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091106 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 11,2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Planning Director Nielsen; Associate Attorney DeVolve; Finance Director BUlton; and Director of Public Works Brown Absent: Administrator Dawson B. Review Agenda Lizee moved, Callies seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August 7, 2006 Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes of August 7, 2006, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, August 14,2006 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of August 14,2006, as presented. Motion passed 5/0. C. City Council Special Meeting Minutes, August 29, 2006 Callies moved, Wellens seconded, Approving the City Council Special Meeting Minutes of August 29, 2006, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - no action required CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11,2006 Page 2 of8 C. Adopting RESOLUTION NO. 06-068, "A Resolution Approving a Temporary Gambling License for the Southshore Senior Community Center." D. Authorization for Expenditure of Funds for a Sewer Jet Vactor and Trailer Motion passed 5/0. 4. MATTERS FROM THE FLOOR This item was discussed after Item II.B. on the agenda. Steven Pahl, 24860 Smithtown Road, questioned when action would be taken with regard to the use of outdoor wood-burning furnaces. Planning Commissioner Schmitt stated the Planning Commission would be considering an ordinance regulating outdoor wood-burning furnaces at its September 19, 2006, meeting. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS No reports, as the Park Commission would be meeting on September 13, 2006. 8. PLANNING - Report by Representative Commissioner Schmitt reported on matters considered and actions taken at the August 15, 2006, Planning Commission meeting (as detailed in the minutes of that meeting). In response to a question from Councilmember Turgeon, Director Nielsen stated the City had not received a letter from Rodney and Nancy Peterson, 21355 Christmas Lane, authorizing the continuation of their C.D.P. request to December 11, 2006, City Council meeting. Nielsen noted Staff had sent the Petersons a notice stating the City would be extending the 60-day period by the additional 60 days allowed by the statute and reminding them of the need for an authorization letter. A. Anonymous Complaint Policy Director Nielsen stated long ago the City had adopted a passive enforcement policy relative to nuisance and Zoning Code violations. The City operated on a complaint basis (i.e., it did not go looking for violations). The approach had served the City relatively well in the past; it had allowed for neighborhoods to, in a manner, set their own standards relative to such things as outdoor storage, vehicles, etc. Nielsen then stated that there had been issues with anonymous complaints on numerous occasions. Although the Staff had advised residents that their identity would be protected by the State's Data CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 3 of 8 Practices law, some of the complainants refused to identify themselves. Because of that issue, Staff suggested a change to the policy to no longer accept anonymous complaints for the following reasons: . The City was not able to obtain additional information from the complainant (e.g., frequency or pattern of violation, identity of violators, etc.) when the complainant's name was not known. . The City was not able to advise the complainant of the status of the complaint (e.g., appeals, no code violation, etc.). . In situations where the complainant provided the City with incorrect address information, the City was not able to contact the complainant to request the correct information. . The City Attorney had suggested that standing was an issue. There had been instances where the complainant was not a Shorewood resident or did not live anywhere near the violation; the complainant was simply trying to use the City to get back at someone. Nielsen commented when the complainant did not see any change resulting from his/her call, the complainant would become angrier than he/she had previously been. Unfortunately, the complainant was now also mad at the City for not doing its job. Mayor Love stated he would support the recommended change to the City's policy relative to complaints. He thanked Staff for its efforts. In response to a question from Councilmember Wellens with regard to the filing of complaints, Director Nielsen stated the City's voicemail response did not make any reference to complaints. Councilmember Wellens stated he would prefer the policy remain as it was; there were already many individuals that had a lack of trust of the government as a result of situations such as the loss of Veterans Administration data, the FBI had provided a political party with information, etc. Director Nielsen explained the Staff had taken the lack of trust of the government into consideration. He stated the complainant's anger with the City for what he/she perceived as the City not doing its job often spread throughout the community. Mayor Love stated, although he appreciated Councilmember Wellens's concern, he thought it was important to ensure City resources were being used to address violations of the City's code and not to resolve disputes between residents. Councilmember Callies stated she would support the recommended change to the complaint policy. She suggested Staff inform the residents of the City's complaint policy and the State's Data Practices law in The Shore Report and/or community newspapers. She stated it was at times more difficult for the City to follow through on anonymous complaints. Councilmember Turgeon questioned if there were any statistics available as to the number known complainants versus anonymous complainants. Director Nielsen stated the number of complaints that were anonymous was a relative small percentage of the overall number of complaints, and he would provide Council with that information if requested. He commented that from his personal experiences a complainant was more often than not willing to identify him / herself once they understood the Data Practices law. He cautioned Council that Council was also subject to the regulations of the Data Practices CITY OF SHORE WOOD COUNCIL REGULAR MEETING September 11, 2006 Page 4 of8 law. Nielsen then cited an example where an anonymous complainant had sent a letter to Councilmember Turgeon, and six of the addresses listed in the complaint were incorrect. Councilmember Callies stated there were a number of ways for a complainant to file a complaint and remain semi-anonymous (e.g., email). If the complainant provided an email address Staff would be able to contact the complainant. Director Nielsen stated he would be comfortable with having, at a minimum, the complainant's email address. Councilmember Turgeon suggested the City conduct of 30 - 60 day test period where the number of known versus anonymous complainants were tracked (after the existing complaint policy and State Data Practices law had been clearly communicated), and then evaluate whether or not there was a need to formally change the complaint policy. Mayor Love again stated he would support the Staff recommended change to the complaint policy. The proposed policy would ensure both the City and complainant were held accountable. He would also want to ensure the complaint policy was very clear. Councilmember Callies and Councilmember Lizee agreed with Love's comments. Councilmember Wellens stated it was the residents' responsibility to hold Council and Staff accountable, but it was not the Staff's and Council's responsibility to hold the complainants accountable. Councilmember Turgeon again stated she would prefer a 30 60 test period. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 06-071, "A Resolution Establishing a Policy for the Processing of Anonymous Complaints." Motion passed 3/2 with Turgeon and Wellens dissenting. B. Request for Permission to Locate Storage Building on City Property Applicant: Jerry Brecke (representing Southshore Senior Community Center) Location: Badger Field Director Nielsen stated Jerry Brecke, on behalf of the South shore Center, had requested permission to make application for a conditional use permit for a storage building to be located on Badger Field, a City owned property. He clarified permission to apply for the C.D.P. was being requested at this time. If Council granted that permission, then a public hearing could be scheduled for 3 October 2006 before the Planning Commission, and the application would be considered by the Council at its 23 October 2006 meeting. He commented Staff would present the request to the Park Commission for its review and comment because the structure would be located on City park land. In response to a question from Councilmember Turgeon, Director Nielsen explained the Southshore Center would own the structure, it would lease the land from the City for a nominal amount, and it would be responsible for the maintenance of and insurance on the structure. In response to another question, he explained the City owned the structure the Little League used that was located on a City-owned property, and the City carried the insurance for that structure. Callies moved, Wellens seconded, Granting the Southshore Center Permission to Apply for a Conditional Use Permit to Locate a Storage Building on City Owned Property. Motion passed 5/0. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 5 of 8 9. GENERAL/NEW BUSINESS A. 2007 LMCC Budget Mayor Love stated Sally Koenecke, Lake Minnetonka Communications Commission (LMCC) Executive Director, was present at the meeting to answer any questions Council had with regard to the proposed 2007 LMCC budget under consideration at the meeting. In response to a question from Councilmember Turgeon, Ms. Koenecke explained the approximate 25% increase for full-time salaried positions and approximate 27% decrease for part-time positions was the result of converting a part-time position to a full-time position. Also, the previous Assistant Station Manager was replaced with a Program Manager position at a higher salary to manager the newly created Programming Department. She explained the rationale for the LMCC organization restructuring. In response to a comment from Councilmember Turgeon, Ms. Koenecke agreed the LMCC was requesting an 18% increase over its 2006 budget. In response to a comment from Councilmember Wellens, Ms. Koenecke explained the LMCC was funded from franchise fees and was not subsidized by propeliy taxes. Callies moved, Wellens seconded, Approving the Lake Minnetonka Communications Commission 2007 Budget as presented. Motion passed 5/0. B. Approval of the 2007 Proposed Budget and Setting the Truth-in- Taxation Public Hearing Dates Finance Director Burton explained City Staff had prepared the 2007 Proposed General Fund Operating Budget for review and approval this evening. The budget was the result of Council and Staff work- sessions in July 10, 2006, and August 7, 2006. During the work-sessions, Council and Staff concurred that a "single-digit" levy increase in the 2007 General Fund Operating Budget would be desirable. Burton then reviewed the highlights of the budget including the lack of levy limits imposed by State Legislature and the proposed tax levy increase was 4.91% over the 2006 tax levy. She noted: 1) the City's tax base would increase by approximately 12% for Pay2007; 2) the proposed use of $100,000 in General Fund reserves; and 3) transfers to the Capital Improvement Funds were unchanged from 2006. She also reviewed funding issues regarding public safety, public works/engineering, municipal facilities, salaries and insurance, a replacement network server, and Senior Community Services funding. Burton then explained because the proposed levy increase was less than the inflationary adjustment as determined by the Minnesota Department of Revenue (4.91% vs. 6.4187%), the City was eligible to be exempted from Truth-In-Taxation Hearings this year. She stated Staff recommended the Truth-In- Taxation process be followed as usual, using the timetable and procedures set in place for 2006. She then reviewed the process steps and timetable. Councilmember Turgeon expressed her disappointment that the proposed budget did not reflect the changes she had requested during the August 7, 2006, work-session (e.g., removal of the Council contingency line item, changes to various budget descriptions, correction of the utility bills expense amount, and updated activity indicators). She questioned the budgeted expense of $1 1,600 for elections; she noted the last odd election year actual expense was $407. Turgeon stated Council had agreed another CITY OF SHORE WOOD COUNCIL REGULAR MEETING September 11, 2006 Page 6 of 8 work-session to discuss the 2007 Operating Fund Budget would not be necessary because the draft budget was supposed to have been updated to reflect accurate service indicators and other changes requested by Councilmembers. Director Burton offered to meet with Councilmember Turgeon to review the changes she had requested be made to the proposed budget at Turgeon's convenience. Burton noted the budget being considered was the proposed "preliminary" budget document, not the final budget document. She explained approval of the proposed budget was necessary to set the maximum 2007 tax levy prior to the September 15,2006, deadline. Councilmember Turgeon expressed concern with approving the proposed "preliminary" budget which did not include her requested changes. She stated it was difficult to determine if the budgeted expense numbers were correct without accurate service indicators to assess the budgeted amounts. Councilmember Callies stated Council had the opportunity to ask budget related questions during the two budget related work sessions. She acknowledged there were some descriptions and service indicators that could be clarified and/or updated. She commented she did not recall any discussion about the budgeted expense for elections during the work sessions. Callies then stated she was comfortable with adopting the proposed preliminary budget because she thought the substance of the budget and the maximum tax levy amount were well thought out. Mayor Love again stated adoption of the proposed preliminary budget was one of several steps in the budget process. He asked Staff if the changes requested by Councilmember Turgeon could be addressed by the next time Council met. Director Burton stated that could be done. Councilmember Turgeon stated if the proposed budget were adopted, it was unlikely Council would make significant changes to the budget at a later date. She again stated it was difficult for her to determine if the budget figures were appropriate without the presence of accurate service indicators. She stated some of the service indicators were based on 2006 projections, but she did not know what those projections were based on. Mayor Love emphasize once the 2007 tax levy was adopted the tax levy could not be increased. He stated conversations could still occur and corrections made to the proposed budget prior to adoption of the final amount. Director Burton agreed with Love's comments. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 06-069, "A Resolution Setting the 2007 Proposed General Fund Budget and Approving the Proposed 2006 Property Tax Levy Collectible in 2007." Council member Wellens requested all the Councilmembers receive information about changes and updates about the budget. Director Burton asked Councilmember Turgeon if there was any financial aspect that concerned her with regard to the proposed budget. Councilmember Turgeon stated she was not sure if a budgeted 8.24% spending increase over 2006 was accurate; therefore, how could she know if a 4.9% tax levy increase over 2006 was accurate. Director Burton stated she relied on the department heads to provide with accurate service indicators. Her job was to compile the service indicators and include them in the budget document. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11,2006 Page 7 of 8 Mayor Love reiterated Councilmember Wellens's request for all Councilmembers to receive an update when the Council next met. He stated all Councilmembers were extended the opportunity to meet with Staff regarding the budget to ensure all their questions were addressed. Councilmember Callies expressed concern that a misconception may have been created that there were no services indicators in the proposed budget; that was not the case. There were areas where some of the service indicators may be missing or inaccurate, but she did not understand how those indicators that were missing or inaccurate would affect the proposed tax levy. Callies then listed some, but not all, of the service indicators included in the budget. She stated although the majority of the service indicators were included in the budget, there were some areas where it may be beneficial to update/include them. Councilmember Turgeon stated from her vantage point she did not think that the majority of the service indicators were included. Director Burton stated service indicators were a way to measure specific service activities. She stated service indicators were not required by statute to be pmt of the budget, but Staff would be willing to work with Council to determine the instances where accurate service indicators would be of value. Motion passed 4/1 with Turgeon dissenting. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 06-070, "A Resolution Setting the Truth-in-Taxation Public Hearing on the Proposed 2007 Budgets and the 2006 Property Tax Levy Collectible in 2007." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. B. Mayor & City Council Councilmember Wellens stated he, and the entire Council, had received a follow-up email complaint from a constituent regarding a buzzing noise from a phone pole located near the resident. His expressed concern with regard to the original complaint had been filed in June 2006, yet he knew nothing about it. He suggested the City implement a policy such that when the City received a complaint a copy of the complaint was forwarded to the Councilmember. Mayor Love stated Councilmember Wellens's request was a reasonable request. He asked Staff if implementing that request would create an undue burden on the Staff. Director Nielsen explained the complaint form used to be placed in the Council folder. He stated he did not see a problem with notifying the entire Council of complaints filed. CITY OF SHOREWOOD COUNCIL REGULAR MEETING September 11, 2006 Page 8 of8 Director Brown expressed concern that issues could arise with regard to the open meeting law if only one Councilmember was informed. Mayor Love agreed with Brown's concern. Councilmember Lizee stated placing the complaint in the Council folder could work. She suggested Staff may want to withhold the complainant's name because of the Data Privacy law. Mayor Love questioned Staff if the complaints could be distributed with Administrator Dawson's regular email to the Councilmembers, and that process could be evaluated in a few months to determine if it was working effectively. Councilmember Wellens stated Mayor Love's approach sounded reasonable. 12. ADJOURN Lizee moved, Callies seconded, Adjourning the Regular City Council Meeting of September 11, 2006, at 7:52 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor ATTEST: