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01-07-13 CC Special Mtg AgendaP CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL SPECIAL MEETING CITY HALL MONDAY, JANUARY 7, 2013 6:00 P.M. AGENDA Attachments 1. ORGANIZATIONAL ITEMS A. Roll Call Mayor Lizee ____ Hotvet____ Siakel ____ Woodruff____ Zerby____ B. Review Agenda 2. APPROVAL OF MINUTES A. December 10, 2012 Executive Session Minutes Minutes B. December 10, 2012 Regular Meeting Minutes Minutes 3. ADJOURN TO CALL TO ORDER 4. CALL TO ORDER A. Oath of Office and Seating of the Council Scott Zerby, Mayor Kristine Sundberg, Council Member Dick Woodruff, Council Member B. Roll Call Mayor Zerby ____ Hotvet____ Siakel ____ Sundberg____ Woodruff____ C. Review Agenda 5. CONSENT AGENDA A. Setting the 2013 City Council Regular Meeting Dates Deputy Clerk’s memo, Resolution B. Travel Policy for Elected Officials Deputy Clerk’s memo 6. GENERAL/NEW BUSINESS A. Council Policies and Procedures Interim Administrator’s memo CITY COUNCIL SPECIAL MEETING AGENDA – JANUARY 7, 2013 Page 2 of 2 B. Making Appointments to Certain Offices and Positions within the City of Deputy Clerk’s memo, Shorewood for the Year 2013 Resolution C. City Administrator Position Interim Administrator’s memo 7. REPORTS/PRESENTATIONS A. Recognition of Service of former Mayor Christine Lizée 8. ADJOURN A majority of City Council may be present at a gathering for Mayor Lizee at the Southshore Center immediately following this meeting. #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL EXECUTIVE SESSION COUNCIL CHAMBERS MONDAY, DECEMBER 10, 2012 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Lizée called the meeting to order at 6:12 P.M. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Woodruff, and Zerby; and, Interim City Administrator Joynes Absent: Councilmember Siakel B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0. 2. CITY ADMINISTRATOR POSITION The purpose of the executive session was to discuss the city administrator position. The session was closed pursuant to Minn. Stat. 13d.05 Subd. 3. Mayor Lizée; Councilmembers Hotvet, Woodruff and Zerby; and, Interim Administrator Joynes were in attendance. 3. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Executive Session of December 10, 2012, at 6:49 P.M. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizée, Mayor ATTEST: William S. Joynes, Interim City Administrator/Clerk #2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, DECEMBER 10, 2012 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizée called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizée; Councilmembers Hotvet, Woodruff and Zerby; Attorney Keane; Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, Interim Engineer Hornby Absent: Councilmember Siakel B. Review Agenda Zerby moved, Hotvet seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 26, 2012 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of November 26, 2012, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, November 26, 2012 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of November 26, 2012, as presented. Motion passed 4/0. C. City Council Special Meeting Minutes, December 3, 2012 Zerby moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of December 3, 2012, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizée reviewed the items on the Consent Agenda. Interim City Administrator Joynes stated Councilmember Woodruff has some issues with some of the language in the Coal Tar-based Ordinance. Therefore, it is appropriate to have additional discussion about that this evening. He then stated Woodruff also had comments on the city staff position descriptions. He explained most of them are not structural but they should be looked at and if appropriate incorporate the changes before Council considers them. He recommended they be continued to the January 14, 2013, regular City Council meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 2 of 9 Councilmember Woodruff stated he thought the position descriptions are 95 percent there. But, there are some inconsistencies between like positions. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 12-075, “A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database (EPDB) Conditional Use Agreement with Hennepin County for the Year 2013.” C. Adopting RESOLUTION NO. 12-076, “A Resolution Authorizing Expenditure of Funds for Laserfiche Software Upgrade.” D. Accept Cash Donation E. Ordinance Prohibiting the Use of Coal Tar-based Driveway Sealants (This was moved to Item 11.A under Old Business.) F. Setting a City Council Special Meeting Date for January 7, 2013 G. City Staff Position Descriptions (This item was continued to the January 14, 2013, City Council regular meeting.) Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS None. 8. PLANNING Planning Commission Hutchins recognized the Public Works Department for the excellent job it did in plowing the roads in the City the last few days after the very heavy snow falls. He then reported on matters considered and actions taken at the December 4, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 3 of 9 A. Conditional Use Permit – Accessory Space over 1200 Square Feet Applicant: Robert Finke Location: 6060 Seamans Drive Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the existing attached garage on the property he and his wife own. The floor area of the new garage, when combined with an existing attached garage, brings the total area of accessory space on the property over 1200 square feet. That requires a conditional use permit (C.U.P.). He displayed graphics showing the location of the existing house, existing garage, pool and the proposed garage which will extend off the south side of the existing garage. The property is zoned R-1A, Single Family Residential and contains 40,084 square feet of area. He explained the existing house contains approximately 2457 square feet of floor area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to 1399.4 square feet. Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space over 1200 square feet. 1. The total area of accessory space (1399.4 square feet) does not exceed the total floor area above grade of the principal structure (2457square feet). 2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R- 1A zoning district (.10 x. 40,000 square feet = 4000 square feet). 3. The proposed garage complies with the setback requirements of the R-1A zoning district. Hardcover is well within the 33 percent maximum amount allowed. The proposed building is 78 feet back from Seamans Drive and only 50 feet is required. It is 26 feet from the side lot line and only 10 feet is required. 