Loading...
022607 CC Reg Min CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 26, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES CONVENE CITY COUNCIL MEETING 1. Mayor Lizee called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Turgeon, Wellens, and Woodruff; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Callies B. Review Agenda Wellens moved, Woodruff seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 22, 2007 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of January 22, 2007, as presented. Motion passed 4/0. B. City Council Special Meeting Minutes, February 12,2007 Turgeon moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of February 12,2007, as presented. Motion passed 4/0. C. City Council Regular Meeting Minutes, February 12, 2007 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of February 12, 2007, as presented. Motion passed 4/0. D. City Council Work Session Minutes, February 12,2007 Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of February 12,2007, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions contained on Consent Agenda. SHOE WOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 2 of 10 A. Approval of the Verified Claims List B. Staffing - No action required Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Stormwater Management Regulations by Peter Willenbring, WSB and Associates, Inc. Administrator Dawson stated that at a January 22, 2007, Council work session Council had requested a presentation from Peter Willenbring, a principal at WSB and Associates, Inc., with regard to storm water management regulations. He stated Mr. Willenbring was present this evening to discuss this topic. Mr. Willenbring provided a brief overview of the following items with regard to storm water management. ~ The evolution of storm water management for cities in Minnesota (1940s - today) ~ Overlapping jurisdictions with regard to storm water management . Environmental Protection Agency (EP A) . Minnesota Pollution Control Agency (MPCA) · Watershed District (MCWD - Minnehaha Creek Watershed District, and Riley Purgatory Bluff Creek Watershed District) · Department of National Resources (DNR) . Corps of Engineers . Metropolitan (Met) Council . Soil and Water Conservation Districts (SWCDs) ~ Overlapping Regulatory Plans - Each requires separate approval · Watershed Plans (Board of Water and Soil Resources - BWSR) · The City's National Pollutant Discharge Elimination System (NPDES) II Storm Water Pollution Prevention Program (SWPPP) (EPA/MPCA) . The City's NPDES Erosion Control Permits (EPA/MPCA) · The City's Comprehensive Plan (Met Council) due for revision the end of 2008 . The City's Storm Water Management Plans (BWSR) · Total Maximum Daily Load (TMDL) requirements - which would be based on 1988 ECO Region standards (Shorewood is in the North Central Hardwood Forest ECO region) . NPDES Nondegradation Plans (EP A/MPCA) . Wetland Management Plans (BWSR) ~ Metropolitan Surface Water management Act - 1982 ~ MPCA Stormwater Requirements: The Federal Clean Water Act SHOEWOOD CITY CO UNTIL REGULAR MEETING February 26, 2007 Page 3 oflO ~ The BWSR and Met Council requirements regarding stormwater management planning as part of the City's Comprehensive Plan ~ Options available for consideration for Shorewood's storm water management · Regional: dry ponds; wet ponds; infiltration basins; in-line treatment structures; and enhanced performance ponds · Site: green roof; underground dry or wet wells; rain barrels; and vegetation · Neighborhood: rain gardens; porous pavement; pavers and/or green parking lots; filtration; vegetated swales; vegetated filter strip; and bio-retention basins ~ The six levels of Enhanced Performance Ponds (EPPs) - the pros and cons of each Mr. Willenbring stated retrofitting a developed area to satisfy all the mandated regulations, in particular the TMDL requirements, would be a costly project. The Met Council changed Shorewood's classification from a developing to developed area for comprehensive planning purposes, but it may not be classified as developed for storm water planning purposes. The City would need to assess which of the regulations must be satisfied first and determine how to fund the efforts. With regard to TMDLs, Mr. Willenbring explained the City would need to determine the quantity of suspended solids, the quantity of phosphorus, and the volume of water that was leaving the City for a typical year. The City would also have to demonstrate that from 1988 forward the City did not increase any of those three items. Because there was some development occurring in the City, it would be advantageous to know those three items as soon as possible so the City could try and meet the TMDL standards during development or redevelopment projects. He then explained it was common practice for cities to update their storm water plans, and then adopt the storm water plan by reference into their comprehensive plans. In response to a question from Councilmember Wellens, Mr. Willenbring recommended that as part of the City's update to its storm water plan (which was required by the MCWD) it would be worthwhile to prepare a nondegradation plan to determine what the City's suspended solids, phosphorus, and water flow levels from the City were at 1988 and the changes to those levels. Mr. Willenbring explained the MCWD had specific TMDL requirements developed for Shorewood; the City