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040907 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 9, 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 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens, and Woodruff; Attorney Keane (arrived at 7:05 P.M.); Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Mayor Lizee reviewed the agenda for the evening. She asked that Item 5.B, Recognition of Boy Scout Troup 424, be added to the agenda. Wellens moved, Woodruff seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, March 26, 2007 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of March 26,2007, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, March 26, 2007 Woodruff moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of March 26, 2007, as Amended in Item 8, Page 5, Paragraph 2, Sentence 2, delete "; he would prefer that parking be on the old trail/driveway". Motion passed 5/0. C. City Council Work Session Minutes, March 26, 2007 Turgeon moved, Wellens, Continuing the Approval of the Minutes to a Future Meeting Pending Clarification on Page 4. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 2 of 12 A. Approval of the Verified Claims List (This was moved to Item 9.C under GeneralINew Business) B. Staffing - Elimination of Position in Liquor Operations C. City Clerk's License Approvals - Liquor Licenses 1. Adopting RESOLUTION NO. 07-025, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor and Special Sunday Sales, for the American Legion Post #259 Biennial License." 2. Adopting RESOLUTION NO. 07-026, "A Resolution Approving a 3.2 Percent 'Off-Sale' Malt Liquor License Sales for Cub Foods." 3. Adopting RESOLUTION NO. 07-027, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor and Special Sunday Sales, for the Minnetonka Country Club." D. Authorize Expenditure of Funds for Seal Coat Rock E. Adopting RESOLUTION NO. 07-028, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Bituminous Seal Coating Project, Project 07-02." F. Approval of the Spring Clean-Up Contracts for Services (This was moved to Item 9.D under GeneralINew Business) G. Authorization to Acquire Easements for Lift Station No. 12, Christmas Lake Point H. Appeal of Notice to Remove Appellant: John Lindsey Location: 5875 Howard's Point Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Park and Planning Commissioner Recognition On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Planning Commissioner Richard Woodruff (now a Councilmember) for his two years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. Councilmember Woodruff thanked the Council and the City for the opportunity. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 3 of 12 On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Park Commissioner Julie Westerlund for her three years of service as a Park Commissioner and provided her with a plaque of appreciation and recognition. Ms. Westerlund thanked the Council and the City for the opportunity . On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Planning Commissioner Jeff Bailey for his nine years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. Mr. Bailey thanked all the Planning Commissioners he had worked with over the years, the Council and City Staff, in particular Director Nielsen, for all of its support. Councilmember Turgeon also thanked Mr. Bailey for his efforts and his leadership. B. Recognition of Boy Scout Troup 424 Mayor Lizee stated members of Boy Scout Troup 424 were present this evening as part their efforts to earn their individual badge for citizenship in the community. Badge Leader Diana Ekerberg was also present with the Scouts. Troup member Jacob Lahammer provided an overview of what had to be completed to earn the badge. Mayor Lizee stated scouting had a strong presence in the community, and various Eagle Scouts had done projects in the City. She was pleased the Scouts were learning about leadership in the community. Mayor Lizee stated provided Ms. Ekerberg with a certificate of attendance for each of the Scouts in attendance. The Scouts each introduced themselves to Council. 6. PUBLIC HEARING None. 7. PARKS Director Brown stated there had not been a Park Commission meeting since the last regular Council meeting. The next meeting was scheduled for April 10, 2007. Councilmember Turgeon stated she would not be able to attend a 2008 Arctic Fever planning meeting scheduled for 6:00 P.M. on April 17, 2007. 