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011408 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 14, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 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; Administrator Dawson; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, December 10, 2007 Turgeon moved, Callies seconded, Approving the City Council Regular Meeting Minutes of December 10, 2007, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Callies 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. 08-001, "A Resolution Setting the 2008 Regular Council Meeting Schedule for the City of Shorewood." C. Staffing - No action required D. City Clerk's License List E. Adopting RESOLUTION NO. 08-002, °~A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database Conditional Use License Agreement with Hennepin County for the Year 2008." SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 2 of 7 F. Travel Policy for Elected Officials G. Adopting RESOLUTUION NO. 08-003, "A Resolution Approving an Amendment to the Boulder Bridge Farm Development Contract." H. Set Public Information Meeting Date for the Storm Water Pollution Prevention Program (SWPPP) Public Meeting I. Authorize Expenditure of Funds for Purchase of a Replacement Computer and GIS Software Motion passed 5/0. 4. MATTERS FROM THE FLOOR Tom Thiss 23740 Lawtonka Drive, stated it was his understanding that Council was going to consider a resurvey of his property at this meeting. Director Nielsen explained that he had not asked that be put on the agenda for the evening; it would be placed on the next meeting agenda and Mr. Thiss would receive a copy of the Staff report and agenda in advance of the meeting. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Activities Director Brown reported on matters considered and actions taken at a December I1, 2007, Park Commission meeting (as detailed in the minutes of that meeting). In response to a question from Councilmember Woodruff, Director Brown explained that at this time Staff did not require any action by Council in order to deny organizations the use of the .City's park facilities if they did not follow the City's rules. 8. PLANNING -Report by Representative Commissioner Gniffke stated there had not been a Plamling Commission meeting since the last City Council regular meeting. 9. GENERAL/NEW BUSINESS A. Woodruff moved, Callies seconded, Adopting RESOLUTION NO. 08-004, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2008, subject to the following amendments: Acting SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 3 of 7 Mayor would continue to be Laura Turgeon; Park Commission Liaison for January -June 2008 would be Paula Callies; Park Commission Liaison for July - December 2008 would be Martin Wellens; Planning Commission Liaison for January -June 2008 would be Richard Woodruff; Planning Commission Liaison for July -December 2008 would be Laura Turgeon; Minnehaha Creek Watershed District Liaison would be Laura Turgeon; Riley-Purgatory-Bluff Creek Watershed District Liaison would be Laura Turgeon; Lake Minnetonka Communications Commission would continue to be Richard Woodruff; Metro Cities (Association of Metro Municipalities) would continue to be Paula Callies, with Craig Dawson as alternate; Excelsior Fire District Board Member would be Paula Callies and Alternate Excelsior Fire District Board Member would be Martin Wellens." Motion passed 5/0. Mayor Lizee related that for continuity purposes the EFD Board's preference was to have a minimum two-year commitment for EFD Boardmembers. She thought it appropriate for Councilmember Callies, the 2007 alternate EFD Board Member and whose term ran through 2010, to assume the position of regular Board Member. B. Amendment to the Excelsior Fire District (EFD) Joint Powers Agreement Administrator Dawson stated the Excelsior Fire District (EFD) Board had recommended four sections of the EFD Joint Powers Agreement (JPA) be amended. The amendments would improve the financial . management of the EFD and update references included in the JPA. He then reviewed the proposed amendments. - In Section 5.2 and Section 6.1 all references to the "Uniform Fire Code" would be updated to the "Minnesota State Fire Code". - In Section 6.1, the requirement for Member Cities to adopt "Appendix E" (requiring building sprinkler systems) would be replaced with Minnesota State Building Code, Chapter 1306. - In Section 7.2, the dates the member cities must make their payments to the Excelsior Fire District would be changed to January 15th, April 15th, July 15th, and October 15th from February 1st, May 1st, August 1st, and November 1st to assure the funds would be available for timely payment of the building and equipment leases. - In Section 8.1, the dated for approval of the CIP by at least four-fifths of the member cities' councils would be moved to July l5th from April 15th to allow the CIP to be reviewed more timely with the EFD's operating budget. Dawson then stated the Excelsior, Greenwood, and Tonka Bay councils had approved the amendments; the Deephaven had not taken final action of the matter yet. The following clarifications were made with regard to the proposed amendments. - The State took the Intenlational Uniform Fire Code and modified it to be more