4. The new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. Nielsen explained that two existing trees on the south side of the existing garage will be replaced with two ornamental trees. He noted the lot is well screened already; there are plenty of trees in existence. Nielsen stated in light of those things the Planning Commission recommended the conditional use permit be granted as submitted. Councilmember Zerby stated he thought the Planning Commission did a nice job with this and that Director Nielsen summarized it very well. Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 12-078, “A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Robert Finke, 6060 Seamans Drive.” Motion passed 4/0. B. Smithtown Road (West) Trail Project – Frequently Asked Questions Director Nielsen stated the meeting packet contains a copy of the frequently asked questions (FAQs) asked during the November 15, 2012, open house about the Smithtown Road West Trail segment as well CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 4 of 9 as questions received via the City’s website and the proposed responses to those questions. He noted the comments received were not included. The Planning Commission has recommended the FAQs and responses be published on the website. He reviewed the changes the Commission recommended to them when it discussed the responses. He noted that one of the questions asked most frequently was if the property owners were going to be assessed for the Trail project. He clarified that is not the intent. He explained there were also questions about where the money was going to come from. To date discussion has been about funding it with funds from the Community Infrastructure Fund (a large portion of the balance in the CIF includes funds from the City’s former liquor operations and sale of those operations), Municipal State Aid funds, funds in the Stormwater Management Fund (that would pay for stormwater improvements that would be made in conjunction with the project), and possibly grants. Mayor Lizée stated she thinks it is a great idea to post the questions and answers on the City’s website. The more the public feels engaged with something the more likely they are to support it. She then stated if the City receives additional questions she asked if they along with a response to them will be published as well. Director Nielsen stated they would be. Councilmember Zerby stated he agrees that it would be a great idea to post the questions and answers, and he encouraged that process be incorporated in the process for future projects. Woodruff moved, Zerby seconded, directing Staff to publish the frequently asked questions and responses about the Smithtown Road (West) Trail segment on the City’s website. Motion passed 4/0. Councilmember Woodruff stated he has received questions about the timeline for the project. He suggested a summary of the major steps also be published on the website. C. Smithtown Road (West) Trail Segment – Authorize Plans, Specifications and Estimate Director Nielsen reviewed the milestone schedule for the Smithtown Road (West) Trail project that was developed by former Engineer Landini that have to be met to make a June 2013 construction start. Order Feasibility Study September 10, 2012 (done) Order and Submit Wetland Delineation September 24, 2012 (done) Schedule Open House September 24, 2012 (done) Accept Feasibility Study November 13, 2102 (done) Hold Open House November 15, 2012 (done) Order Right-of-Way (ROW) Acquisition and Appraisals November 26, 2012 (done) (the timeline is extremely short; it normally takes a year) Order Plans, Specifications and Estimates December 10, 2012 Order Quick-Take Eminent Domain February 25, 2013 Accept Plans, Specifications & Estimates, Advertise for Bids March 11, 2013 Permit Applications March 25, 2013 Open Bids April 8, 2013 Contract Signatures May 13, 2013 Pre-Construction Meeting May 28, 2013 Take Possession of ROW, Break Ground on the Project June 10, 2013 Director Nielsen stated this will be fleshed out as the project moves forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 5 of 9 Mayor Lizée noted the dates are Council meeting dates. Director Nielsen clarified with the exception of the bid opening date. Councilmember Woodruff suggested publishing this on the City’s website after the acronyms have been explained, and clarifying how a milestone is marked as complete. He also suggested that a pro-forma project end date be added. Councilmember Hotvet asked that the milestone for holding the open house be added to the published list being it was not on the list displayed on the screen presented this evening. Councilmember Woodruff stated he is a little concerned about authorizing an expenditure of quite a bit of money before understanding the issues with acquiring the ROWs and easements. If major issues are encountered the City may have spent money on a project that does not come to fruition. He noted that he understands that if the goal is to construct the Trail in 2013 there is no other way to do it. Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 12-079, “A Resolution Ordering Improvement, and Authorizing WSB & Associates to prepare Plans, Specifications and Estimates, City Project 13-04 Smithtown Road (West) Trail Segment.” Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS Mayor Lizée introduced Paul Hornby, the Interim City Engineer, who works for WSB & Associates. She noted he has a long history with the City on many projects. She welcomed him. Mayor Lizée thanked Public Works personnel for the terrific job they did plowing the streets. Discussion moved to Item 10.B on the agenda. 10. GENERAL/NEW BUSINESS A. Approval of the 2013 Capital Improvement Program and Enterprise Budgets Director DeJong expressed his appreciation for Mayor Lizée’s tenure and leadership. Director DeJong explained this evening Council is being asked to adopt the 2013 – 2032 Capital Improvement Program (CIP). That is the plan for all of the capital expenditures the City intends to make over the next ten years. They are for items such as: park structures, facilities and improvements; infrastructure improvements for streets, sewer lines, watermain and stormwater management; and, technology; and equipment. Council has had several discussions about the CIP throughout the fall. All of changes requested by Council have been incorporated. Council is also being asked to adopt the Southshore Community Center Budget and the Enterprise Budgets (Water, Sewer, Recycling and Stormwater Management). In addition Council is being asked to authorize Staff to purchase 10 items included in the Staff report without additional Council approval. DeJong then explained the Enterprise Funds have sufficient cash to run the operations in 2013. In early 2013 Council and Staff will have discussions about how to make them self-sufficient for the long term. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 12-080, “A Resolution Adopting the 2013-2022 Capital Improvement Program, 2013 Enterprise Budgets, and Southshore Community Center Budget”, and authorizing Staff to move forward with the following projects CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 6 of 9 without additional Council authorization: Freeman Park – Eddy Station – Siding Replacement ($8,500), Manor Park – Versa-Court Tennis Surface ($30,000), Replace Unit 21 – 24-Foot Trailer ($16,000), Blower Attachment for Skid Steer ($12,500), Trailer 12-Foot to Replace Unit 69 ($4,000), Broom Attachment – Skid Steer to Replace A13 ($3,000), Street Sign Replacement ($6,300), Public Works Building – Exterior Caulking ($4,000), Color Copier Replacement ($9,000), Computer Work Station Upgrades and Replacement not including Windows 8 and Microsoft Office software ($10,000). Motion Passed 4/0. Discussion moved to Item 11.A on the agenda. B. Investigation of Senior Commissions This was discussed after Item 9 on the agenda. Interim City Administrator Joynes explained that Councilmember Zerby had asked Staff to investigate the possibility of creating a commission/advisory board on aging. Staff has been investigating what other communities do and what different provisions would be. He noted that Zerby asked this item be placed on the agenda this evening for Council discussion. Councilmember Zerby stated he has done some research on this topic. He has become aware that some cities in Carver County have created senior commissions to help discuss topics in the community related to the aging population. He explained the aging population is growing quite quickly. Being aware of some of the challenges there are at the Southshore Community Center (SSCC) and of the changing needs of the senior population, a senior commission / advisory board seems like it may be a good thing for the City to consider. Such a group could provide a senior perspective on and what could be done to improve the use by seniors. He thought this could benefit the City as a whole. He noted this type of group seems to benefit the nearby cities to the south and west. He asked Council if it has interest in exploring this further. Councilmember Hotvet stated there may be value in having representatives from other South Lake cities as part of the group. That way there could be collaborative community representation. Councilmember Zerby stated he thought that is a great idea, but he is not sure how it would be implemented procedurally. Zerby noted he would be interested in finding out how that could work. Councilmember Woodruff noted he was loathed creating another commission. He stated all of the things seniors would provide input on would in some way tie into the Planning Commission’s charter. He thought that would be the place to put this and the Commission can augment its discussions with input from other people. He then stated he would like to know more about what other cities are doing, and what the charters are for their groups. He went on to state that a few years ago he had a conversation with the former manager of City of Wayzata. At that time the Wayzata provided low interest rate loans to people to help them maintain their homes. That may be something to consider. Councilmember Zerby stated those were good comments. He then stated Communications Coordinator Moore has provided him with some of that information. Interim City Administrator Joynes stated Staff will provide Council with a packet of information about what it has found out to date. He noted that this would tie to deliberations about what the future of the SSCC is going to be. Councilmember Zerby stated there are a lot of subjects that seniors could weigh in on that go beyond planning. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 7 of 9 Councilmember Hotvet stated she likes a grass roots approach. Mayor Lizée stated this is very timely when considering the demographics. She liked the idea. She also liked Councilmember Hotvet’s idea of engaging the other South Lake communities. Residents move in, around and through those communities. Discussion returned to Item 10.A on the agenda. 11. OLD BUSINESS A. Ordinance Prohibiting the Use of Coal Tar-based Driveway Sealants This was removed from the consent agenda at Councilmember Woodruff’s request. Councilmember Woodruff stated he thought the proposed Ordinance was somewhat confusing. The confusion comes from the use of “undiluted coal tar” and then just “coal tar”. Also, there is a lack of explanation of what undiluted coal tar is. He recommended that be clarified and explained. It needs to be tightened up so people know what they cannot sell, buy or use. He suggested using the language in State Statute to tighten the language up. Councilmember Zerby stated that technically people can buy all the coal tar-based sealant they want they just cannot use it. Councilmember Hotvet asked if Staff used the Minnesota Pollution Control Agency (MPCA) language as a model. Attorney Keane stated former City Engineer Landini generated the draft from the State model and it was paired down substantially. Councilmember Woodruff stated he hoped the State did not use undiluted coal tar and coal tar interchangeable. He then stated he spoke to Interim City Administrator Joynes about how to educate people on what this means. He went on to state he understands that the benefit of having such an ordinance is that the City would be able to apply for grants to clean up contaminated sediment ponds. Mayor Lizée suggested Council approve the revised Ordinance during its January 14, 2013 Council meeting. Interim City Administrator Joynes asked Director Brown if waiting to approve the Ordinance will be a problem when it comes to applying for grants. Brown responded he does not think so but he will verify that. Councilmember Woodruff stated he thought it had to be approved by June 30, 2013. Councilmember Zerby noted that the language in the proposed Ordinance is the same as in the MPCA’s ordinance. Director Brown explained this Ordinance was modeled after a number of ordinances passed by other communities. He noted “undiluted coal tar” and “coal tar” have been used interchangeably. He stated under Section 908.04 Exemptions Subd. 1 states “The provisions of this ordinance shall only apply to use of undiluted coal tar based sealer in the City and shall not affect the use of asphalt-based products within the City.” He then stated consistency would be the better route to go. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 8 of 9 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Administrator Position Interim City Administrator Joynes stated that during Council’s January 7, 2013, special meeting the new Mayor and two elected Councilmembers will be sworn in. During that meeting a number of annual appointments will be made. Staff will provide Council with a list of what those appointments well be prior to that meeting. Joynes then stated that prior to this meeting Council had an executive session about the city administrator position. Council had been provided with a list of applicants for the position. Council asked him to submit th a proposal for continuing to provide services. He expects Council will discuss that during the January 7 meeting. He noted that he will advise all of the people who have applied of the timeframe. 2. Organizational Meeting Items This was discussed as part of Item 12.A.1. Other Director Brown explained that Hennepin County has made available a tool called WebEOC to cities in the County. The first emergency declared since that was implemented was this past weekend’s snow emergency. A number of staff used that for that emergency. That tool sets the proper response for those types of events. He noted that he was thankful the County made that tool available. Mayor Lizée thanked Director Brown for his dedication to and time commitment to emergency management training he has undertaken and for his collaboration with South Lake public safety officials and the other South Lake Public Works Departments, B. Mayor and City Council Councilmember Woodruff stated he was sad to inform people that former council member Laura Turgeon th passed away on December 8 after a short illness. There will be a visitation from 10:00 A.M. – NOON th and a service at Noon on December 15 at Huber Funeral Home in Eden Prairie. Councilmember Zerby stated he attended the Excelsior Fire District (EFD) Board meeting on November O 28, 2012. The main topic of discussion was EFD Chief Gerber’s 360 performance review. The Chief received close to a rating of 5 out of 5. He noted that the South Lake cities are lucky to have Chief Gerber in his position. Gerber is one of the best. Mayor Lizée stated this is her last regular meeting as Mayor of the City of Shorewood. She thanked the community for its support of Council during her fourteen years as an elected official. She expressed her pleasure for being able to work with staff and stated that she has gotten to know them well. She then stated that it has been a pleasure to work with this City Council. She noted that she has enjoyed every day of her job as an elected official. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 10, 2012 Page 9 of 9 13. ADJOURN Lizée moved, Zerby seconded, Adjourning the City Council Regular Meeting of December 10, 2012. Following are Councilmember Zerby’s remarks about Mayor Lizée’s contributions to the City of Shorewood and the surrounding community. I would like to take just a brief moment to thank Mayor Lizée for fourteen amazing years of service as both a two-term Councilmember and a three-term Mayor. Her dedication to the City of Shorewood and the surrounding community has been beyond any call of duty. During her service she has been an instrumental as a tough protector of our natural resources through tough aquatic invasive species management and substance control measures, including a state-wide ban on residential phosphorus lawn fertilizers. She has been a steward of our civic responsibilities by creating fair and just ordinances such as the recent ones for domestic partnerships and the social host ordinance recently. She helped build and improve the City’s infrastructure so that will carry the City forward for the next fifty years. That also including building two new fire stations, a modern police facility, two new parks, and most importantly adding flush toilets to two parks. Mayor Lizée worked with eleven different City Council members, dozens of planning and park commissioners as well as numerous mayors and city administrators, watershed officials and so on. She connected with the more than 7,300 residents of Shorewood in so many ways. Mayor Lizée, thank you for your time and more importantly for all of the love you have given to your City. We are a better place for your involvement. Thank you! Meeting adjourned at 7:53 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizée, Mayor William S. Joynes, Interim City Administrator/Clerk #5A MEETING TYPE City of Shorewood Council Meeting Item Special Meeting Title / Subject: Setting the Year 2013 Regular City Council meeting schedule Meeting Date: January 7, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Bill Joynes, Interim City Administrator Attachments: Resolution Background: This is a routine organizational item which requires that Council adopt a resolution setting the Year 2013 ndth City Council meeting schedule for the 2 and 4 Mondays of each month. Should a meeting fall on a holiday, Council should give sufficient notice as to the alternate meeting date. The following meeting dates fall on a holiday: Monday, May 27, Memorial Day and Monday, November 11, Veteran’s Day . Staff suggests alternate meeting dates of Tuesday, May 28 and Tuesday, November 12. Options: nd 1)Adopt a Resolution Setting the Year 2013 Regular City Council meeting schedule for the 2 and th 4 Mondays of each month, with alternate meeting dates for the holidays as suggested. 2)Adopt a Resolution Setting a different meeting schedule as determined by Council. Recommendation / Action Requested: Adopt the Resolution as provided, Setting the Year 2013 Regular City Council meeting schedule for the ndth 2 and 4 Mondays of each month; with alternate meeting dates for the holidays as suggested. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 CITY OF SHOREWOOD RESOLUTION NO. 13-001 A RESOLUTION SETTING THE 2013 REGULAR COUNCIL MEETING SCHEDULE FOR THE CITY OF SHOREWOOD WHEREAS , Minnesota Statutes require that council must keep a schedule of its regular meetings on file at its primary office; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: For the Year 2013, the Regular City Council meetings will be scheduled on the 2nd and 4th Mondays of each month and shall be held in the Council Chamber of the Shorewood City Hall, 5755 Country Club Road, Shorewood, MN. Should a Regular City Council meeting fall on a holiday, the Council will give sufficient notice as to the alternate date for the meeting. The following alternate meeting dates have been set: Tuesday, May 28 due to the Monday, May 27, Memorial Day Holiday Tuesday, November 12, due to the Monday, November 11, Veteran’s Day Holiday ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 7th day of January, 2013. ________________________________ ATTEST: Scott Zerby, Mayor _________________________________________ William S. Joynes, Interim City Administrator/Clerk #5B MEETING TYPE City of Shorewood Council Meeting Item Special Meeting Title / Subject: Out of State Travel Policy for Council Meeting Date: January 7, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Bill Joynes, Interim City Administrator Attachments: Resolution 06-004 Background: In 2005 the Legislature acted to require that beginning in 2006, the governing body of each local government must have a policy that controls travel outside of Minnesota for the applicable elected officials. The policy must be voted on for initial adoption, and then reviewed annually. The policy must specify: 1)when travel outside the state is appropriate 2)applicable expense limits, and 3)procedures for approval of the travel Council adopted Resolution 06-004 (attached) stating its policy in 2006. It was developed on the basis that at least within recent history, members of Shorewood City Council have hardly ever traveled outside of Minnesota on City business or for training and development opportunities for their roles as council members. The City Council has neither encouraged nor discouraged out-of-state travel related to City business for its members. Annual budgets for the City Council have included funds under “travel, conferences, and schools” so that all council members may attend functions and conferences throughout Minnesota. Recommendation / Action Requested: Review of the attached Travel Policy. No action is required unless the City Council makes amendments to the policy. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 06 - 004 A RESOLUTION ESTABLISHING A POLICY FOR OUT-OF-STATE TRAVEL BY MEMBERS OF THE CITY COUNCIL WHEREAS, an Act by the Minnesota Legislature in 2005 imposes an obligation on cities to establish an official travel policy for elected officials; and WHEREAS, the policy must address: (1) when travel outside the state is appropriate; (2) applicable expense limits; and (3) procedures for approval ofthe travel; and further must be reviewed and voted upon annually by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the following policy for out-of-state travel for members of the City Council is hereby established: Purpose: The City of Shorewood recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events, and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines: 1. The event, workshop, conference, or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: . Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the mayor or council member. . Whether the elected official will be meeting and working with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. . Whether the elected official will be viewing a facility or function that is similar in nature to one that is currently operating at, or under consideration by, the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. . Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship, such as a "sister city" relationship. . Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or otherwise to meet with federal officials on behalf of the City. . Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City may make payments in advance for airfare, lodging, and registration if specifically approved by the Council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs as follows: a) Airfare will be reimbursed at the coach rate. b) Mileage will be reimbursed at the IRS rate. If two or more council members travel by car, only the driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary to conduct City business. c) Lodging and meal costs are limited to those which are reasonable and necessary. d) Receipts are required for lodging, airfare, parking, and meals and should accompany an expense report form. It is not necessary to have receipts for public transportation, cabs and tips. The expense report shall be submitted to the City Clerk or Finance Department for payment. e) The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses included in the cost of registration, or recreational expenses such as golf or tennis. 5. Exceptions to this policy can be made by majority vote of the City Council. 6. This policy shall be reviewed by the City Council at its first meeting in January of each year, and amendments to the policy must be made by Resolution of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE\V, January, 2006. Attest: Woody Love, Mayor #6A MEETING TYPE CITY OF Special Meeting SHOREWOOD January 7, 2013  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Date: January 2, 2013 To: Mayor and City Council Members From: Bill Joynes, Interim City Administrator Re: Council Policies and Procedures _____________________________________________________________________________________ Mayor Zerby has asked for Council consideration of an amendment to revise the existing “City Council Policies and Procedures” policy adopted on September 4, 2009. The revisions call for the elimination of language in sections 3.6 and 6.2 pertaining to the vote required of Council to override a decision by the Mayor on the conduct of a formal City Council Meeting. The revision that was passed in 2009 deviated from standard “Roberts Rules of Order” procedures and this amendment would bring the City back into alignment with that standard process. Adhering to Robert’s Rules, overriding the convener’s decision on conduct of the meeting would require a 2/3 majority of the Council, that being four out of five votes. Language that is proposed for deletion has been highlighted in the attached document. #6B MEETING TYPE City of Shorewood Council Meeting Item Special Meeting Title / Subject: Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2013 Meeting Date: January 7, 2013 Prepared by: Jean Panchyshyn, Deputy Clerk Reviewed by: Bill Joynes, Interim City Administrator Attachments: Resolution Background: This item requires Council to adopt a resolution making the Year 2013 appointments to certain offices and positions within the city. Below are the 2012 appointments. It should be noted that at its October 22, 2012 meeting, Council nominated Councilmember Hotvet to serve as the City’s representative to the Minnetonka Family Collaborative