily committed in writing to transfer all local permitting authority, including its responsibility for administering the Wetland Conservation Act, to the City of Shorewood effective December 31, 2007; WHEREAS, the City has requested that the MCWD provide services as the Local Government Unit responsible for administering the Wetland Conservation Act for the entire City, including the area that lies within the RPBCWD; WHEREAS, the RPBCWD previously held General Permit #1997-6113 from the Minnesota Department of Natural Resources, which allowed the RPBCWD to permit certain Public Waters work projects without requiring an individual permit, and the RPBCWD affirmatively and voluntarily requested the withdrawal of this General Permit, and the Department of Natural Resources granted this request on February 25, 2008, effectively immediately; WHEREAS, the MCWD holds General Permit #2001-6009 from the Mimnesota Department of Natural Resources, which allows the MCWD to permit certain Public Waters work projects without requiring an individual permit, and the City has requested that the MCWD exercise this authority for the entire City, including the area that lies within. the RPBCWD; NOW, THEREFORE it is mutually agreed by and between the parties as follows: 1.0 Wetland Conservation Act Administration 1..1 The MCWD will serve as the Local Government Unit responsible for administering the Wetland Conservation Act for the entire City, including the area that lies within the RPBCWD. 1.2 The MCWD will not charge the City for providing these services, but may charge fees to permit applicants, and otheitivise exercise enforcement powers as authorized by law, including Mimnesota Statutes Sections 103D.345, 103G.2242. 2.0 Department of Natural Resources General Permit Administration 2.1 The MCWD will exercise its authority under General Permit 2001-6009 from the Department of Natural Resources for the entire City, including that area that lies within the RPBCWD to regulate riprap shoreline protection, intakes and storm sewer outfalls, retaining walls, excavation for navigation, excavation for wildlife enhancement, excavation for bioengineering, ice ridge removal, and bridges and culvert crossings, pursuant to the MCWD Rules. 2.2 The MCWD will not charge the City for providing these services, but may charge fees to permit applicants, and otherwise exercise enforcement powers as authorized by law, including Minnesota Statutes Section 103D.345. 3.0 Indemnification Each party hereby holds the other party harmless, and agrees to defend and indemnify the other party from and against any and all suits, actions, causes of actions, proceedings, claims, costs and damages arising out of the indemnifying party's action or inaction, except to the extent resulting from an action or inaction of another party or third party for which the other party or third party independently would be subject to liability. 4.0 Termination 4.1 This Agreement maybe ternlinated at any time for any reason by either party upon providing 60 days advance notice in writing. 4.2 The MCWD will terminate the exercise of authority under General Permit 2001- 6009 for the area of the City that lies within the RPBCWD in the event that the RPBCWD obtains a new General Pernlit from the Department of Natural Resources, and communicates in writing to the City and the MCWD that it desires to resume the exercise of such authority within the City. 5.0 Amendment This Agreement maybe amended only by a writing signed by both of the parties. 2 6.0 Notices Any written communication required under this Agreement shall be addressed to the other party as follows, except that any party may change its address for notice by so notifying the other parties in writing: To MCWD: Administrator Minnehaha Creek Watershed District 18202 Minnetonka Boulevard Deephaven, MN 55391 To City: Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By: Its: Approved as to Form and Execution: District Counsel 3 CITY OF SHOREWOOD By: Its: Approved as to Form and Execution: City Attorney CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT FOR WETLAND CONSERVATION ACT ADMINSTRATION AND MN DEPARTMENT OF NATURAL RESOURCES WORK IN PUBLIC WATERS ADMINISTRATION WHEREAS, the Riley Purgatory Bhzff Creek Watershed District relinquished all permitting administration; and WHEREAS, the most economical, efficient and consistent means of administering the Wetland Conservation Act and the MN Department of Natural Resources Work in Public Waters permit is for Minnehaha Creek Watershed District to administer those permitting programs for the area of Shorewood within the Riley Purgatory Bluff Creek Watershed District. WHEREAS, Minnesota State Statute § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. WHEREAS, a Cooperative Agreement has been prepared between the City of Shorewood and the Minnehaha Creek Watershed District for the Minnehaha Creek Watershed District to administer the Wetland Conservation Act and the MN Department of Natural Resources Work in Public Waters permit programs for the area of Shorewood within the Riley Purgatory Bluff Creek Watershed District. WHEREAS, City Council has reviewed said Cooperative Agreement and found it to be in order. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Administrator/Clerk, on behalf of the City of Shorewood, are hereby authorized to enter into the Cooperative ("Joint Powers") Agreement, attached hereto as Exhibit A, with the Minnehaha Creek Watershed District, for administering the Wetland Conservation Act and Department of Natural Resources Work in Public Waters permit programs for the area of Shorewood within the Riley Purgatory Bluff Creek Watershed District. RESOLUTION NO. 08- ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of March, 2008. ATTEST: Christine Lizee, Mayor Lawrence Brown, Acting City Administrator/Clerk