8. PLANNING - Report by Representative Chair Schmitt reported on matters considered and actions taken at the April 3, 2007, Planning Commission study session (as detailed in the minutes of that meeting). A. Conditional Use Permit Amendment for Fire/Rescue Powerboat Applicant: Shorewood Yacht Club Location: 600 West Lake Street SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 4 of 12 Administrator Dawson stated this item was continued from a March 26, 2007, Council meeting. At that meeting Council directed Staff to prepare a resolution with findings of fact approving an amendment to a conditional use permit for the Shorewood Yacht Club (SYC) to allow docking of the Excelsior Fire District's (EFD) fire/rescue boat at a new dock location. Council also asked that outstanding parking and site alteration issues be addressed. Director Nielsen stated he had met with EFD Chief Gerber and Battalion Chief Heiland at the proposed site the previous week. He explained that Gerber and Heiland had brought the EFD's heavy rescue vehicle to the site; they found it was easy to park the vehicle on the old driveway that extended into a narrow strip of property owned by the SYC, and it would only require a few low-hanging tree branches to be trimmed. Nielsen then explained the ground was firm in that location (a probable result of previous use as a driveway); therefore, no additional surfacing was required at this time. If in the future it was determined that rutting or erosion was occurring, then it could be surfaced with Class V rock. Nielsen noted that when the rescue vehicle was stopped on the road to open the chain fence at the driveway entrance, residential vehicles were able to pass the rescue vehicle at the bend in the road. Nielsen also explained a second vehicle could easily be accommodated adjacent to the Timber Lane right-of-way; and that area would not require resurfacing at this time. Gerber had related to Nielsen that a second vehicle on the site would be very occasional. Staff suggested that "Emergency Vehicle Parking Only" signs be posted to prevent public use of those parking spaces. Nielsen went on to explain that with regard to the proposed dock, the proposed location for the dock was a very natural spot. A small (four-foot-wide) stairway would have to be installed to overcome the grade change, a stairway similar to those required for many residential docks. Vegetation removal could be limited to the removal of three small (3 - 4 inch caliper) trees and some buckthorn. Site alteration necessary to accommodate the dock and the parking would be extremely minimal. Councilmember Wellens stated he would not support the proposed C.D.P. amendment for the following reasons. He would prefer not to have a fire truck run down a residential street; it would be better to go through the main entrance to the SYC. The proposed dock location would probably be subject to vandalism because it was a heavily wooded area that could be seen from the LRT Trail. The sight lines from the SYC entrance were much better than from the Trail to the proposed location. He stated if sailors could use the docks while carrying their gear, he did not think it would be an issue for firefighters to carry their gear on the existing narrow docks. He noted that Mr. Cross, the prior owner of the SYC, had previously offered to store the fire/rescue boat at an existing dock location and Mr. Cross had not noted any concerns with mud or narrow docks. Wellens stated he would support putting the fire/rescue boat at the SYC provided access was through the entrance to the SYC. Councilmember Callies stated the fire/rescue boat would be used during an emergency; the heavy rescue vehicle would not be traversing the residential street on a regular basis. She thought it would be better for the rescue vehicle and the public in general to access the fire/rescue boat from Timber Lane rather than navigate through the SYC parking lot. With regard to the proposed new dock and dock width, she stated she would defer to the EFD personnel to determine what their needs were in an emergency situation. She commented that residents would prefer not to have emergency vehicles on the residential streets; but in an emergency the public is going to be affected. Callies stated she would support the C.D.P. amendment. Councilmember Turgeon stated she would not support the C. D.P. amendment. There was another alternative, as the existing SYC slips were not full. She did not consider this situation any different than a retail situation with regard to vehicle access; retail malls have fire lanes for vehicle access. She stated she SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 5 of 12 wanted response-time improvement data for the proposed site to determine if the improvement was significant enough to warrant storing the fire/rescue boat at the proposed dock. Until then, the fire/rescue boat should stay in the main marina. Turgeon went on to state that one of the main reasons for relocating the fire/rescue boat from the Tonka Bay Municipal Docks location was to eliminate traveling through a no-wake zone during an emergency; yet the prior owner of the SYC had proposed making the SYC water area a no-wake zone when he applied for additional docks for motorboats. She commented that the length of the proposed dock was 80 feet long to accommodate the potential shallow water at that location. She did not think there was adequate rationale to warrant building the extra dock. She would support