Council. This appointment has been included on the attached Draft Resolution for Council to determine the 2013 appointments. The City Council adopted Resolution No. 11-064, appointing Mark Sylvester to the Lake Minnetonka Conservation District Board through 1/31/2014. The City is accepting letters of interest from residents to serve on the Lake Minnetonka Communications Commission (LMCC) and the Minnetonka Community Education (MCE) Advisory Council. To date, Mr. Tad Shaw, the current MCE Representative, has expressed an interest in continuing in this position, and one candidate has come forward expressing an interest in the LMCC position. It is anticipated LMCC candidate interviews will be scheduled for January 14, prior to the Regular City Council meeting. The following identifies the Year 2012 appointments: 1.That the following persons are appointed to the following offices and positions: a.Acting Mayor: Scott Zerby Council Representatives to: b.Park Commission Liaison: January – June 2012: Richard Woodruff July – December 2012: Debbie Siakel c.Planning Commission Liaison: January – June 2012: Laura Hotvet July – December 2012: Scott Zerby d.Metro Cities (AMM): Richard Woodruff Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership.Page 1 e.Alternate Metro Cities (AMM): Brian Heck f.Lake Minnetonka Communications Commission: Scott Zerby g.Alternate Lake Minnetonka Communications Commission: Debbie Siakel h.Coordinating Committee South Lake Minnetonka Police Department: Mayor i.Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: Debbie Siakel j.Excelsior Fire District Board Member: Scott Zerby k.Alternate Excelsior Fire District Board Member: Laura Hotvet l.Investment Committee: Suspend m.Personnel Committee: Christine Lizée and Debbie Siakel n.Weed Inspector: Mayor o.Assistant Weed Inspector: Joe Lugowski 2.That the following other appointments are made: a.Minnehaha Creek Watershed District Liaison: Resident b.Riley Purgatory Creek Watershed District Liaison: Jeff Arnold c.Lake Minnetonka Conservation District Board: Mark Sylvester (1/1/12-1/31/14, Resolution No. 11-064) d.Lake Minnetonka Communications Commission: Ken Hendrickson (1/1/12--1/31/13, Resolution No. 12-007) e.Minnetonka Community Education: Tad Shaw (1/1/11 – 12/31/12 Resolution No. 11-002) f.City Attorney: Timothy J. Keane g.City Prosecutor: Ken Potts h.Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey 3.Official Depositories: Beacon Bank, 4M Fund & other Depositories as necessary 4.Official Newspaper: Sun Sailor. Notices may also be published in the Laker. 5.That the Blanket Bond (Official Bonds) is approved. Options: Mayor Zerby has provided his suggestions for appointments. A draft resolution is provided for Council to identify Year 2013 appointments for approval. Mayor’s suggestion for appointments Acting Mayor: Debbie Siakel Parks Jan-June - Debbie Siakel Jul-Dec - Kristine Sundberg Planning Jan-June - Laura Hotvet Jul-Dec- Dick Woodruff Metro Cities - Dick Woodruff - Alternate - Bill Joynes LMCC - Scott Zerby Police - Scott Zerby - Alternate - Laura Hotvet Fire - Debbie Siakel - Alternate - Dick Woodruff Investment Comm. - none Personnel Comm. - Debbie Siakel/Dick Woodruff Weeds - Scott Zerby - Asst. Joe Lugowski Mtka Family Collaborative - Laura Hotvet Others - MWCD - TBD (Paul Horner?) Riley Creek - TBD LMCD - Mark Sylvester LMCC - TBD MCES - Tad Shaw City Att. - Tim Keane City Pros. - Ken Potts Emer. Prep. - Bryan Litsey Bank - Beacon Bank, 4M Fund, etc. Off. Paper - Sun Sailor. Laker optional in addition. Blanket Bond approved. CITY OF SHOREWOOD RESOLUTION NO. 13-002 A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 2013 WHEREAS , it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1.That the following persons are appointed to the following offices and positions: a.Acting Mayor: ____________________ Council Representatives to: b.Park Commission Liaison: January – June 2013: ___________________ July – December 2013: ___________________ c.Planning Commission Liaison: January – June 2013: _____________________ July – December 2013: ________________________ d.Metro Cities (AMM): _____________________________ e.Alternate Metro Cities (AMM): City Administrator f.Lake Minnetonka Communications Commission: _______________ g.Alternate Lake Minnetonka Communications Commission: _________ h.Minnetonka Family Collaborative Council: Laura Hotvet i.Coordinating Committee South Lake Minnetonka Police Department: Mayor j.Alternate to Mayor on Coordinating Committee South Lake Minnetonka Police Department: _______________________ k.Excelsior Fire District Board Member: _____________________ l.Alternate Excelsior Fire District Board Member: _______________ m.Investment Committee: ____________ _ , ________________ n.Personnel Committee: ____________ ___and ________________ o.Weed Inspector: Mayor p.Assistant Weed Inspector: Joe Lugowski 2.That the following other appointments are made: a.Lake Minnetonka Conservation District Board: Mark Sylvester (1/1/12 - 1/31/14, Resolution No. 11-064) b.Lake Minnetonka Communications Commission: ___________________ c.Minnetonka Community Education: ___________________ d.City Attorney: Timothy J. Keane,Malkerson Gunn Martin LLP e.City Prosecutor: Ken Potts f.Emergency Preparedness Director: SLMPD Police Chief Bryan Litsey 3.Official Depositories: Beacon Bank, 4M Fund & other Depositories as necessary 4.Official Newspaper: Sun Sailor. Notices may also be published in the Laker. 5.That the Blanket Bond (Official Bonds) is approved. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 7th day of January, 2013. __________________________ ATTEST: Scott Zerby, Mayor ___________________________________________ William S. Joynes, Interim City Administrator/Clerk #6C MEETING TYPE CITY OF Special Meeting SHOREWOOD January 7, 2013  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Date: January 2, 2013 To: Mayor and City Council Members From: Bill Joynes, Interim City Administrator Re: City Administrator Position _____________________________________________________________________________________ At its meeting on December 10, 2012, the Council requested that I submit a proposal to continue administrator services for the City for a minimum period of two years, generally under the same arrangement that currently exists in the “Interim” contract. That proposal is attached and has been reviewed by the City Attorney and the Personnel Committee and is forwarded to Council for consideration. The agreement continues the employment relationship in terms of time commitment and assigned duties at a slightly reduced hourly rate. It also