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031008 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MARCH 10, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P,M. Present. Mayor Lizee; Councilmembers Turgeon, Wellens, Woodruff, and Bailey (7:03 p.m. arrival); Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None A. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. NEW BUSINESS A. City Council Ward 3 Appointment Acting Administrator Brown stated the City had received three applicants to fill the vacant City Council Ward 3 position - Malinda Schmeichen, John B. Dean, and Jeffery V. Bailey, Council interviewed the applicants at a March 3, 2008, special City Council meeting. At that meeting Council directed Staff to prepare a resolution for consideration appointing Mr. Bailey to the City Council Ward 3 position. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-021, "A Resolution Making an Appointment to the Vacant City Council Ward 3 Position for the City of Shorewood." Councilmember Woodruff stated he was not present at the March 3, 2008, special meeting, but he had conducted phone interviews with the three applicants and he concurred with the selection of Mr. Bailey. Motion passed 4/0. Mayor Lizee welcomed Mr. Bailey. Acting City Administrator Brown administered the Oath of Office to newly appointed interim Ward 3 Council Jeffery V. Bailey. Councilmember Bailey assumed his Council seat at 7:03 P.M. 3. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 25, 2008 SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 2 of 8 Wellens moved, Turgeon seconded, Approving the City Council Regular Minutes of February 25, 2008, as presented. Motion passed 3/0/2 with Bailey and Woodruff abstaining due to their absence at the meeting. B. City Council Special Meeting Minutes, March 3, 2008 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of March 3, 2008, as presented. Motion passed 3/0/2 with Bailey and Woodruff abstaining due to their absence at the meeting. 4. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Staffing - No action required Motion passed 5/0. Councilmember Woodruff stated on the verified claims list there was an item for payment for the televising of the sanitary sewer system; he asked Staff to comment on that payment. Acting Administrator /Director of Public Works Brown stated that was a partial payment to the contractor. The contractor had completed the televising of the sanitary sewer and the City had received a logging of that. The process of identifying the trouble areas and grouting them would soon be started. 5. MATTERS FROM THE FLOOR Councilmember Woodruff stated he had received a call from a resident regarding the use of golf carts on City streets. He asked that Staff to review the City Code to see if there were any restrictions. 6. REPORTS AND PRESENTATIONS None. 7. PUBLIC HEARING None. 8. PARKS Acting Administrator/ Public Works Director Brown stated there had not been a Park Commission meeting since the last City Council regular meeting. 9. PLANNING SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 3 of 8 Director Nielsen stated there had not been a Planning Conunission meeting since the last City Council regular meeting. A. Amendment to Wetland Ordinance regarding LGU Authority Director Nielsen stated after the City received news that the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) was relinquishing its authority for Wetland Conservation Act (WCA) pernitting, City Staff prepared an amendment to Chapter 1102 of the City Code which would transfer that authority to the City. The Planning Commission held a public hearing on 19 February to consider the amendment. Nielsen explained as the amendment to the Code was being drafted and considered, Staff had been researching the feasibility of delegating Local Government Unit authority for WCA permitting for lands inside Shorewood within the RPBCWD jurisdiction to the Minnehaha Creek Watershed District (MCWD). Staff had met with Eric Evenson, MCWD District Administrator, and James Wisker, District Technician, Permitting, to discuss this matter and found them to be quite willing to take on this responsibility. The advantages of having MCWD handle the WCA permitting would be as follows. - The entire City would be under one agency for WCA permitting, providing uniformity in processing and evaluating applications for WCA related activities. - The enforcement of WCA rules would be applied consistently throughout the City. - MCWD had an established process for handling WCA permits, and it dealt with them on a routine basis. Staff anticipated there would be very few permits in any given year in that portion of the City; if Staff were to process them, each one would be somewhat of a new experience. The MCWD process would eliminate the need for a conditional use permit, as provided for in the draft amendment. - The MCWD fee schedule would cover the expense of processing applications, and the permitting fees would be uniform for all properties in Shorewood. - Delegating LGU authority for WCA permitting would introduce a third party review by individuals who specialized in wetland issues. Nielsen stated at the February 25, 2008, Council meeting a question arose regarding the RPBCWD taxing authority. That authority would not transfer to MCWD, Mr. Evenson indicated that it would be difficult to justify a