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012808 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JANUARY 28, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:08 P.M. A. Roll Call Present. Mayor Lizee; Counciimembers 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 Woodruff moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 14, 2008 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of January 14, 2008, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 14, 2008 Wellens moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of January 14, 2008, as Amended in Section 10.A, Page 5, Paragraph 5, Sentence 3, change "There was Council consensus to have a presentation on the matter." to "There was Council consensus to authorize the LMCC to pursue gathering information and to have a presentation on this matter." Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Wellens 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 C. City Clerks License List SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 2 of 9 D. Establishing May 17, 2008, as Spring Clean-up Day (This was moved to Item 10.B under Engineering/Public Works.) E. Adopting RESOLUTION NO. 08-006, "A Resolution Amending Resolution No. 04- 031." F. Adopting RESOLUTION NO. 08-007, "A Resolution Approving Change Order No. 1 for Lift Station No. 12, City Project 06-O1." G. Authorize Expenditure of Funds for GPS and AutoCAD H. Authorize Expenditure of Funds for Planning Department Computer Purchase Councilmember Woodruff asked that Staff include what the budget amount was for items that were presented to Council for consideration (in this instance he was referring to Items 3.F and 3.G). Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS No report was given because there had not been a Park Commission meeting since the last City Council Regular meeting. 8. PLANNING Commissioner Gniffke reported on matters considered and actions taken at the January 15, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). A. Park Dedication Fee Director Nielsen stated Council had directed Staff to propose a park dedication fee which would be included in the City's Municipal Fee Schedule. He explained the City collected park dedication fees at the time land was subdivided for development. The current fee of $2,000 per residential lot was established in 2002 and it had not been adjusted since. SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 3 of 9 Nielsen then explained State Statutes allowed for park dedication to be required in two ways: 1) the City could require that a certain amount of land be set aside in the development projects for use as future parks; or 2) the City could require fees in lieu of land. The City's policy for the last several years had been to require cash in lieu of land. Although not stated in the Statute it had been a well accepted and defended practice that the maximum amount collectable appeared to be 10 percent of the raw value of the land. In order for a city to require park dedication through development, the Statutes required a city to have a comprehensive plan and a capital improvements budget for parks (of which the City had both). The Statutes only allowed park dedication fees to be used for the acquisition of land or the development of park property; maintenance and operations had to be funded in other ways. Nielsen went on to explain that after reviewing the current State Statutes the first thing Staff did in formulating a recommendation was to research what other cities were charging relative to their park dedication. fees. Staff researched a survey prepared by the Association of Metro Municipalities, several Lake Minnetonka communities that did not participate in the survey, and certain cities with relatively contemporary development regulations that the City routinely reviewed. The fees ranged from $1,000 to as much as $25,000 per lot in Minnetrista. Nielsen stated past park improvements had been largely funded through land development (i.e., the collection of park dedication fees). Although the City was approximately 95 percent developed, the City's park system still lead needs. The 2008 General Fund budget included a transfer of $10,000 for park system related projects; that amount would not be sufficient to fund the projects ideirtifled. Nielsen explained he presented the research findings to the Park Commission and suggested the Commission consider fees in the range of $4,000 - $6,000. After a fair amount of discussion, the Park Commission recommended a fee of $5,000. He also explained at its January I5, 2008, meeting the Planning Commission held a public hearing on this matter. After discussion the Commission decided to unanimously recommend the park dedication fee for new residential lots be increased to $5,000. Councilmember Wellens stated from his vantage point he did not think the City was following the intent of the legislation any longer; the intent of the legislation to allow a park dedication fee was for a very large development where a new park would be developed and land would be required to do so. The Statues stated the park dedication fee could not be used for maintenance of parks. He then stated he did not dispute there would always be a need for fiords for the City's parks. He also stated the issue was whether it was right to gouge just a few property owners and make them pay way out of proportion to their usage of facilities. He went on to state his preference would be to abolish the park dedication fee because the City was almost completely developed. Councilmember Turgeon stated she did not totally disagree with Councilmember Wellens, and owners of new lots would pay a higher fee than owners paid in previous years. But, the residents of the new properties would use the parks paid for by park dedication fees which others had paid. She was not sure she would agree that it was illegal to increase the fee because State Statutes allowed for cities to collect the fee. She then stated she had always struggled with the fee because it was another fee the developer had to pay. She could