relocating the fire/rescue boat to an existing SYC slip for the 2007 season, while additional data was accumulated to determine if there would be an adequate improvement in response times over the Tonka Bay location. In response to a question from Mayor Lizee, Councilmember Woodruff stated Director Nielsen had adequately addressed the questions he had at the March 26, 2006, Council meeting. Mayor Lizee stated public safety was paramount with regard to this issue. It was her understanding that EFD personnel had assessed other locations on Lake Minnetonka for docking its fire/rescue boat. With regard to response time, she stated it would be difficult to provide specific information because the situations vary. She commented that the Sheriff's Water Patrol boats were generally traversing the Lake, ready to respond to an emergency call. The Water Patrol also provided service for other lakes and rivers in Hennepin County, and that was reflected in the number of watercraft it would have on the Lake at a particular time. Lizee stated she would support the C.U.P. amendment. Mayor Lizee asked Chief Gerber if he had any further comments. Chief Gerber stated that he had discussed response time issues with traversing channels for both the EFD and the Sheriff's Water Patrol. The Water Patrol boats and other fire/rescue boats would not slow to a complete no-wake speed in every channel when responding to an emergency; that would depend on the situation, the emergency, and the other recreational watercraft around. He again reviewed the rationale for wanting to relocate the fire/rescue boat to the proposed location. The EFD's mission was to provide the most effective public safety service it could; based on the locations of the two EFD fire stations, docking its fire/rescue at the SYC rather than the Tonka Bay municipal docks would improve emergency response times. The water at the Tonka Bay location was a minimum-wake zone until the watercraft was out of the bay, which caused further response time delays. Chief Gerber stated in documents he had written and in previous meetings he had discussed the drawbacks to docking the fire/rescue boat at the previous Excelsior location and the Tonka Bay location. Callies moved, Woodruff seconded, Adopting RESOLUTION NO. 07-029, "A Resolution Approving Shorewood Yacht Club Request for Amendments to Terms of Conditional Use Permit." Councilmember Woodruff stated he thought the resolution should be approved because the Planning Commission had considered the request in great length and unanimously recommended approval, and because his questions from the March 26, 2007, Council meeting had been answered to his satisfaction. He understood the concerns of Council member Wellens and Councilmember Turgeon. Motion passed 3/2, with Turgeon and Wellens dissenting. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 6 of 12 9. GENERAL/NEW BUSINESS A. Authorization to Purchase Financial Software Administrator Dawson stated the 2006 budget allocated $47,000 to upgrade the City's financial software. The evaluation process took longer than anticipated; therefore, the upgrade did not occur in 2006. The 2006 unspent funds were available for this purchase. Director Burton stated Staff had extensively evaluated six governmental financial software packages. The costs for the software only ranged from $25,000 - $26,000. When data conversion, installation and training were factored in, the entire upgrade costs ranged from $30,000 - $63,000. Staff concluded that the INCODE InVision Financial Suite products, by Tyler Technologies, were uniquely qualified to provide the best value. Approximately 55 Minnesota cities/utilities currently use Tyler Technologies products. The software license fees for the In Vision Financial Suite of products were $16,482 (this included a 40% discount off the regular price of $25,614 because the City was a current user of some of Tyler Technologies products). Data conversion costs would be $7,200. Training costs were estimated to be $l9,200 for l60 hours of training. The total package quote was $42,882 for the Core Financials (general ledger, budget preparation, bank reconciliation, journal entry, accounts payable, and report write), Fixed Assets, Project Accounting, Payroll/Personnel, and utility billing products. Burton stated Tyler Technologies had performed data conversion efforts 25 times during the past few years using the same migration that would be used to migrate from the City's current software to the proposed software. The vendor uses eight full-time programmers, and it has a project manager to oversee the project. The City would run the existing and new software in parallel for a period oftime. The vendor had indicated that the City should plan for a September/October installation. She commented that Hopkins city staff had gone through the exact migration and was very satisfied with the process. Mayor Lizee stated the City had used the current software