project (for example Silver Lake) using MCWD funds, even if some taxes would be collected for lands inside the City within the RPBCWD jurisdiction. Nielsen stated at its February 19, 2008, meeting the Planning Commission voted to recommend adoption of the proposed amendment to the Wetland Chapter of the Code provided the option to delegate LGA authority for WCA permitting to the MCWD was not feasible. The Commission recommended Staff identify the City's list of existing water management issues for lands inside the City within the RPBCWD jurisdiction; projects not included in the City's Capital Improvement Program or on any other project list. The Engineering Department had since compiled a list of such projects -Silver Lake UAA recommended exotic (non-native) plant management; drainage area No. 34; 5750 Covington Road Swale stabilization; 5750 Covington Road sump manhole; Vine Hill Road/Purgatory Creek culvert crossing; and water quality monitoring. Nielsen then stated the Commission had also raised the possibility of charging a fee double the amount of a regular permit fee for after-the-fact permits. A similar after-the-fact policy existed relative to Building Code violations. Staff suggested that the after-the-fact fee policy be addressed for all Code violations. An ordinance amendment to that effect would be presented to the Commission at a future meeting. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 4 of 8 Nielsen stated Staff strongly encouraged Council consider delegating the LGU authority for WCA permitting to the MCWD. That recommendation was supported by the Planning Director, City Engineer, City Attorney and Director of Public Works/Acting Administrator. A draft resolution to that effect was included in the meeting packet. The MCWD had also agreed to provide a draft agreement between the District and the City, formalizing the delegation of authority. Mayor Lizee questioned if the City had to obtain approval from the State Board of Water and Soil Resources (BWSR) to delegate LGU authority. Engineer Landini stated BWSR required a resolution which would then infornz them of that. In response to a question from Councilmember Woodruff, Director Nielsen clarified if LGU authority were delegated to the MCWD the permitting fees would be based on the MCWD fee schedule. Mayor Lizee questioned what the reason was for the RPBCWD Board to relinquish its authority for WCA permitting. Engineer Landini stated the majority of that Board thought its permitting responsibilities were a liability; it relinquished all of its permitting authority. In response to another question, Landini stated he thought there were eight cities that had lands within the RPBCWD jurisdiction; the other cities were much larger and they were petitioning the RPBCWD to take over permitting authority. He explained the RPBCWD Board relinquished responsibilities effective January 1, 2008; the City had requested an extension to May 1, 2008. Turgeon moved, Woodruff seconded, Approving RESOLUTION NO. 08-022, "A Resolution Adopting the Permanent Rules of the Wetland Conservation Act as amended to say `Adopted by the City Council of the City of Shorewood this 10`h day of March 2008'; and subject to approval of the agreement between the City and the Minnehaha Creek Watershed District." Motion passed 5/0. Councilmember Bailey suggested the Planning Commission consider alternatives to the double-fee amount for after-the-fact permits. 10. GENERAL/NEW BUSINESS A. Executive Search Firm Update Acting Administrator Brown stated at its February 25, 2008, meeting Council directed him to continence the interview process with four executive search firms which would assist with filling the vacancy in the City Administrator/Clerk position. The firms were Lynn and Associates, Springsted, Inc., The Brimeyer Group., and Personnel Decisions International. At its March 3, 2008, special meeting Council provided clarification regarding the parameters for the search; Council expressed a strong desire for the search to incorporate the five-state Midwest area. Brown then stated the representatives of the four firms indicated they needed an opportunity to review the job scope to be able to respond effectively and accurately to the project. Therefore, the responses must be delivered to the City no later than 10:00 A.M. March 13, 2008. Brown noted Council had previously directed him to make a recommendation on a firn7. He had since received input indicating Council may want to interview the firm(s). He questioned how Council would like to proceed. Councilmember Turgeon stated she would prefer Brown review the information submitted by the firms, and Council meet with the firm recommended by Brown at a March 17, 2008, SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 5 of 8 special Council meeting to interview the firm, to discuss what Council's criteria is for a qualified administrator, and to discuss the search process. Councilmember Bailey stated although he would like the option to not select the firm, he would prefer Staff made a recommendation of a firm. B. Interim City Administrator/Clerk Update Acting Administrator Brown stated at its February 25, 2008, meeting Council directed Staff to cormnence with the process of searching for an interim City Administrator. Since that time Staff had prepared and submitted an advertisement for the position to