must have an annual reduction of phosphorus loading of 50 pounds per year, which he thought would have to be done over the 10-year life of the plan. The MCWD also identified specific issues that must be dealt with in its local plan. In response to a question from Councilmember Turgeon, Mr. Willenbring explained there were ranges and techniques that had been developed for estimating phosphorus runoff concentrations based on land use. In response to another question, Mr. Willenbring stated the City should be able to receive some type of credit for phosphorus load reduction resulting from the move to non-phosphorus fertilizer. The challenge would be that the PCA was tightening its restrictions and regulations, which would make it more difficult to justify that the City should receive a credit for a reduction. Councilmember Wellens stated unfunded mandates such as TMDL restrictions have a more significant impact on smaller cities such as Shorewood which are geographically spread out. He commented if the City could not fund the efforts to reduce the TMDL levels to those required, the City may be the first city unable to comply. Mr. Willenbring stated if the City were to determine it would not be a good use of City funds to reduce the phosphorus loading by 50 pounds in an area, then it would have to prepare a sound reason for why it could not comply with the mandate. SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 4 of 10 With regard to the enhanced performances ponds (EPFs), Mr. Willenbring explained if a flocculation system was incorporated into an EPF (a level 5 EPF) the system (which was a two-stage ponding system) could increase phosphorus removal rates from less than 60% to over 90%. For existing NURP ponds, a small cell could be created next to it and the flocculants would be added to that new cell (possibly on a monthly basis). The water in the new cell would be cleaned up first; and then all future storm water would flow through the cell with flocculation before entering the NURP pond. In response to a question from Councilmember Turgeon, Director Brown explained the Gideon Glen area could be used for an experiment for the above system, but he had concerns with the cost of cleaning out the cell which contained the flocculants. In response to a question from Councilmember Wellens with regard to porous pavers, Mr. Willenbring stated porous pavers only work when it rains (on an event basis). Another approach would be to take a storm water pond and pump the water into a drain tile system, and that pumping could occur 24 hours a day; therefore infiltrating water would be being removed constantly, and if the drain tile was installed four feet below the ground that pumping could continue throughout the winter months. Willenbring cited a project similar to that which was done in Maple Grove. Councilmember Turgeon questioned where the City could pump the water to because of the water drainage concerns throughout the City. Mayor Lizee thanked Mr. Willenbring for the informative presentation, and stated he did a superb job of outlining the challenges the City faced with regard to preparing a plan that would address all the storm water management mandates and identifying various options for addressing the mandates. She stated she hoped Mr. Willenbring would continue to work with the City on these efforts. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held February 13, 2007 Commissioner Hensley reported on matters considered and actions taken at the February 13,2007, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon requested that Council be provided with a contributions/expense recap of the Arctic Fever event prior to planning activities for the 2008 Arctic Fever began. In response to a question from Turgeon, Director Brown stated the City had received donation payments from the two largest donors for the event. 8. PLANNING A. Planning Commission Chair and Vice-Chair appointment Administrator Dawson stated the Planning Commission met on February 20, 2007, for the purpose of nominating commissioners to the positions of Planning Commission Chair and Vice-Chair. The City Code still required that the Council appoint those officers. Dawson recalled that during the recodification process a few years ago there was agreement to change the provision in the Code so that the Planning Commission would make those appointments; that practice would have been consistent with the practice used for the Park Commission. That change did not appear in the final version of the new Code. SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 5 of 10 Councilmember Turgeon stated she recollected these discussions, and there had been agreement that it should be the responsibility of the Planning Commission. Turgeon moved, Wellens, Appointing Scott Schmitt to the Position of Planning Commission Chair and Bob Gagne to the Position of Planning Commission Vice-Chair. Motion passed 4/0. Turgeon moved, Woodruff seconded, Approving a Text Amendment to the City Code to Assign Responsibility to the Planning Commission for Appointing the Positions of Planning Commission Chair and Vice-Chair. Motion passed 4/0. In response to a question from Councilmember Turgeon, Administrator Dawson stated Planning Director Nielsen was planning to attend the March 6, 2007, Planning Commission meeting. 