for ten years. Director Burton commented that the current software was becoming obsolete. In response to a question from Councilmember Wellens, Director Burton explained the City had paid the yearly maintenance costs for the existing software and based on the installation timetable a portion of that could be pro-rata and applied to the new software maintenance costs. In response to a question from Councilmember Woodruff, Burton explained that software maintenance costs for the proposed software would be somewhat less than the current maintenance costs. Councilmember Woodruff commented that Director Burton had related to him that the proposed software would work with the existing computer hardware. Wellens moved, Callies seconded, Authorizing the Purchase and Installation of the INCODE In Vision Financial Software Suite from Tyler Technologies as Proposed for the Estimated Purchase Price of $42,882. Motion passed 5/0. B. Excelsior Fire District CIP Administrator Dawson stated that the EFD Governing Board had recommended approval of the EFD's 2007 - 2028 Capital Improvement Plan (CIP). The major changes between the proposed CIP and the current CIP (2006 - 2025) were: I) the addition of a building and technology plan which reflected the SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 7 of 12 need to upgrade and remain current with technology, and to establish a savings plan for long-term capital maintenance/replacement needs of the two fire stations; and 2) the capital transfer (which is depicted as the "cities contribution") to the capital equipment plan (CEP) reflected the financing costs for major acquisitions. To-date the Greenwood and Excelsior city councils had approved the CIP. The Tonka Bay city council would consider the item for approval on April 10, 2007. Deephaven wanted to consider the item further at an April 16, 2007, city council meeting. In accordance with the JPA, the CIP required approval by at least two-thirds of the member cities (which means at least four of the cities) by April 15 (although that date had not been strictly observed in prior years). Dawson stated Chief Gerber would highlight the proposed 2007 - 2028 proposed CIP. Chief Gerber stated when the EFD organization considered updates to the 2007 - 2028 CIP it wanted to ensure the CIP was as comprehensive as possible. It was difficult to be in the "target" for a CIP in 20 years; it was important to be close to "target" for a CIP in 10 years. He explained there was a proposed increase in the combined cities contribution of $15,000 in 2008 which resulted primarily from the inclusion of financing charges and technology related expenses. He commented that the EFD organization, as well as the member cities, was making a concerted effort to minimize costs. He then explained that the EFD was functioning with information technology that did not support effective use of staff time. It was important to start reserving funds for capital maintenance and replacements to the two fire stations as there will come a time when major repairs will need to be made. With regard to technology costs, Gerber stated the $35,000 proposed for technology improvements in 2008 would be used to replace nonfunctional and outdated computers, unreliable copiers (which had been previously used by the member cities), and a new color copier (the EFD does not have a color copier). The result should be improved staff effectiveness. Gerber stated that Administrator Dawson, as well as the other member cities' administrators/managers, had been extremely helpful in transitioning the plan from a capital equipment plan to a comprehensive capital improvement plan. He commented that each year EFD staff, the EFD Operating Committee, the EFD Board and the member cities' councils revisited the CIP. Councilmember Turgeon reviewed the following list of questions. What technology did the EFD currently have and what did it need? What were the minimum and ideal requirements? Who used the technologies and for what purposes? Could the new technologies be phased in, rather than requiring the entire $35,000 in 2008? Was it possible for the EFD and SLMPD to share a color copier? How was the projected $35,000 in technology expenditures arrived at? (She stated she could purchase both computers and copiers relatively inexpensively.) Could vehicles that use alternative fuels be considered? Could smaller vehicles be considered? What was the driving force behind the need for a $750,000 aerial truck? Could the fire inspectors use their own vehicles and be reimbursed for mileage rather than using an EFD vehicle? She commented that she was pleased that the beginning balance for the proposed CIP was the same as what was contained in the current CIP. She also commented that part of the reason the Chief's automobile had 110,000 miles on it was because the requirement for the Chief to live in the EFD was waived for the previous Chief. In response to a question from Councilmember Woodruff, Chief Gerber explained that he and SLMPD Chief Litsey frequently discuss how the EFD and the SLMPD can share resources. Due to law enforcement operations a shared server is not an option (that was discussed during the building process). Also, because the SLMPD received sensitive and confidential information over the copier/printer/fax 24 SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 8 of 12 hours a day, it limited the ability to share certain equipment. They do share a phone system and a computer room. Gerber stated that capital improvement planning provided the tools to reflect on the current state of affairs and the future directions. With regard to Councilmember Turgeon's technology questions, Gerber stated that the member cities' councilmembers must place some trust in him and the EFD organization that the funds would be managed effectively. He strives to be as cost-effective and considerate in the use of the funds as possible. He explained the $13,000 cost for a color copier was a quote he had received for budgeting purposes; a lease alternative, and possible sharing with the SLMPD, would be considered. He also explained the costs for desktop and laptop computers were also quotes; the quest for a better price would happen during the procurement phase for the technology. Gerber explained that many on staff used computers for their jobs. He also explained that a new system was installed in January 2007 that allowed firefighters to enter call information directly into the computer; but the network configuration was such that it took 2 - 3 times the amount of time to enter the information at Station 2 than it did at Station I. Gerber related the laptop he used took 5 - 10 minutes to boot up. He clarified the proposed CIP depicted a phased-in plan for the technology. There are approximately 10 desktop computers at the two stations combined. The plan was to first replace the computers used by the people that work at the stations the most; it was also important that the volunteer firefighters had access to reliable computers when needed. Reliable laptops were needed for training, for his use for presentations and work off-site, and for the volunteer firefighters to take with them to there regular jobs or home. Councilmember Wellens commented that he appreciated having documents in color when appropriate. What he understood Chief Gerber to say this evening was that that it was just a matter of convenience to have a color copier, a copier that is quoted to cost $13,000. Gerber apologized ifhe conveyed the need based solely on inconvenience. The intent was to replace two unreliable copiers with one color copier/printer/fax. He explained that EFD personnel did not have ready access to the SLMPD's color copier. A reliable copier would make his and the staff's use of time more efficient. Councilmember Callies stated she was speaking as someone who depended on having a reliable copier every day to get her job done. In response to a previous comment from Councilmember Turgeon, Callies stated a business quality copier could not be purchased for $500. She stated it was important to raise questions, but it was the responsibility of the member cities' councils to consider the "big picture"; it was Chief Gerber's responsibility to make the operational decisions; and it was the EFD Board's responsibility to review those decisions and recommend approval. Councilmember Turgeon stated she was asking for additional basic information. She was trying to increase her understanding of how the EFD's CIP funds would be used; she did not want to just "rubber stamp" the approval of the CIP. She stated she had an obligation to ask the types of questions she had asked. She was not prepared to approve the CIP based on the information she had received. She questioned if Mayor Lizee, the City's representative on the EFD Board, had received additional information at the last EFD Board meeting that would answer some of her questions. Lizee responded that she had no additional information. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 9 of 12 Mayor Lizee stated it was appropriate for the councils to query the EFD's technology needs; but she did not think it was appropriate to scrutinize the planning process at the individual desktop level. She then stated the CIP and supporting documents provided a solid overview of the technology needs and estimated costs. Councilmember Turgeon stated in previous years CIP funds designated for specific purposes were sometimes used for different purposes; she did not want that to happen with funds earmarked for building and technology purposes. In response to a question from Councilmember Turgeon, Mayor Lizee stated Administrator Dawson's memorandum stated the EFD Capital Improvement Fund would be managed as one fund with two sub-funds, Capital Equipment and Building/Technology. Turgeon stated that it was still one fund, and she did not want them used interchangeably. Councilmember Woodruff stated he thought it should be relatively easy to summarize the current technology situation and the future directions in more detail (e.g., current hardware and software, and future hardware and software). He questioned if Chief Gerber would be able to do that in a reasonable amount of time. Chief Gerber stated that information could be assembled and provided to the Council; it was up to Council to identify the level of detail they wanted and when they wanted to receive the information by. He stated he could have the information available by the April 23, 2007, Council meeting. In response to a question from Councilmember Wellens, Administrator Dawson explained the date of April 15 was specified in the JP A. Woodruff moved, Turgeon seconded, Continuing the Discussion of the Excelsior Fire District's Capital Improvement Plan to the April 23, 2007, City Council meeting. Motion passed 5/0. Chief Gerber clarified that he was to provide additional detail regarding the $35,000 technology line item in the CIP. Council agreed. C. Approval of the Verified Claims List This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated there were seven adopt-a-garden payments, each for an amount of $1 00, listed on the verified claims list. He stated the adopt-a-garden funding amount for each person was $50 in 2006. He questioned what the additional funding was for. Director Brown stated the adopt-a-garden program was funded by Parks Operating budget. The Park Commission had discussed increasing the amount contributed to $100 at its August 2006 and September 2006 meetings. The Commission had received feedback from many of the volunteer gardeners that they were spending $200 - $250 of their own money on garden supplies (e.g., plants, mulch, edging, etc.) in addition to donating their time. Councilmember Woodruff questioned if the $100 was enough to cover the personal money spent. Brown stated the Commission wanted to be conservative with 2007 increase. In response to question from Councilmember Woodruff, Director Brown stated the Park Commission had oversight responsibility for the adopt-a-garden program. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 10 of 12 Councilmember Turgeon stated one of the volunteer gardeners had not spent the entire $50 contribution received in 2006. She then stated the gardens were beautiful, some of the volunteer gardeners were master gardeners. Most of the volunteer gardeners used plantings from their own gardens. She questioned if one of the companies the City had contracted with for tree trimming could be asked to donate mulch. She then questioned what the contribution amount should be, and should the amount vary based on the garden. Director Brown stated the Park Commission surveys the volunteer gardeners with regard to what they are spending; but the Commission did not request the gardeners submit receipts for their expenses. Most of the gardens were tended on a weekly basis. He again stated that the Commission heard from most of the gardeners that they were spending $200 - $250 of their personal money on the gardens. The Commission thought a $100 contribution from the City was a good compromise. Councilmember Turgeon stated if the monies spent were mainly for mulch then the City could obtain mulch for them to use. Director Brown stated the comments to the Commission was the money spent was mainly for plantings. He then stated it was his understanding that master gardeners generally don't like to use mulch from tree trimmers because there was too much debris (e.g., buckthorn, weeds, etc.) mixed in with the mulch. Councilmember Woodruff suggested that the Park Commission have a yearly review of the program and provide Council with an update. Director Brown commented that the Park Commission partakes in an annual tour of all of the sites. Councilmember Callies stated the item before Council at this time was approval of the seven $100 adopt- a-garden payables. Woodruff moved, Wellens seconded, Approving the Verified Claims List as Submitted. Motion passed 5/0. D. Approval of the Spring Clean-Up Contracts for Services This item was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated she had this item removed from the consent agenda so Administrator Dawson could explain how the spring clean-up program would work. Administrator Dawson explained that the 2007 Spring Clean-up Day program would be a drop-off program. The fees that would be charged were in the process of being refined. Staff was also trying to estimate the amount of materials that would be dropped off for this first-time effort. Any deficit would be funded from the Recycling Fund balance. Director Brown stated a list of items that would be accepted and the associated costs that would be charged would be published in the ShoReport. The greatest challenge was to estimate the volume and weight of the materials that will be collected as the City had no previous experience with this type of program. It may take up to three years of gathering drop-off program data before the City would have a relatively accurate estimate. The City would be charged a per-ton fee to dispose of the materials. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 11 of 12 With regard to electronics, Director Brown explained the vendor charged the City based on the size of the item with two-inch increments; and Staff is trying to determine a process to make it reasonable to manage. Almost all electronics would be accepted. Councilmember Wellens stated he understood the drop-off program to be a "pay-as-you-go" program; there would not be any charge on the residents' utility bills. Wellens moved, Woodruff seconded, Awarding the Contract for 2007 Spring Clean-Up Services as Recommended by Staff. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Review of the No-Parking Restrictions on Birch Bluff Road Engineer Landini explained that in 2005 numerous residents along Birch Bluff Road petitioned the City to restrict parking to the south side of the street. A resolution was passed with the condition that it be reviewed by October 1,2006. The residents were sent a survey asking if the parking restriction should be continued or removed. Of the 39 surveys transmitted, there were 24 responses. Sixteen responses preferred to continue the restriction and eight wanted to remove the restriction. Mayor Lizee thanked Staff for conducting the survey. Turgeon moved, Woodruff seconding, Taking No Action to Remove the No Parking Restriction on the South Side of Birch Buff Road. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson reviewed a list of upcoming meetings which were as follows: ~ SLMPD Coordinating Committee Meeting April ll, 2007 ~ Emergency Preparedness Seminar on April 12, 2007 ~ South shore Center / Senior Programming Funding Discussion April 17, 2007 ~ Council Work Session April 16, 2007 ~ EFD Funding Formula Discussion April 19,2007 ~ EFD Board Work Session re: Firefighters Relief Association April 25, 2007 Director Brown stated on March 21, 2007, there was an incident involving the Metropolitan Council Environmental District with regard to a sanitary sewer system backup that affected eight homes. Crews from Excelsior, Shorewood and Victoria responded to the action taken by Met Council that resulted in the backup. He commented that he would bring a summary of the City's policy with regard to similar types of instances before Council at a future meeting. He explained that he had met with representatives of the Met Council four times that evening, and they were very cooperative. He stated Met Council was working with a claims representative regarding the homes that were damaged. In response to a question from Councilmember Wellens, Director Brown explained the City's insurance covered incidences where the City was a fault. SHOREWOOD CITY COUNCIL REGULAR MEETING April 9, 2007 Page 12 of 12 B. Mayor & City Council Councilmember Woodruff stated the LMCC (representing its 17 member cities) and national and state cable organizations were banding together to submit a protest response to the FCC regarding its ruling on entities coming into a city and wanting to install a system to compete with cable. He also reviewed the ruling and he had submitted to Staff areas of the City's Ordinance that should be reviewed with regard to companies doing work in the City's rights-of-way. In response to a question from Councilmember Turgeon, Attorney Keane stated a demand letter was sent to Ascending Praise Church (APe) for past due rent and utility payments and damages; and the letter was straightforward. In response to another question, Keane clarified that the letter was an all-in-demand letter and the City would have no recourse should there be additional expense for restoring the house to a habitable condition. In response to question from Councilmember Turgeon, Director Brown stated Staff would begin removing debris from the house this week and they would place all personal items left behind in one area of the house and those items could be claimed by a certain date. He stated the painter was available to begin immediately; Brown would check with ServiceMaster to determine if the house should be cleaned before or after the painting was done. In response to a question from Councilmember Turgeon regarding the petition for a street light on Park Lane, Director Brown explained that the next step would be for the City to verify that petitioners were still interested in having a light installed because they would be responsible for paying for the installation. Councilmember Wellens encouraged Council to consider what they would like to do with the City-owned house, and that item should be placed on a future agenda for discussion. 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Regular Meeting of April 9, 2007, at 8:50 P.M. Motion passed 5/0. ~G~ Christine Lizee, Mayor RESPECTFULLY SUBMITTED, Christine Freeman, Recorder