the League of Minnesota Cities, The LMC had advised Staff that the normal protocol was to obtain the LMC's list of administrators and personnel that were available and known to the LMC. Staff did obtain a list of thirteen potential candidates from the LMC, and Staff made contact with eleven of the candidates (the other two individuals were located more than one hundred miles away). Three of the eleven individuals had submitted credentials and appeared to be interested in the position. Those credentials had been distributed to Council under separate cover. Brown reviewed a brief sununary of the findings of the three candidates. - Greg Anderson had served as an interim city administrator on two occasions. He had also served as the Director of Finance and Deputy City Manager of Brooklyn Park. He had a Bachelor of Science degree in accounting and was a Certified Public Accountant. His contract rate would be $65 per hour plus mileage and he would be willing to work 24 - 30 hours per week. - Daniel Donahue had served as the City Manager for the City of New Hope for more than 25 years. He had a bachelor degree and a master degree in Public Administration. His contract rate would be $55 per hour and he would be willing to work 32 hours per week. - Todd Bodem was currently working on a limited basis as an interim City Administrator for the City of Corcoran, and he thought he may be able to work out a schedule to meet the needs of Shorewood. He had expressed an interest in the City's permanent position for City Administrator. Brown stated if Council wanted to expedite the filling of the interim position without interviewing the candidates, Staff recommended Council direct him to negotiate an agreement with Mr. Donahue without delay. Councilmember Woodruff concurred with the recommendation of Mr. Donahue, but he would like the opportunity to interview him on March 17, 2008. Councilmember Turgeon suggested any action on an interim City Administrator be delayed until Council spoke with the search firm and gained an understanding of how long the firm anticipated it would take to find a permanent Administrator. If the process would take 3 - 4 months, it may be more prudent for Acting Administrator Brown to stay in that capacity until the position was filled on a permanent basis as it would be less disruptive to Staff. If the process would take significantly more time, then it may be appropriate to consider an interim Administrator. Councilmember Bailey stated he concurred with Councilmember Turgeon's perspective. It a permanent Administrator could be found in a reasonable amount of time, continuing with Acting Administrator Brown in his capacity would be less disruptive to the Staff. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 6 of 8 Councilmember Wellens stated he agreed with Councilmembers Bailey and Turgeon, especially because he was interested in a different candidate than Mr. Donahue. If candidates were interviewed, he would prefer to interview them all. Mayor Lizee stated she concurred with waiting to decide on whether or not the City should hire an interim Administrator. She commented the City of Excelsior selected a new City Manager within six months. If an interim Administrator were hired during the search process for a permanent Administrator, the Staff would educate two individuals on the City's operations. Lizee stated she had expressed concern to Acting Administrator Brown about the number of hours the interim candidates would be willing to work (20 - 32 hours) and she asked him to research her concern. Brown explained the candidates wanted to restrict their hours because of PERA restrictions; many of the individuals on the list were retired administrators who wanted to take advantage of their PERA retirement benefits and PERA restricts people to working no more than 32 hours per week (which includes the time spent attending meetings such as Council meetings). Brown stated Staff would have to assume some of the interim Administrator`s responsibilities because of the short work week. He then stated it was somewhat common for it to take 6 - 8 months to have a new permanent administrator onsite. He also stated he would be willing to serve in the Acting Administrator capacity until a permanent Administrator was found. Councilmember Woodruff stated he wanted to withhold judgment on the need for an interim Administrator until after Council spoke with the search firm on March 17, 2008. He then stated the longer Council waited to make a decision to possibly hire an interim Administrator the more of a disadvantage it would be to do so. He reconunended Council make a decision on whether or not it wanted to pursue the interim Administrator position after meeting with the search firm on March 17`x', but no later than at the March 24'"'Council meeting. He questioned if any of the four firms were conducting the search for Excelsior. Mayor Lizee stated Lynn and Associates was conducting that search. Councilmember Turgeon commented the criteria for the Excelsior City Manager and the City's City Administrator was different because of the differences in the two cities. There was consensus to schedule a City Council special meeting for March 17, 2008, at 6:30 P.M. C. Request for Change to Retail Off-Sale Liquor Store Operating Hours Acting Administrator Brown stated the City had received a request from the owners (Mark and Steven Shackleton) of Shorewood Liquor, 23670 Highway 7, to change the City's Monday -Thursday hours of operation for off-sale liquor. He explained the hours of operation were regulated by the City Code Section 401 relating to liquor. The Code prohibited the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 8:00 P.M. Monday through Thursday; the Code was based on State Statute regulations which were in effect when the Code was adopted. Approximately two years ago State Statute was changed to prohibit the sale of intoxicating liquor by an off-sale licensee before 8:00 A.M. or after 10:00 P.M. Monday through Thursday. Brown explained an amendment to the Code would be required to change the hours of operation for off- sale liquor sales. Woodruff moved, Wellens seconded, Approving ORDINANCE NO. 448, "An Ordinance amending Chapter 401 of the Shorewood City Code Relating to Liquor to Reference the Hours of the State Statute ." SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 7 of 8 Councilmember Turgeon stated she could support the request, but she had a concern about the amount of signage Shorewood Liquor was displaying. She questioned if the motion could be contingent on the removal of excess signage. Mayor Lizee stated that contingency would impact the other liquor store in the City; signage issues were handled in a different manner. Director Nielsen stated the excess signs would be removed. Attorney Keane stated a condition of enforcement could be compliance with City signage regulations. Nielsen stated he would prefer that not be a condition of approval. Nielsen stated he would remove the excess signage. Councilmember Woodruff stated he did not want to amend the motion to include the condition for removal of signage; but he thought Shorewood Liquor must conform to the City's signage regulations. Councilmember Bailey questioned why the current hours of operation for off-sale liquor on Monday through Thursday were 8:00 A.M. to 8:00 P.M. Attorney Keane stated State Statute was amended after the City had adopted its ordinance. Councilmember Wellens requested Acting Administrator Brown to infornl the other liquor store in the City of the change. Councilmember Bailey stated he was in favor of the change, but he questioned if it would be appropriate for the Planning Commission to hold a public hearing to take public comment on the change. Director Nielsen stated a public hearing was not required. Attorney Keane stated Council had the option to refer to the Planning Commission, but the City was not obligated to take public comment at a public hearing or take input from another referring commission. Councilmember Woodruff withdrew his motion. Director Nielsen stated the public hearing regarding the hours of operation for off-sale liquor stores would be scheduled for the April 1, 2008, Planning Commission meeting. 11. ENGINEERING/PUBLIC WORKS None. 12. STAFF AND COUNCIL REPORTS A. Administrator & Staff Acting Administrator Brown stated he had spoken with Pastor Linus Nyambu relating to the settlement regarding Ascending Praise Church (APC). He related that Pastor Nyambu had committed to delivering the remaining settlement payment to City Hall on March 19, 2008. Brown then stated all deficiencies on the Shady Island Bridge had been repaired. He also stated seasonal weight restrictions went into effect on March 1, 2008. Director Nielsen stated the City had received two applications for the open position on the Planning Commission. Councilmember Bailey suggested a small description of Conunission duties be published in the ShoReport so residents had a better idea of what the responsibilities of a Commissioner were. SHOREWOOD CITY COUNCIL REGULAR MEETING March 10, 2008 Page 8 of 8 B. Mayor & City Council Councilmember Wellens stated the League of Minnesota Cities had supported the recent Transportation Bill which the Governor had vetoed and the House and Senate overrode. He stated because the City was a member of the LMC, the City's residents were paying for a lobbying group to raise taxes. He questioned if the LMC had to separate its lobbying expenditures from insurance expenditures, and could the City stop funding any LMC lobbying activities with the City's taxes. Attorney Keane stated the City paid an insurance premium for its insurance through the LMC's Insurance Trust and it also paid a membership fee to belong to the LMC. He then stated he was not sure if the City could continue to have its insurance through the LMC's Insurance Trust and not belong to the LMC; he would research that. Mayor Lizee stated she participated in a coffee with the mayor session on March 8, 2008, at which she entertained questions from residents about the City Hall renovation project. She stated in a work session earlier that evening there was Council consensus to have an open house from 10:00 A.M. -Noon on Saturday, April 12, 2008, for the public to come and look at the proposed plans and ask any questions they may have. Council also agreed that the Planning Commission would conduct at public hearing on the topic at its April 15, 2008, Planning Commission meeting. 13. ADJOURN Turgeon moved, Woodruff seconded, adjourning the City Council Regular Meeting of March 10, 2008, at 7:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: f'~ Christine Lizee, Mayor L rence A. Brown, Acting City Administrator/Clerk