9. GENERAL/NEW BUSINESS A. Goals and Priorities Administrator Dawson stated that Council had reviewed a list of suggested goals for April 2007 through March 2008 at a Council work session on February 12,2007, at which time Council added items to the list. Councilmembers had forwarded their ranking of the goals (high, medium, and low) to him. He had since tabulated the results, which were included in the meeting packet. Mayor Lizee stated that process had served as an effective planning tool over the last few years. In response to a question form Councilmember Woodruff, Administrator Dawson explained that items ranked by Councilmembers as "eliminated" were given a value of zero for tabulation purposes. Woodruff stated he recollected the original list has 34 items on it, yet the tabulated list only had 31 items on it. Dawson stated he would verify the list, but he was quite sure all the original items were on the tabulated list. Councilmember Turgeon suggested it would be helpful to have a timetable for when the goals would be worked on. Administrator Dawson stated that was the next step in the process. Councilmember Turgeon then reminded Council that the items on the list were not all-inclusive of all the activities planned for the Staff. Administrator Dawson explained the items on the list did not include things that are part of the usual cycle of activities. Turgeon moved, Wellens seconded, Approving the Goals for April 2007 through March 2008 as Prioritized. Motion passed 4/0. B. Park Commission Appointments Administrator Dawson stated the term for three Park Commissioner seats would expire on February 28, 2007. Two of those three commissioners, Sue Davis and Josh Trent, had expressed an interest in continuing to service on the Park Commission. No other candidates had applied. SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 6 of 10 Wellens moved, Woodruff seconded, Approving RESOLUTION NO. 07-017, "A Resolution Making the Appointments of Sue Davis (3-year term) and Josh Trent (3-year term) to the City of Shorewood Park Commission". Motion passed 5/0. C. Discussion of Motion regarding Financial Reporting Administrator Dawson stated that Councilmember Woodruff asked that Item 9.C and Item 9.D be placed on the agenda for final action. Both of the items were introduced by Woodruff as motions at a January 8, 2007, Council meeting and they were continued to a February] 2,2007, Council work session for further discussion. At the work session, there was Council consensus that a two-page financial monthly summary report ("Sample 1 ") was the preferred format for interim financial reporting, and that report would be placed in the Councilmembers' in-boxes at City Hall when prepared each month. There was also Council consensus to continue with the current practices regarding expenditures. Councilmember Woodruff stated it was his understanding that the new financial system (which was planned to be installed during the second half of2007) would have more robust reporting capabilities. He then stated that the "Sample 1" report would be sufficient for the near future; but when there were better reporting tools available with the new financial system he would like to see those reporting tools used to generate the monthly reports. Councilmember Woodruff also stated he would no longer pursue a change to the current practices for authorizing expenditures in 2007. He stated that through his involvement in the 2008 budgeting process he would attempt to address his concerns about spending. In response to a question from Councilmember Turgeon, Administrator Dawson explained there was no need to take any further action with regard to these two items. Council consensus was reached with regard to direction on the items at the February 12, 2007, work session and that was documented in the minutes of that meeting. Mayor Lizee stated she appreciated Council's penchant for process and she appreciated Councilmember Woodruffs efforts to identify different processes that could be used. D. Discussion of Motion regarding Practices for Authorizing Expenditures in 2007 This item was discussed as part ofItem 9.C. E. Financial Internal Control Policy Administrator Dawson stated at the February 12, 2007, Council work session Council suggested the draft Internal Control Policy be placed on a future agenda for consideration and approval. Woodruff moved, Turgeon seconded, Adopting the City of Shorewood's Internal Control Policy as Presented. Councihnember Wellens questioned if there were controls to prohibit the following hypothetical situation. The City Administrator had authorization to approve expenditures up to $5,000. What controls exist to prohibit someone from breaking an expenditure in excess of $5,000 into multiple invoices in order to not exceed that authorization cap. Director Burton stated it was difficult to have a policy that addressed every possible scenario. She then stated a situation such as that would be unethical, and it had SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 7 of 10 not occurred at the City. If a similar hypothetical situation were to be tried to circumvent the bidding process, it would be detected by the auditor as the auditor checks for situations like that. She also stated she was not sure how to adequately address Wellens' concern with the policy. Administrator Dawson stated the Mayor and Councilmembers did not have any authority to direct how invoices were prepared. Director Brown stated the auditors pay