stipulates that the position is employed under a personal services contract and that the administrator will be exempt from receiving standard city employee benefits. I have greatly enjoyed my work with the City and if the Council so chooses would be honored to continue for the duration of the proposed contract. Options  A motion approving the attached Agreement for Professional Services - City Administrator  Direct Staff as to how Council wishes to proceed CITY OF SHOREWOOD Agreement for Professional Services City Administrator This professional services contract (the “Agreement”) is made and entered into this ____ day of January 2013 between Midwest Government Advisors, a Minnesota limited liability company (“MGA”) 1795 Medina Rd., Long Lake, MN 55365, and the City of Shorewood, Minnesota, a Minnesota municipal corporation (the “City”). Recitals 1. The City is a municipal corporation organized under the laws of the State of Minnesota; and 2. The City has determined that it is in the best interests of the City and its citizens to contract for City Administrator services consistent with Minnesota Statutes; and 3. MGA by and through its manager, William S. Joynes, has the capacity to provide the City with City Administrator services; and NOW THEREFORE, in consideration of the mutual covenants and conditions set fort below, the parties agree as follows: Article I Purpose The purpose of this City Administrator Agreement is to establish the rights and obligations of the parties whereby MGA will provide City Administrator services to the City. Article II Term The term of this Agreement shall be through December 31, 2015, or such completion date as mutually agreed by the parties. The parties may renew this Agreement for successive one- month terms by amending the Agreement in writing any time prior to the expiration of the current term. Article III Termination This Agreement may be terminated by the City during the first twenty-four months upon payment to MGA a single payment in the amount of $45,000.00. Thereafter, this Agreement may be terminated by either party by providing fourteen (14) days written notice delivered at the parties address written above. Upon termination under this provision, if there is no fault of MGA, MGA shall be paid for services rendered and reimbursable expenses until the effective date of termination. 1 {149250.DOC-3 12/7/2012} Article IV Scope of Services MGA will engage William S. Joynes (“Joynes”) as City Administrator who will assume all duties, powers, responsibility and obligations of the position of City Administrator consistent with the laws of the State of Minnesota, subject to the direction of the City Council. Such services shall be provided to the City based upon Joynes rendering 25-30 hours of services per week. The schedule of office hours shall be at least three days per week and further agreed upon by both parties. The services shall include, but not be limited to:  Normal and customary duties of a City Administrator performed to the standards established by the ICMA; and  Advice and consultation to City Council and staff relating to establishing council goals and policies; and  Management of City Staff, execution of City goals and policies at the direction of council; and  All other tasks and duties as determined by the council to be in the best interest of the City, as outlined in the attached job description. Article V Cost of Service The City agrees to pay MGA for services at the rate of $70/hour, together with a monthly insurance stipend in an amount equal to the amount contributed by the City to customary city employees. The annual hourly compensation for each calendar year under this Agreement shall not exceed $95,000 without the mutual written agreement of the parties. Article VI Expenses The City shall reimburse MGA for customary out-of-pocket expenses incurred in the normal course of discharging its services under this Agreement. Article VII Method of Payment MGA will invoice the City and the City shall remit payment to MGA on a monthly basis for professional services performed under this Agreement. Article VIII Employment Status and Control of Work At all times and for all purposes herein, MGA and Joynes are independent contractors. Reporting and work direction for the City Administrator will be provided by the City Council. 2 {149250.DOC-3 12/7/2012} Article IX Insurance and Liability a.Insurance - The City agrees to provide MGA the following liability coverages: (1) Commercial general liability with a minimum liability limit of $1,500,000 per occurrence; and (2) Automobile liability, including owned, hired, and non-owned automobiles with a minimum liability limit of $1,500,000 per occurrence. Said liability coverage shall be through the League of Minnesota Cities Insurance Trust (LMCIT) using standard LMCIT liability coverage forms or from a reputable insurance company authorized to do business in Minnesota. The City agrees to name MGA as an additional insured for the purpose of execution of duties of the City Administrator. b.Liability - The City agrees to defend and indemnify MGA and Joynes from and against all claims, actions, damages, losses, and expenses arising out of MGA performance of failure to perform its duties arising under this Agreement. Article X Ownership of Work Product All work documents, ideas, products, plans, analyses, reports and information generated by MGA in connection with the performance of this Agreement shall be the property of the City. The City may use the work product for its purposes. Article XI General Provisions a. Amendments – Any modification or amendment of this Agreement shall be in writing and signed by both parties. b.Governing Law – This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. c.Captions – Any captions or heading contained in this Agreement are included for convenience only and form no part of the agreement between the parties. d.Saving Clause – If any court finds any portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. In witness whereof, the parties by their signature cause this Agreement to be approved. Midwest Government Advisors City of Shorewood _____________________________ ______________________________ By: William S. Joynes By: Scott Zerby Its: Manager Its: Mayor 3 {149250.DOC-3 12/7/2012} November, 2012 ______________________________________________________________________________ POSITION TITLE: City Administrator DEPARTMENT: Administration ACCOUNTABLE TO: City Council SUPERVISES: All City Employees ______________________________________________________________________________ OBJECTIVE AND SCOPE Responsible for planning, organizing, directing and coordinating the daily operations of all City departments and functions including administration, finance, planning, engineering, public works/utilities, parks, and City facilities. Provides information and support to the City Council and advisory commissions and serves as Executive Director of the Economic Development Authority. ESSENTIAL FUNCTIONS OF THE POSITION A.Plans and directs the general administration of City services 1. Plans, organizes and directs City affairs to ensure a coordinated and efficient effort to meet the goals and objectives established by the City Council and various Boards and Commissions. 2. Monitors operations to ensure compliance with applicable laws, regulations, rules, policies and ordinances. 3. Plans, develops and implements administrative policies, rules, regulations, and procedures. 4.Implements, interprets and applies City Council actions, directives and policies. 5.Ensures that public services are efficiently provided and that all outside requests and complaints are effectively handled. 6.Directs communication activities to keep the public informed of City plans and operations. November 2012 1 B. Provides effective support to the City Council 1. Recommends the establishment of goals, programs and objectives and prepares reports to the City Council. 2. Attends and participates in all City Council meetings, and meetings of other City groups as appropriate. C. Keeps abreast of developments in municipal operations 1. Represents the City in local, regional, and state meetings, and in community group functions as delegated by the Council. 2. Cooperate with other governmental units and municipalities on matters of mutual interest. 3. Plans, directs and coordinates the administration of the Economic Development Authority. 4. Serves as City’s representative and liaison to public safety organizations as designated by the City Council. D. Oversees implementation of financial and fiscal planning in the City 1. Oversees the preparation of operations and capital budgets, including recommendations for tax levies and utility rates and submits to City Council for consideration. 2. Oversees all fund management and investment activities per Council directives. 3. Works with Finance Director to ensure effective accounting practices to properly control financial assets and provide accurate information for financial planning. 4. Manages the expenditures of established budgets and reports to Council on budget status at least quarterly. E. Plans, develops and directs personnel programs, policies and procedures 1. Administers the Personnel Policy, Position Classification and Compensation Plan. 2. Recommends employee benefits and personnel policy programs and coordinates all phases of personnel administration including direct control over the maintenance of personnel files. 3. Negotiates and implements City Contracts including labor contracts and contracts for services. November 2012 2 4. Represents management in negotiating collective bargaining agreements. F. Supervise City Clerk Functions 1. Supervises City Clerk functions including record keeping, minutes, legal notices, agendas, and meeting packet preparation. Supervises the administration of elections, including training, hiring judges, organizing polling sites, and maintenance of files. 2. Oversees the preparation of agendas and supporting data for all Council meetings. 3. Develops, drafts and oversees the preparation of ordinances, resolutions and policies for City Council consideration and implementation. G.Performs other duties as apparent or assigned. SUPERVISORY RESPONSIBILITIES Responsible for the overall direction, coordination, and evaluation of the City. Carries out supervisory responsibilities in accordance with City policies and applicable laws. Responsibilities include recruiting; interviewing; training; planning, assigning, and directing work; evaluating performance; rewarding and disciplining; suspending; transferring; promoting; demoting; adjusting grievances; addressing complaints and resolving problems of employees. Responsibilities also include the ability to effectively recommend hiring and discharging employees. EDUCATION and/or EXPERIENCE Bachelor's degree (B.A.) in Public or Business Administration or related field; four years experience working with local government; or equivalent combination of education and experience. A Master’s degree in Public Administration (M.P.A) or related field is preferred. OTHER KNOWLEDGE, SKILLS AND ABILITIES  Ability to read, analyze, and interpret documents, procedure manuals, plans and specifications, contracts, codes, statutes, ordinances and resolutions, technical journals, financial reports and legal documents.  Ability to prepare contracts, ordinances, resolutions, policies, reports and correspondence.  Ability to communicate effectively both orally and in writing with elected and appointed officials, staff, other public officials, volunteer departments, and the general public.  Ability to respond effectively to the most sensitive inquiries or complaints.  Skill in negotiating various types of contracts.  Ability to make arithmetic computations using whole numbers, fractions and decimals.  Ability to compute rates, ratios and percentages. November 2012 3  Ability to read and interpret financial data including budgets, tax information and development finance analyses.  Knowledge of budgeting, budget controls, accounting and government finance.  General knowledge of computer operations and ability to use appropriate computer programs.  Skilled in communication, facilitation, conflict management and mediation.  Ability to establish effective working relationships with elected officials, staff, residents and other public officials.  Knowledge of organizational management principles and the skill and ability to apply to public sector organizations.  Knowledge of the laws, rules and regulations applicable to City government.  Skill in supervising employees and consultants. In compliance with the American With Disabilities Act the following represents the Physical and Environmental Demands : The position requires an equal amount of time spent standing, walking, and sitting. Lifting, pushing/pulling, or carrying objects weighing up to twenty (20) pounds is sometimes required, with a maximum of forty (40) pounds infrequently required. Climbing, stooping, kneeling, crouching, crawling, twisting, and bending are sometimes required. Repetitive movements of the hands are sometimes required. Audio, visual, and verbal functions are essential functions to performing this position. November 2012 4