either support the increased fee or abandoning the fee. If the fee were to be abandoned, she would like Staff to provide Council with data reflecting what the impact would be if a percentage of the General Fund budget were allocated to the Park Fund each year rather than just fixed amount as was currently done. If the percent allocation scenario were to be considered the Park Commission would have to prepare a very specific budget for how the funds would be used. SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 4 of 9 Director Nielsen stated the reason the State allowed a fee to be charged at the time of a subdivision was any new lot created additional demand on the park system; for example, when a developer developed new property he paid for new roads because there would be a demand for that system. The park dedication fee was a means to collect for the additional demand on the parks. He explained that other cities and states had tried other fees that were found to be unconstitutional; the park dedication fee had been upheld. He commented that today Freeman Park was currently valued at approximately $900,000 and that was assuming the land was worth $26,000 (the amount the City had paid for the land); the Park was worth far more than that based on today's land value. Past individuals who subdivided property had already made the investment into the park system; and, taxpayers had bolstered that investment. Councilmember Wellens clarified that he did not say anything was illegal; he stated he did not think the City was following the intent of the legislation. He stated he thought the fee was way out of proportion to the additional demand. He then stated the property owners of very large lots had paid taxes on those lots even if they were empty lots. Attorney Keane stated the rate of the fee was ultimately a policy question. With regard to the legality of the fee, there was a 1976 Supreme Court case which addressed the constitutional issues of the fee. Mayor Lizee thanked the Park Commission and Planning Commission for their efforts related to this topic. Woodruff moved, Turgeon seconded, Approving ORDINANCE NO. 446, "An Ordinance Titled `License, Permit, Service Charges and Miscellaneous Fees." Motion passed 3/1 with Wellens dissenting. 9. GENERAL/NEW BUSINESS Administrator Dawson stated it had been past practice for Council to make its appointments to the Minnetonka Community Education (MCE) Advisory Council, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) during the month of January. He then stated the applicant for the LMCD had not yet had the opportunity to meet with Council prior to this meeting; therefore, action on that appointment would be taken at a future meeting. The only applicants for the MCE and LMCC positions were those already serving in those capacities. Mayor Lizee stated the two applicants had served the City well in the past. A. Making the Minnetonka Community Education Board Representative Appointment Turgeon moved, Woodruff seconded, Approving RESOLUTION NO. 08-008, "A Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council" and RESOLUTION NO. 08-009, "A Resolution Making an Appointment of Patrick Hodapp to the Lake Minnetonka Communications Commission". Motion passed 4/0. B. Making the Lake Minnetonka Communications Commission Board Representative Appointment This was discussed as part of Item 9.A. SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 5 of 9 C. Cablecasting City Council Work Sessions Administrator Dawson stated at the January 14, 2008, City Council regular meeting there was interest expressed in reconsidering Cablecasting of Council work sessions. He noted at its June 11, 2007, Council meeting a motion to cablecast the work sessions did not carry. He stated at the January 14ti' meeting Council raised a question about how Robert's Ruies of Order applied to something the Council acted upon in 2007; in summary, the Council could consider this matter with a new motion to do so. Administrator Dawson then stated the cost for Cablecasting of work sessions could be absorbed in the Operating Budget; the City would have to make arrangements for someone to be the camera operator for the meeting as the LMCC was not obligated to provide that service. He noted the concerns that had been discussed regarding the Cablecasting of work sessions had been documented in a memorandum he provided to Council in 2007. Councilmember Woodruff stated at the January 14th meeting he had asked that the Cablecasting' of work sessions be revisited. He clarified he wanted the work sessions available for video-on-demand and live- streaming. He stated he had received a number of requests from people who use the video-on-demand service from the LMCC. Woodruff moved, Wellens seconded, Approving the Cablecasting of Council Work Sessions. Councilmember Wellens stated he had voted against the Cablecasting of work sessions at the June 11, 2007, meeting. He had recently changed his mind because of an article published in the Sun Sailor which stated the LMCC had exceeded its transmission capacity for video-on-demand and the LMCC would be required to purchase additional bandwidth to accommodate increased viewership. Councilmember Turgeon suggested some member of the staff take training on how to operate the camera so they could perform that function if need be. She then stated based on her experience she often observed lulls on public-access Channel 8 (which was where the City's regular meetings were broadcast); she questioned why the LMCC would state there was no available capacity for broadcasting the work sessions and therefore the work sessions would be broadcast on Channel 12 or 21. She would like an explanation from the LMCC on that matter. Mayor Lizee stated she was always in support of getting more information out to the public; but, in eight years as a Councilmember and during her tenure as Mayor she had never received a request for Cablecasting of work sessions. She then stated she would prefer to find out what the additional costs (beside the cost for the camera operator) were before the policy was considered; costs such as expanded bandwidth (the cost would increase from $3,000 to $6,000), additional storage costs for the video, costs to prepare the recorded meeting for live-streaming and television viewing, and indexing meetings by agenda topics (which would require an upgrade). She would like the LMCC to identify what all the costs for providing cable television and video-on-demand access to work session would be. She was not uncomfortable with Cablecasting the work sessions, but she wanted to know all the costs before taking action on the item. She commented the increased LMCC costs for video-on-demand would be funded by cable users; they would not be funded by Internet users that did not have cable. Councilmember Woodruff stated the costs for additional video-on-demand streaming of meetings would be minimal portion of the additional block of bandwidth the LMCC purchased. He then stated indexing by agenda was something the LMCC was considering and no decision had been made to do so as of yet. If the technology were to be purchased the City would have to pay additional costs to have its meetings SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 6 of 9 indexed; someone would be trained to do that for the regular Council meetings so there would not be additional training required for work sessions. Motion passed 3/1, with Lizee dissenting. D. Councilmember Resignation /Appointment Process Administrator Dawson stated that former Ward 3 Councilmember Paula Callies had submitted her resignation from the City Council effective January 18, 2008. Ms. Callies was appointed to serve as the City Attorney for the City of Dundas; her responsibilities included attendance at Dundas' council meetings which were held on the same evenings as the Shorewood City Council meetings. He explained Council must approve a resolution accepting Ms. Callie's resignation and declaring a vacancy existed. Administrator Dawson then reviewed two proposed schedule/advertising options for filling the Council vacancy: Option 1) this option relied media releases and the City's website; and, Option 2) this option relied on the use of media releases, the City's website, and advertisement. Option 1 could be completed faster than Option 2. He explained that the Ward 3 Council vacancy must filled from a resident in Ward 3. Because more than one-half of the term was remaining for that office, a special election would have to be held November 2008. The person elected in November would fill the remainder of the term; as soon as the election was canvassed the person could be seated on the Council. He clarified the interim appointment of a Councilmember would remain in effect until the canvassing was completed. Wellens moved, Turgeon seconded, Adopting RESOLUTION N0.08-010. "A Resolution Accepting the Resignation of Ward 3 Council Member Paula Callies and Declaring a Vacancy on the City Council." Motion passed 4/0. Councilmember Woodruff stated he would not be able to participate in person in the interviews on March 3, 2008, but he could participate by phone. In response to a question from Councilmember Wellens, Attorney Keane explained if there was no one interested in the Ward 3 seat it would remain open until the special election. Councilmember Woodruff requested that a specific date be set for appointment of the elected Councilmember. Attorney Keane stated Council could, by ordinance, specify the elected Councilmember would be appointed at the first regular Council meeting after the election. Woodruff stated he could support that being the official start date. Turgeon moved, Wellens seconded, approving the schedule for appointing an interim Ward 3 Councilmember which was as follows: January 30 -February 21, 2008 -advertise on the City's website and publish press releases; February 21, 2008, 12:00 P.M. -close the acceptance of letters of interest and distribute the letter to Councilmembers as soon as possible; March 3, 2008 - interview the applicants; and March 10, 2008 -make the appointment of the interim Ward 3 Councilmember. Motion passed 4/0. E. Replacement Appointments to Certain Offices and Positions within the City Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 08-011. "A Resolution Amending Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2008, subject to the following amendments: Park Commission Liaison for January -June SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 7 of 9 2008 would be Martin Wellens; Metro Cities (Association of -Metro Municipalities) would be Martin Wellens, with Craig Dawson as alternate; Excelsior Fire District Board Member would be Martin Wellens; and Alternate Excelsior Fire District Board Member would be Richard Woodruff." Motion passed 4/0. Mayor Lizee thanked Ms. Callies for her many years of service to the City; and, stated she hoped the City could do something to recognize them. She stated Ms. Callies had served as a Councilmember and in that capacity she was a good representative for residents in her Ward as well as for all the residents in Shorewood; she also served the residents well when she served as a member of the Planning Commission. Ms. Callies currently served as a member of the Parks Foundation Board and would continue to serve in that capacity. Lizee wished her well in her new endeavors and stated she would be greatly missed. F. Amendment to City Code Regarding Sump Pump Connections Administrator Dawson explained in a recent federal court case, a provision in the City of Little Canada's Code regarding administrative searches for connections of sump pump discharges into the sanitary sewer system was found to be unconstitutional. He stated he and the City Attorney had reviewed the provisions in Shorewood's Code regarding the matter and they recommended an amendment to the City's "sump pump ordinance" that would be in keeping with the federal district court findings. In response to a series of questions from Councilmember Woodruff, the following clarifications were made: - For properties not in compliance, they were charged asump-pump surcharge of $300 per quarter. The City could determine how long it would like to wait before securing an administrative search warrant for inspection for noncompliance. - If a property chose to hire a plumber to conduct the inspection, the property owner would pay for the cost of that inspection. - If the City conducted the inspection the City would pay the cost for the inspection. Councilmember Wellens clarified the City could secure the administrative search warrant. Attorney Keane clarified the search warrant would have to be approved and authorized by the court. Wellens moved, Woodruff seconded, Approving ORDINANCE NO. 447, "An Ordinance Amending Chapter 904 of the Shorewood City Code Relating to Prohibited Discharges into the Sanitary Sewer System." Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Civil Defense Sirens Director Brown stated a need identified in the Capital Improvement Program (CIP) was the replacement of two civil defense sirens within the City. He explained Bryan Litsey, Emergency Management Director, had advised all South Lake Minnetonka Police Department (SLMPD) member cities that all of the sirens currently in operation had numerous problems and were in need of replacement. He commented Greenwood and Tonka Bay had already secured contracts for the installation of their systems. He stated the City had solicited quotes and received quotes from Ready Watt Electric, Inc., and Federal Warning Systems, Inc. The low quote was submitted by Ready Watt Electric for an amount of $40,304; that SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 8 of 9 amount was within the budget amount of $50,000. Staff recommended accepting the quote from Ready Watt Electric for the replacement of the Civil Defense Sirens. In response to a question from Councilmember Woodruff, Director Brown stated the contractor would commence with the work immediately provided the weather was not severely cold. Brown anticipated the new sirens would be functional before the 2008 storm season. Woodruff stated he was provided with the detailed information on what would actually be purchased. Wellens moved, Woodruff seconded, authorizing the expenditure of funds from the Public Facilities Fund for the amount of $40,304 for the purchase of replacement Civil Defense Sirens from Ready Watt Electric. Motion passed 4/0. S. Establishing May 17, 2008, as Spring Clean-up Day Sirens This item was removed from the consent agenda at Councihnember Turgeon's request. Councilmember Turgeon stated she was not opposed to setting the date for the City's spring clean-up day. She questioned if the City should consider participating in amulti-community drop-off hazardous waste recycling effort in conjunction with Hennepin County to reach the volume necessary for residents to be able to drop off their hazardous waste free of charge. She would hope that the five South Lake cities would participate in a joint effort. If a joint effort would not happen, then she suggested that the City should tell its residents to drop off their hazardous waste at Minnetonka's drop-off site (which was what Deephaven was telling its residents to do). She commented that Minnetonka's spring clean-up days were scheduled for May 17 - 19, 2008. Director Brown stated typically Staff had directed residents to the Minnetonka drop-off site when they came to the Public Works facility with hazardous waste on spring clean-up day. He then stated the City had tried to do collect hazardous waste, but the City did not generate enough volume to make it worthwhile for the recycler the County used. He stated he would contact the other Lake area communities to see if they had interest in conducting a joint effort. Mayor Lizee stated if the City did a cooperative effort, she recommended the location for the drop-off be one with easy access to and from the site. She did not think the Public Works site would be conducive to amulti-city effort. Councihnember Turgeon commented that Deephaven had already scheduled its spring clean-up day for May 5, 2008. In response to a question from Councilmember Woodruff, Administrator Dawson stated the City usually published the date for the spring clean-up effort in the April newsletter. Turgeon moved, Wellens seconded, establishing May 17, 2008, as Spring Clean-up Day for the City of Shorewood. Motion passed 4/0. SHOREWOOD CITY COUNCIL REGULAR MEETING January 28, 2008 Page 9 of 9 STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated a meeting of the cities' members of the Southshore Center working group was scheduled for January 29, 2008; there was a SLMPD Coordinating Committee scheduled for January 30, 2008, at 4:00 P.M. and that meeting would be followed by a SLMPD Strategic Planning meeting at 5:30 P.M. He then stated a flyer had been routed to Council regarding the National Incident Management System training course for elected officials scheduled for February 27, 2008; he commented that a similar course had been conducted two years ago. Councilmember Woodruff stated he would not be able to attend the course, but would like to attend amake-up session if one was conducted. Dawson stated there was another meeting scheduled for January 29, 2008, with Collaborative Design Group. Director Brown stated the turnout for the Arctic Fever event was good. Councilmember Wellens stated a copy of his report on the EFD Board meeting held January 23, 2008, was included in the meeting packet. B. Mayor & City Council Mayor Lizee recessed the meeting at 8:08 P.M. to the work session which would be followed by an Executive Session. 11. EXECUTIVE SESSION -CITY ADMINISTRATOR'S PERFORMANCE REVIEW Mayor Lizee convened the executive session at 9:00 p.m. The purpose of the executive session was to discuss the City Administrator's performance review. All Councilmembers and Administrator Dawson were present. Mayor Lizee reconvened the regular meeting at 9:50 P.M. 12. ADJOURN A motion was made and seconded, adjourning the City Council Regular Meeting of January 28, 2008, at 9:50 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: f ,~_, 4- Christine Lizee, Mayor E d Craig ~: llawson, City Administrator/Clerk