special attention to those types of hypothetical situations. He then stated there were times when the costs for the design phase of a project were handled as a separate project to ensure the City would not accept a low bid on the design component. Motion passed 4/0. F. Continued Participation in Southshore Center and Senior Programming matters Administrator Dawson stated that he, Mayor Lizee, and Councilmember Turgeon attended a forum of the five South Lake Minnetonka cities which was convened by Senior Community Services (SCS). The purpose of the forum was to start discussions about the South shore Center building, the obligations of the Friends of the South shore Center and the cities, and financing of senior programming services. He stated there was group consensus that it would be beneficial to continue the discussions, and the majority of the work would be done by a committee. He stated he was volunteered to be on the committee. The major items that had been identified for future discussion were: ~ Whether and to what extent the cities should relieve the Friends of their obligation to pay for all the costs of the building. Under the current agreement, the cities paid for the construction of the Southshore Center, and the Friends were responsible for all subsequent operations, maintenance, repair, and replacement costs. ~ Development of a capital maintenance/replacement plan. ~ Whether and at what level the cities should continue contributions for senior programming services, and how those costs could be reallocated among the five cities. Dawson then stated he had spoken with Councilmember Turgeon after the meeting, and it was decided that it would be appropriate for Council to assess whether the City should participate in future discussions. Councilmember Turgeon stated there was some good discussion at the meeting. She was disappointed that discussion quickly moved to how to divide $137,000 among the five cities, without any explanation of what has changed. She stated the issues of funding and expenses had been surfacing over the last few years. She questioned why the City would want to change the current agreement (which specified the cities were not responsible for any of the building expenses or programming services); she noted the possibility of modifying the EFD JP A had raised concerns with some Councilmembers. She also stated the City had made generous contributions to SCS in the past. She then noted that the Friends had done a superb job of keeping the Southshore Center operating. Turgeon then explained two options that could be considered: ]) if future discussions were going to strictly be about how to divide the $137,000 among the five cities, then there did not appear to be any reason for Administrator Dawson to participate; or 2) if the discussions were to include a presentation of how the operation of the South shore Center and the program services provided by SCS had changed over time, then Council should provide Dawson with direction as to how Council may want to provide financial support to the Southshore Center and SCS. Mayor Lizee stated she thought continued SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 8 of 10 discussions would address what had changed. Turgeon stated that what Dawson understood would happen in future discussions was not what she thought was outlined at the meeting. Mayor Lizee stated she did not think Ben Withhart (Executive Director of SCS) had only wanted to determine how to divide up the $137,000. She understood him to say there were changes in services provided and in funding; the building was built and paid for, and the last of the bonds for the building would be retired in 2008. She stated there were items that the five cites and the councils needed to discuss and address. Councilmember Turgeon stated she wanted to ensure the process would be efficient, and that it would not consume a great deal of Administrator Dawson's time. She suggested if the objectives of future discussions could be agreed to at the next meeting; then Council could determine whether or not Dawson should continue to be involved. She thought it would be prudent for the Councilmembers to provide Dawson with their comments prior to the first committee meeting. Mayor Lizee stated it was important that Council identified what it thought the City and the community wanted to achieve by working together with SCS and the Friends Board. Councilmember Woodruff stated he thought it was important that Council would be provided information on the sources and uses of the funding, and the benefits derived from the funding. It appeared that the major items identified for discussions in Administrator Dawson's memo would go a long way toward providing that information. He stated he would support Dawson's attending the first committee meeting with the goal of preparing an action item agenda that would yield that type of information; if that type of agenda was not agreed upon then it would probably not be a good use of Dawson's time. Councilmember Wellens compared this request to revisit an agreement with Deephaven's request to revisit the EFD JP A; Deephaven approached its request by presenting rationale for discussing a possible change. Mayor Lizee stated the EFD JP A and the agreement between the cities for the Southshore Center were quite different - the JP A was a "living" document because the CIP and budget were approved