specific to the State of Minnesota; the State then adopted the code to be the Minnesota Fire Code which all municipalities were required to adhere to. - The City's Code adopts the Minnesota Fire Code by reference and by ordinance (the City adopted an ordinance whenever the Minnesota Fire Code or Minnesota Building Code SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 4 of 7 was updated). The ordinance adopting the recent new Fire Code had not been presented to Council for consideration as of yet. - The City did not change any of the Minnesota Fire Codes or Building Codes; but, there were optional sections in the Minnesota Fire Code that the City may choose not to adopt (e.g. certain restrictions for sprinkler systems in commercial buildings). - If the City had more restrictive codes, they would remain in effect. - Prior to 1996, the City had adopted the optional building sprinkler code (long before the other member cities had adopted it). - The Planning Commission had not considered updates to the Minnesota Fire Code in the past; but, if Council wanted the Commission to be informed of the changes Staff would do so. Woodruff moved, Callies seconded, Approving RESOLUTION NO. 08-005, "A Resolution Approving the Second Amendment to the Excelsior Fire District Joint Powers Agreement." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS In response to a question from Councilmember Woodruff, Director Brown explained that WSB and Associates had conducted an inspection of the Shady Island Bridge. Brown commented the bridge had been and would continue to be inspected annually. Brown explained WSB's inspection report indicated there was non-critical hardware (e.g. a number of plates and bolts) that was missing from the Bridge. Staff had since conducted a more thorough inspection of the Bridge to inventory the specific hardware that was missing. The missing hardware had been ordered and it was anticipated that all of the hardware would arrive within the next 2 - 3 weeks and would be installed accordingly. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated a meeting of the Southshore Center working group was scheduled for January 15, 2008; there was an EFD Board meeting scheduled for January 23, 2008; and there was an SLMPD Coordinating Committee meeting and SLMPD Strategic Planning meeting scheduled for January 30, 2008. Administrator Dawson then stated the City had been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Govermnent Finance Officers Association for the fiscal year ended December 31, 2006. He noted this was the fifteenth consecutive year that the City had received the Certificate. He explained that 283 cities with populations under 10,000 (out of more than 32,000 municipalities in that category nation wide) received the award for 2006. Mayor Lizee extended her congratulations to the Staff for the award. B. Mayor & City Council Mayor Lizee stated the City received a Cynthia Krieg public education grant from the Minnehaha Creek Watershed District to pay for two environmental education programs in 2008. The program would be for individual homeowners and lawn care service providers -one program would focus on organic or low SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 5 of 7 impact lawn and garden care; the other would focus on improving the quality of stormwater run-off from a residential property through the use of rain gardens, rain barrels and landscaping. Mayor Lizee stated she had held a coffee with the mayor session on January 12, 2008, and a number of residents had attended. She commented that Councihnember Woodruff held one at the same time. Lizee stated one of the questions raised was regarding how the City planned to use the funds in the Liquor Fund. She then reviewed some of the ideas she had heard from the residents for the use of the funds: grants for neighborhood groups to improve environmental aspects of their neighborhood; a wetland restoration project at Freeman Park; buckthorn removal along the LRT trail; native grass plantings; and projects using green or sustainable products. She stated she heard residents state the Liquor Fund had been accumulated over more than 40 years and the residents would like the funds to be invested back into the community. She suggested a Saturday workshop be held in April 2008 (after the final amount of the Liquor Fund was determined) to take input on how the residents thought the funds should be used. Director Brown provided an update on the Arctic Fever event scheduled for January 19, 2008. He recognized Twila Grout and Julie Moore for their efforts relating to this event. Councilmember Woodruff reported on a joint meeting of the Lake Minnetonka Association (LMA) and the Lake Minnetonka Conservation District (LMCD) he had attended recently. The topic of the discussion was a plan the LMA and LMCD had drafted to kill off Eurasian water milfoil in Lake Minnetonka, beginning with a herbicide treatment early this spring. The plan was based on a 2006 test treatment in Carman Bay, Gray's Bay and Phelps Bay. As it related to the City, the 2008 liquid herbicide applications estimated cost could be as much as $130,000 for Phelps Bay; the treatment program was a five-year program. The Department of Natural Resources (DNR) had $20,000 it could committ for the applications on Phelps Bay. The LMA would likely apply for a small grant from the DNR for the applications. The LMCD's Board had agreed to contribute $5,000 for the the applications to each of the three bays and the funds would come from the LMCD's Save-the-Lake fund. The lakefront-property owners would be asked to pay the rest -- voluntarily. There were approximately 130 properties on Phelps Bay. To be effective, the herbicides must be applied when the water is still cold, in late April or early May. Woodruff stated he had attended an LMCC Board meeting in mid-December 2007. At that meeting there was a presentation by an individual who was very involved in helping entities (e.g. cities, counties, etc.) develop infrastructures for "fiber-to-the-home" to allow true broadband capabilities to the properties. He asked if Council would like for him to request the LMCC provide the City with additional information on this topic with the understanding the City would not be obligated to move forward with the concept. There was Council consensus to authorize the LMCC to pursue gathering information and to have a presentation on this matter. Woodruff went on to state in June 2007 Council had discussed the topic the possibility of cablecasting Council work session meetings. At that time the majority of the Council voted not to pursue that. He stated there had been instances during work sessions over the last six months when a topic had been discussed in a work session in great depth and action was taken at a regular Council meeting; the public was not aware of the work sessions discussions if they had not attended the work session meeting. He recommended it would be beneficial to the residents for them to have electronic access to the meetings. Mayor Lizee stated she agreed the City should provide quality communications to its residents about what was occurring in the City; but noted a vote had been taken to not cablecast the work session meetings. She noted that the cost to cablecast would have to be considered as that was not budgeted for SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 6 of 7 in 2008; if Council wanted to again consider this item it should be discussed during 2009 budget discussions. She stated in order to reconsider the item it would, as a point of order, have to be brought up through the prevailing side of that vote. Councilmember Callies stated she did not think it had to be brought up through the prevailing side. She thought as a point of order atwo-thirds majority of the Council would have to rescind its prior motion. Attorney Keane explained that a motion to reconsider a motion which had been voted upon could be brought up during the meeting when the vote was taken or during the first meeting of the convening body following the meeting during which a vote was taken. A motion to rescind, another procedural action, would require atwo-thirds majority in accordance with Robert's Rules of Order (which the City adopted as its governing guide). The rescind approach was to ensure that matters which had been decided upon would not continue to be brought back without a super majority of the governing body agreeing to do so. Council had the prerogative to suspend Roberts Rules of Order at any time, and a motion could be entertained on that basis. Councilmember Callies stated the cost was one of the reasons for deciding not to cablecast the work sessions. She questioned how many residents would view the work session meetings. Councilmember Woodruff requested Staff present Council with the costs for cablecasting work sessions at its next meeting for further discussion. He commented he thought the costs were minimal. He stated he agreed with a statement that budgets are to offer guidance but not there to restrict flexibility. Councilmember Wellens stated during exchanges with Councilmember Woodruff, Councilmember Woodruff had tried to convince him to support the cablecasting of work sessions. After he read an article on the LMCC in the Sun Sailor which related that the LMCC had stated it had great success with the video-streaming of meetings, and the demand was so great that the LMCC had to increase its bandwidth. Based on the article, he could appreciate Woodruff's request. Councilmember Callies requested the procedures that must be followed also be discussed at the next meeting. Director Nielsen stated that Planning Commissioner Gagne had surgery last week, and he was at home recovering. Councilmember Wellens stated he had sent Council an article about the ACLU trying to persuade the City to change its sump-pump ordinance. He asked that topic be discussed at a future meeting. Turgeon moved, Wellens seconded, recessing the meeting to an Executive Session at 7:56 P.M. Motion passed 5/0. 12. EXECUTIVE SESSION -CITY ADMINISTRATOR PERFORMANCE REVIEW The purpose of the executive session was to discuss the City Administrator's performance review. All Councilmembers were present. The City Council reconvened in regular session at 9:01 P.M. SHOREWOOD CITY COUNTIL REGULAR MEETING January 14, 2008 Page 7 of 7 13. ADJOURN A motion was made and seconded, adjourning the City Council Regular Meeting of January 14, 2008, at 9:01 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: ~~ Craig W. D~wx~i,ri, City administrator/Clerk a