yearly, while the agreement with the Southshore Center was entered into when the building was built and the maintenance needs of the building were not addressed nor were program changes for seniors addressed. Administrator Dawson stated that this topic arose in 2006 when there were discussions regarding the need to increase program funding, and when the Friends Board conveyed its concerns with its ability to raise the funds necessary for the long-term care of the building. It was at that time that SCS offered to convene a forum for the cities to discuss those items. Jerry Brecke, President of the Friends Board, stated he was relatively new in that position. The Friends were concerned about the current agreement because it would require that the Friends fund major repairs or improvements (e.g., a new roof) to the building. He then stated Federal budget cuts and United Way cuts had a significant negative impact on SCS's ability to continue to provide all the current programs. He went on to state that he would encourage the dialogue. He then commented that he would be willing to present Council with an update on the Friends Board's activities quarterly. Mayor Lizee stated recapped that there was Council consensus to continue to participate 111 the discussions provided the objectives for the discussions were agreed upon by Council. SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 9 of 10 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Peach Circle Neighborhood Meeting update Director Brown provided an update on the Public Information meeting that was held on February 19, 2007, for Peach Circle residents. He stated Mayor Lizee and Councilmember Turgeon were present at the meeting. He noted all but one of the residents were present at the meeting. He explained that on the next regular Council meeting agenda there would be an item for Council's consideration and approval that would allow the residents to use public infrastructure to mitigate their drainage issues. In response to a question from Councilmember Turgeon, Director Brown explained consulting engineer Gurney had drafted a resolution to formally request the Hennepin County Regional Rail Authority (HCRRA) to address the storm water problem, but the decision was made not to pursue the resolution until comments from the residents had been received. B. Mayor & City Council Mayor Lizee stated there was a public hearing scheduled for February 28, 2007, from 7:00 P.M. - 9:00 P.M. at the Minnetonka City Hall where the Minnesota House Transportation and Transit Policy Subcommittee and the Minnesota Senate Finance Subcommittee would be present to discuss transportation issues in the State. She stated there had been a meeting for mayors last week which she was not able to attend. She planned to attend the public hearing, and she encouraged other Councilmembers and residents to also attend. Councilmember Wellens stated he understood that Minnetonka was in support of installing a light rail system in that area. He stated if that were to happen, it would be likely that light rail would pass through the City next. In response to a question from Councilmember Turgeon, Mayor Lizee stated the components of the MVST bill would be discussed at the hearing. Councilmember Wellens's questioned if Council would want to discuss the topic of light rail at a future work session meeting. Mayor Lizee stated it would be beneficial for Council to learn about the transpOliation issues and what current and future plans were. She then stated she had attended meetings during the last two years where various modes of transportation were discussed; and during those meetings nothing was ever presented that indicated light rail would reach any further than Eden Prairie or Hopkins. Councilmember Wellens stated the property marker signs that had been put up in Shorewood were put up for some reason. Mayor Lizee stated the South Lake Excelsior Chamber's Party of the Year would be held on March 2, 2007, from 6:00 P.M. 11 :00 P.M. at the Bayview Event Center. SHOEWOOD CITY COUNTIL REGULAR MEETING February 26, 2007 Page 10 of 10 Councilmember Woodruff provided an update on the LMCC quarterly group meeting which was held last week; 9 of the 14 member cities were represented at the meeting. Mediacom rates for internet access and premium digital channels were going to be increased. There was a non-commercial radio frequency available in Spring Park, and the question arose as to whether or not the LMCC should apply for it. There was lengthy discussion regarding an FCC ruling regarding entities coming into a city and wanting to install a cable system, and what were the rights and obligations of a city to evaluate such a request. The attorney for the LMCC was directed to prepare an application the LMCC member cities could use to handle such requests. The LMCC was going to review the LMCC by-laws and possibly draft a text amendment to the by-laws. Councilmember Turgeon stated "no snowmobiling signs" were not posted in the Gideon Glen. She was concerned with the damage that could be done to the landscape in that area from the snowmobiles. Director Brown stated he would review the City's ordinance to determine how the situation could be handled. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Regular Meeting of February 26, 2007, at 8:49 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder c~L;u{ Christine Lizee, Mayor ATTEST: