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041408 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, 14 APRIL 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 Bailey, Turgeon, Wellens and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: None B. Review Agenda Acting Administrator Brown stated Sharon Klumpp, with Springsted Incorporated, would not be present this evening to provide an update on the search for a City Administrator; she was out of town for a family emergency. Turgeon moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, March 24, 2008 Wellens moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of March 24, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, March 24, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of March 24, 2008, as Amended in Item 9.D, Page 7, Paragraph 3, Sentence 1, change "Woodruff then stated he was confused" to "Wellens then stated he was confused". Motion passed 5/0. C. City Council Work Session Minutes, March 24, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Work Session Minutes of March 24, 2008, as presented. 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 MINUTES April 14, 2008 Page 2 of 16 A. Approval of the Verified Claims List B. Authorize Expenditure of Funds to Plant a Prairie at Two Locations (This was moved to Item 9.F under General /New Business.) C. Adopting RESOLUTION NO. 08-027, "A Resolution Proclaiming Apri125, 2008, as Arbor Day." D. Concession Operation Services Agreement for 2008 E. Park Coordinator Services Agreement (This was moved to Item 9.G under General / New Business.) F. Video. Taping Service Agreement G. Adopting RESOLUTION NO. 08-028, "A Resolution Approving Waterford Center LLP Request for Amendment to Term of P.U.D. Agreement Regarding the Sale of Liquor." H. Authorize Expenditure of Funds for Purchase of Rain Barrels Motion passed 5/0. 4. MATTERS FROM THE FLOOR John Garfunkel, 5665 Grant Lorenz Road, stated he was present this evening to request Council to consider returning to an at-large election system. He explained a little more than three years ago he presented a letter signed by thirteen past or current Councilmembers and/or commissioners requesting the Council to reconsider the necessity and wisdom of the ward system of representation. At that time it quickly became clear that it was not the appropriate time to consider that request. He stated he thought now would be an appropriate time to reconsider going back to the at-large election system. He explained that City had been through two election cycles under the ward system; therefore, the voters would be able to better articulate their perspectives on the ward system of representation. Also, three of the four councilmember seats impacted by the ward system would be on the election ballet this year. He stated although he understood there were many issues Council had to address, the methods and rules used to elect representatives in a democratic society was one of the most important issues. He requested Council provide a forum to take public comment on which method of representation the voters would prefer (a ward system or an at-large system for electing representatives) and why. He stated if Council agreed the issue should be addressed, he recommended public input be heard and decision be made before the Bling for elections was opened for 2008. In response to a comment from councilmember Turgeon, Mayor Lizee explained that the proposed City- wide resident survey may contain a question about this matter. Mr. Garfunkel stated from his perspective a public forum would be a better approach to receiving public comment. Lizee stated that approach could be considered. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 3 of 16 5. REPORTS AND PRESENTATIONS A. Update regarding City Administrator position Mayor Lizee suggested this item be continued to another meeting because Sharon Klumpp, with Springsted Incorporated, was not able to be present. Acting Administrator Brown stated Councilmembers had received a draft profile for the City Administrator position in their meeting packet. He said Ms. Klumpp was seeking comment from the Council on the profile and that could be done via email. In response to a comment from Councilmember Woodruff, Mayor Lizee explained that although the item would be continued, the search timetable should not be impacted. B. Richard Glidewell, LMA Development Director, presentation and request for funding for milfoil treatment on Phelps Bay Acting Administrator Brown stated that Richard Glidewell, Lake Minnetonka Association (LMA) Development Director, was present this evening to present a proposal and request funding for treatment of Eurasian watermilfoil (EWM) within Carman, Grays and Phelps Bays on Lake Minnetonka during 2008. The proposal had originally been drafted by Dick Osgood, Executive Director of the LMA, and he was not able to be present this evening. Brown stated when the proposal was originally prepared the funding request was being considered in the form of a charitable contribution. He suggested Council may want to consider the request as a contract for services. Mr. Glidewell stated during 2006 the LMA and LMCD had cooperated in the 2006 Eurasian milfoil demonstration project to test herbicide control of milfoil. The test was conducted on parts on Carman, Grays and Phelps Bays; the bay areas treated were about 4 - 6 acres in size. The results of the test were very promising: in the area around the `green bridge' there was a 90 percent kill rate for EWM and the native plant growth nearly doubled. Mr. Glidewell stated a Lake Vegetation Management Plan (LVMP) was coordinated and developed by the LMA and LMCD and approved by the Minnesota Department of Natural Resources (MN DNR). He stated that in response to a 2007 survey, the respondents overwhelmingly stated that EWM had become a widespread problem. It interfered with most recreational activities, created a shoreland cleanup and maintenance chore, and it diminished ecological health. Respondents also thought curlyleaf pondweed (CLP) must also be controlled. Mr. Glidewell stated the proposed program would provide (for the three bays) bay-wide selective herbicide control of EWM and CLP. Property owners would be restricted from their own localized treatments if they lived within the treatment area. The proposed treatments would occur in late-April or early-May; EWM and CLP were the earliest blooming lake vegetation and would be the only two weeds treated. Mr. Glidewell clarified this was a 5-year program. Mr. Glidewell stated for the demonstration project, the US Army Corps of Engineers took samples of 380 locations in Phelps Bay and tracked the native plants and how bad the EWM and CLP were in the locations. Those locations would be tracked again in mid- to late-June 2008, and again in late August or early September. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 4 of 16 Mr. Glidewell reviewed the estimated costs for the five years of treatments, project management, administration and permits for Phelps Bay which were: $71,000 in 2008 and 2009; $58,000 in 2010; $28,000 in 2011; and $20,000 in 2012. The costs were based on bids received and were estimated on the high side. The 2012 estimated costs were roughly 25 - 30 percent of what the cost would be to harvest the Bay. For 2008, the MN DNR would provide a grant of $8,000 - $15,000 towards the program for Phelps Bay and the LMCD would commit $10,000 to the program. The lakeshore property owners were attempting to secure funds for the remainder of the 2008 cost. Mr. Glidewell explained the MN DNR required a 50 percent participation rate of lakeshore property owners in the area; currently more than 80 percent of the owners had agreed to the treatment. Responses had not yet been received from vacationers or individuals who were gone for the winter. For those that did not want to be treated, the applicator would not apply herbicide at that GPS location. He commented the same applicators used in the 2006 demonstration project applied to perform the work in 2008. Mayor Lizee stated she understood the City was being asked to commit $6,000 for the treatment of Phelps Bay in 2008; the City of Mound had agreed to commit $12,000 (provided the other two cities also committed funds) and the City of Minnetrista had agreed to commit $6,000. Mr. Glidewell made the following clarifications in response to questions from Councilmembers. - If the City committed $6,000 to the 2008 Phelps Bay treatment effort, the funds raised would be $1,000 - $2,000 short of what was needed. - The LMA was responsible for managing the project; it had contracted with the LMCD to be the project manager. - With regard to execution of the project, all of the applicators would have to be bonded and would enter into a "tight" contract with the LMA. The MN DNR and the US Army Corps of Engineers would test the results. Also, Mr. Osgood's expertise would be of great value. - The MN DNR and the LMCD had only committed to funding for 2008. The LMA would have to try and secure additional funding from the organizations for future years. - The MN DNR had been very supportive of this effort. It was interested in determining if this method of herbicide treatment of EWM and CLP would work in other areas of the State. - The LVMP could potentially be used as a protocol for treating other bays on Lake Minnetonka. - On April 9, 2008, The LMCD Board agreed to use funds from its Save the Lake Fund to support the inspection effort. - If the 2008 estimated costs for treatment were exceeded, the LMA would be responsible for funding the overage. The LMA was very comfortable with the estimates provided. - There were approximately 40 properties on Phelps Bay that were located in Shorewood. All the Shorewood property owners had agreed to have their lakeshore treated. - There would be an assessment of the treatment late June 2008 and late August or early September 2008. An assessment report would be provided after the data was analyzed. - The Mound and Minnetrista city councils had requested the LMA prepare afive-year funding plan and review it with them so they had an understanding of what could be asked of them. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 5 of 16 - Future funding requested from the three cities' for the treatment of Phelps Bay would be prorated to reflect the estimated costs; based on current estimates the costs for years 3 - 5would be significantly less. - The City of Mound owned the Lakeshore called the Commons which was all of the Lakeshore located in Mound on Phelps Bay. - For this effort, the LMA and the LMCD strongly agreed that the funding for the treatment had to be both public and private. - Property owners were only allowed to treat EWM (or other approved vegetation) up to 100 - 120 feet out from the Lakeshore; that treatment required a permit. The proposed program would treat out to a water depth of 15 feet. Attorney Keane clarified the LMA was the contracting authority for the project. The LMCD had a contractual relationship with the LMA with regard to its participation. He also clarified the City could set up a contractual arrangement with the LMA regarding any funding. Councilmember Woodruff noted that Rich Siakel, the Shorewood representative on the LMCD, was present this evening. Councilmember Wellens stated his comments and questions (which were addressed in the list above) were not intended to be ail negative. He greatly appreciated the amount of money the residents had committed to the treatment effort. He stated there were no city parks or trails on the City's islands; the residents on the islands use few City resources, yet they paid significant property taxes. Mayor Lizee stated she appreciated the proactive nature of the proposal and its consideration of the newest technologies. She commented the EWM harvesting program had been in place for many years. She noted the herbicide treatment would not require any capital investment. She stated it was time for all the Lake area cities to discuss how aquatic invasive species (both vegetation and animal) would be treated. The mayors of the Lake area cities, the LMA, and the LMCD had met a few times over the last two years to discuss the issue of aquatic invasive species. Tlie group attempted to get the State to recognize the issue as a major issue that needed funding. Mayor Lizee noted that she had received emails that day from the following Shorewood residents regarding the treatment program: Jim and Jolene Shoop; Mark and MaryAnn Abicht; and John and Barb Kimball. All of them encouraged the Council to support the LMA's request for funding for the herbicide treatment. Jim Salters 4420 Enchanted Drive, stated for the last ten years he and his neighbors had funded a harvesting program for a cost of $3,500 - $4,000; he paid a significant portion of the cost. Based on past observations, harvesting of EWM did not eradicate it and it more likely exacerbated the problem. He respectfully requested the Council approve the request for funding for the herbicide treatment of EWM and CLP in Phelps Bay in order to help save Lake Minnetonka. That treatment would not only benefit the Lakeshore property owners it would benefit all who are associated with the Lake. If the treatment could begin to control EWM and CLP the lake could be saved. If those aquatic invasive species could not be controlled, the value of the Lakeshore properties would decline and the City would not be able to tax the property owners at they rate they are currently being taxed. He then stated from his vantage point the Lake should be of value to generations to come. He also stated it was important for the Council to take a leadership position and request the State, Hennepin County, and other agencies to address this issue. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 6 of 16 Councilmember Woodruff stated his residence was located on Phelps Bay. Because his property could benefit from the treatment program, he would recuse himself from voting on the request for funding. Mayor Lizee stated she respected Woodruff's perspective, but in this situation the funding would either directly or indirectly benefit all who are associated with the Lake. Councilmember Bailey stated he would support going forward with the treatment program and funding for the 2008 effort as an experimental program. He did not foresee the City as the primary driver of a comprehensive EWM management program for the Lake. If the program was successful, there would have to be other funding sources identified for the larger effort. Mr. Glidewell stated the LMA's nine-year plan stated that after the initial first few years of herbicide treatment four times more acreage could be treated with the herbicide method than with the harvesting method for EWM control for the same amount of money. He commented that 2 - 4 weeks after EWM was harvested it returned. Councilmember Bailey stated the effort to control aquatic species should be a MN DNR effort. Councilmember Wellens questioned what, if anything, would have to be done to help the Lakeshore property owners on lakes such as Christmas Lake, Lake Williams, and Lake Galpin. He stated he thought the City would create vulnerability for itself by establishing a precedent. Councilmember Turgeon stated she would not feel comfortable voting in favor of the funding. From her vantage point the Council should address policy issues first. There were six lakes which had some of their Lakeshore in Shorewood; there was public access to each of those lakes and each of them had issues. The LMCD had no jurisdiction over the lakes other than Lake Minnetonka; the DNR did have jurisdiction over all of the lakes. She explained she had two issues: 1) the lack of a policy about this type of funding; and 2) the $6,000 was not in the 2008 Operating Budget. Mayor Lizee stated the policy issue may have to be considered in the future. She then stated there was a project proposed for which there was buy-in from the sister cities around the Lake, residents, the MN DNR, the State, and the LMA; the project was an opportunity to further test a technology that had been proven effective in a small demonstration project. The project was an opportunity to further prove that aquatic invasive species was a major problem and there were technologies that could help mitigate the problem. The LMA was asking for a small commitment from the City to fund the project. Rich Siakel 25680 Birch Bluff Road, stated as a Shorewood resident he was in favor of the City contributing funds to this treatment effort. He clarified that he would not receive direct benefit from the effort. He stated it was clearly known that EWM harvesting had not been effective for the nineteen years it was done. When milfoil was cut only a few feet down and swimmers were not aware of it, serious accidents could occur if swimmers get caught in the milfoil. He stated it was prudent to further test the viability of controlling milfoil with selective herbicides. In response to a question from Councilmember Turgeon, Mayor Lizee explained that the breakdown of $24,000 requested from the cities of Minnetrista, Mound and Shorewood for the treatment of Phelps Bay was determined by the amounts of Lakeshore footage. She noted that the $24,000 requested was significantly less than the amount needed to do the treatment. Councilmember Bailey stated he did not want to create an open ended commitment for the City to solve this issue. He then stated he would support funding for the 2008 treatment only on an experimental basis; SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 7 of 16 the City would not be obligated to future funding. He shared Councilmember Turgeon's concern about the City's potential obligation to support treatment of the other lakes in the City. He also stated it was important that funding from other agencies be secured. Wellens moved, Bailey seconded, authorizing a contractual arrangement with the Lake Minnetonka Association for the herbicide treatment of Eurasian Watermilfoil and Curlyleaf Pondweed in Phelps Bay in 2008 for an amount not to exceed $6,000. Motion passed 3/1/1 with Turgeon dissenting and Woodruff recusing. 6. PUBLIC HEARING None. 7. PARKS -Report by Representative A. Report on Park Commission Meetings Held Apri12 and Apri18, 2008 Commissioner Hensley reported on matters considered and actions taken at the April 2, 2008, and April 8, 2008, Park Commission meetings (as detailed in the minutes of those meetings). 8. PLANNING Commissioner Ruoff reported on matters considered and actions taken at the April 1, 2008, Planning Commission meeting (additional details can be found in the minutes of that meeting). He noted the Commission held three public hearings at that meeting and it continued discussions regarding Planning District 6. Ruoff explained the first public hearing was for a conditional use permit amendment for Minnetonka School District 276. The District proposed doing atwo-phase expansion. Because schools were conditional uses in residential districts, the District had requested a revised conditional use permit (C.U.P.) for its project. The first phase of the project would add approximately 3000 square feet of space to the existing building for two new classrooms and some of the existing entry courtyard area would be enclosed to accommodate various administrative functions. The second phase of the project would add 19,500 square feet space for six new classrooms and a new gymnasium. After lengthy discussion, with the main focus being on parking, that public hearing was continued to an April 15, 2008, meeting. Ruoff then explained the second public hearing was for a setback variance for Joel Blatz. Mr. Blatz had requested a setback variance to construct an enclosed 5 foot by 6 foot entry to his home. The entry would be constructed at the front of the house, over part of an area currently covered by concrete slab and under an existing roof overhang, both of which extended across the entire front of the house. Because the house was located only 17 feet from the street right-of--way, a 33-foot variance would be necessary to accommodate the project. The Staff report stated the subject property and the location of the existing house had an interesting and even somewhat mysterious history. The house was built in 1967, before the road serving the plat was constructed. There was nothing in the City records that indicated why the house was allowed to be built 17 feet from the right-of--way. He related Director Nielsen had stated it was clear that this situation was not brought on by the applicant, which was one of the things considered when evaluating variance requests. Also, the request was not considered to be economic in nature. He stated the City's Zoning Code stated that where a structure was nonconforming because it was too close to one lot line, the City could require that the discrepancy be made up on the opposite side of the property. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 8 of 16 Therefore, Staff recommended that as a condition of approval the rear yard setback be increased to 83 feet from its current setback of 50 feet. A motion was passed 3/1 recommending approval of the setback variance subject to the increase in the rear yard setback. Ruoff went on to explain the third public hearing was for a request from the owners of Shorewood Liquor, 23670 Highway 7, to amend the City Code regarding off-sale liquor store hours of operation. The Commission unanimously recommended approval of an ordinance amending Chapter 401 of the Shorewood City Code Relating to Liquor to reference the hours of the State Statute. A. Setback Variance Applicant: Joel Blatz Location: 5520 Sylvan Lane Director Nielsen stated Joel Blatz, 5220 Sylvan Lane, had requested a setback variance to construct an enclosed entry to his house. The property was zoned R-1A, Single-Family Residential and contained 47,047 square feet of area. He then stated he did not have much to add to Commissioner Ruoffs report on the variance request. He commented he thought one of the reasons the Commission recommended approval of the request was the large tree situated in front of the proposed entry would not be removed and the situation creating a nonconformance was not brought on by the applicant. Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO. 08-029, "A Resolution Granting a Setback Variance to Joel Blatz, 5520 Sylvan Lane." Councilmember Bailey stated he was disappointed the Staff report and the Planning Commission discussion did not refer to what he thought was the most important issue, the issue of hardship. The applicant could have made reasonable use of the property without a variance; therefore he did not think there was a hardship in this situation. That would be enough for him to vote against the request. The other item that was not discussed was how similar situations had been handled in the past. There had been a lot of work done over the years to set some sort of precedent for those types of situations. For this situation the reason for the noncompliance was not because the zoning requirements had changed, it appeared it was because of an oversight on behalf of the City. In similar past situations the Commission usually voted to allow the variance as long as the noncompliance did not intensify. He suggested the Commission address the issue of hardship in the future. Councilmember Turgeon stated the increase in the rear yard setback variance helped convince her to approve the request. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Off-Sale Liquor Store Hours of Operation Director Nielsen stated the City had received a request from the owners of Shorewood Liquor, 23670 Highway 7, to change the City's Monday -Thursday hours of operation for off-sale liquor. Council discussed this request at its March 10, 2008, meeting at which time it suggested the Planning Commission hold a public hearing to take public comment on the change. The Commission held a public on April 1, 2008. The State Statute was changed approximately two years ago 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 SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 9 of 16 Thursday; prior to that State Statute 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 and the City Code reflected these hours. The cities of Excelsior, Minnetonka, and Tonka Bay, all conformed to the new State Statute. Nielsen stated the Planning Commission unanimously recommended approval of an ordinance amending Chapter 401 of the Shorewood City Code Relating to Liquor to reference the hours of the State Statute. He clarified that the establishments would not have to stay open later. Turgeon moved, Woodruff 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." Motion passed 510. B. Discussion on City Survey Acting Administrator Brown stated he had distributed to Council a very preliminary draft of questions that that had been compiled from feedback received from Councilmembers and the Park Commission. The Planning Commission planned to consider what questions it wanted to recommend for inclusion in the survey at one of its upcoming meetings. He noted he had not performed any censorship of the questions, nor had he spent any effort on the format of the questions. Brown suggested Council discuss the survey questions at an upcoming work session. Mayor Lizee stated she agreed with a work session. She suggested staff members Pat Fasching and Twila Grout be asked about the types of questions they were asked by residents. The survey was tentatively scheduled for discussion at the May 12, 2008, Council work session. Councilmember Wellens stated from his perspective a lot of the questions in the preliminary draft survey appeared to satisfy idle curiosity; it did not appear as if they would provide direction to the Council. Mayor Lizee stated she thought there were a number of leading questions. She suggested looking at other surveys such as the survey the City had done many years ago, sister cities' surveys, and any other surveys that Staff thought would be of value. Councilmember Turgeon stated she had not submitted any comments to Acting Administrator Brown about the survey. She suggested some of the Park related questions include cost and that the survey ask the respondents if they thought spending funds on a particular item would be the most appropriate use of those funds. Councilmember Woodruff stated he thought the draft survey contained some really good questions, but he thought there were too many questions. He suggested ambiguity in the questions should be minimized as should leading questions. The answers to questions should lead to actionable results. He recommended a professional be hired to help prepare the questionnaire. The mechanism for delivering the questionnaire would be a different discussion. Councilmember Bailey questioned what the purpose of the City survey was. Councilmember Woodruff stated to assess how the residents perceived the City was doing. Bailey stated there should be a predetermined purpose for a survey. He then stated he could imagine sending out multiple targeted surveys. He commented that one-half of the draft survey questions were Park related; he could imagine SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 10 of 16 conducting one survey specifically for park related items. He stated he agreed with having a professional help prepare the survey. Councilmember Woodruff stated Bailey presented some very good points that should be discussed in a work session. He commented the City had not been asked to conduct a survey. C. Discussion regarding settlement matter, 5795 Country Club Road Acting Administrator Brown stated at its March 24, 2008 meeting, Council directed Attorney Keane to research the cost to perfect and record the confession of judgment against Pastor Linus Nyambu. Attorney Keane explained the perfection and filing of confession of judgment would enter the judgment with the Hennepin County Clerk of Court, resulting in a judgment of record against Pastor Nyambu. The recordation required a preparation of an affidavit to be filed with the district court together with a filing fee of $55. He stated in his continued effort to wrap this matter up without additional burden to the City, he would prepare the affidavit and filing at only the expense of the filing fee to the City. Keane then explained the judgment would remain of record for up to ten years or until it was satisfied. It would be a public record that would be disclosed on all of Pastor Nyambu's credit applications, loan applications, real property transfers, mortgage applications, title commitments, UCC filings, and other matters where credit or security interest may be of interest to a lender. Woodruff moved, Turgeon seconded, directing Attorney Keane to perfect and record the confession of judgment relating to Pastor Linus Nyambu. Councilmember Woodruff stated he appreciated Attorney Keane's offer to do this at no cost to the City for his time. Mayor Lizee questioned if the City needed to perfect and record the confession of judgment. Attorney Keane stated the City did not have to do anything. If collection of the settlement was the preferred mode of dealing with this situation, then the City could do it actively by turning it over to a collection service or it could do it passively by perfecting and recording the confession of judgment. Councilmember Turgeon stated Pastor Nyambu signed the confession of judgment and he understood if he defaulted on paying the settlement the City could perfect and record the judgment without anyone having to go to court. Motion passed 4/1 with Lizee dissenting. D. Discussion regarding the use of golf carts on City Streets Acting Administrator Brown stated at the March 10, 2008, Council meeting Councilmember Woodruff stated two requests had been received by Councilmembers regarding the use of golf carts on City streets. At that meeting Staff had been asked to research that type of use. Brown explained the operation of golf carts on public roadway was governed under Minnesota State Statue 169.045 Special Vehicle Use on Roadway. He reviewed the conditions that would have to occur if SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 11 of 16 Council were to consider this use. The use would have to be governed by a local ordinance. Roadways on which that use was permitted must be designated as such. Brown stated the meeting packet included sample ordinances from the cities of White Bear Lake, Princeton, Slayton, and Gaylord; those cities had passed ordinances to allow such use. Brown noted that State Statute 169.045 made reference to four-wheel all terrain vehicles (ATVs). Council would have to consider if it would want to allow that use as well. Brown explained in the ordinances for the above four cities it appeared that the common use was for individuals with physical challenges or for the elderly. He did not think any of the four ordinances allowed for the use of ATVs. The State Statute stated authorization to operate a motorized golf-cart was by individual permit only. Authorized golf carts would have to display aslow-moving emblem and required to have the appropriate features such as a rear view mirror. He stated from an engineering standpoint golf cart use may be considered a distraction to some drivers. Slow moving traffic could cause problems on the narrow roadways in the City. Councilmember Woodruff clarified that he had received one request, and he thought Councilmember Turgeon may have received the same request. The request was from a resident with physical disabilities. He stated he was aware of people who owned golf carts and who operated them on City streets; he was also aware that some ATVs were used on City streets. He suggested this topic be discussed at a work session; he was not prepared to make a decision either way. He commented that one of the individuals operating a golf cart on City streets was handicapped and elderly. Councilmember Turgeon stated there was an individual in Excelsior and another one in Minnetonka who used golf carts on those cities' streets. She supported the idea of discussing this topic in a work session. Mayor Lizee recommended Council direct the Planning Commission consider this topic and prepare a recommendation for Council to consider. She stated the use of golf carts was allowed in the Boulder Bridge Farms Association on distinct paths and only in that area. She then stated she thought it was prudent to request input from the South Lake Minnetonka Police Department. She went on to state she had spoken with an insurance agent that day who stated there were some things that should be considered from a liability perspective. Councilmember Woodruff stated he could support the Planning Commission addressing this topic. Councilmember Wellens suggested that rather than focus on the type of vehicle maybe the focus should be for use by handicapped people only. Councilmember Woodruff stated he would prefer the Planning Commission not restrict what it would consider. Councilmember Bailey stated the topic of who could operate the vehicles was not discussed in the Statute and maybe that should be included. Brown stated the City's ordinance could be more restrictive than State Statute. There was consensus to direct the Planning Commission to address this topic and make a recommendation to Council by the end of June 2008. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 12 of 16 E. Discussion regarding E-waste for Spring Clean-up Acting Administrator Brown stated the City had an opportunity to participate in a joint electronics recycling effort with Hennepin County in conjunction with the City's Spring Clean-up Program. Hennepin County would pay for the recycling of the electronics and the City would have to pay for the cost of transporting the electronics to the recycler. He stated he thought it would require two 40-cubic- yard containers, although the amount of electronics that would be collected was unknown. He explained the containers would be placed at Public Works during Spring Clean-up Day. The vendor would be required to take the electronics to Asset Recovery Corporation located in St. Paul. After Asset Recovery emptied the containers, the vendor would retrieve their containers. The lowest quote received to-date was $500 for the container service and transportation. He noted the Spring Clean-Up Program changed in 2007 to discontinue the curb-side collection component; the City had incurred costs for the 2007 drop-off recycling effort without the inclusion of electronic recycling. Brown stated the costs for the electronics component could be included in the other costs for Spring Clean-up or a nominal fee could be charged for the electronics. He commented there were eleven free electronics drop-off sites being established in cooperation with Waste Management. Mayor Lizee stated residents had been charged a fee to drop off an item such as a television during past Spring Clean-up efforts. Brown stated in the past a resident would pay $10 - $20 to drop off a television. He then stated he anticipated the City would collect more than 500 electronic items; therefore the City would not have to charge as much for electronics this year. Councilmember Woodruff recommended the City absorb the costs for the effort based on the information Acting Administrator Brown provided. The City could then say it also had free electronics recycling. He thought it would be a good investment, and it was a very very small cost for the City to absorb. Councilmember Turgeon stated residents of Excelsior and Tonka Bay would drop items off during the Spring Clean-up effort. Acting Administrator Brown stated residents had to provide identification verifying they were residents. Woodruff moved, Turgeon seconded, directing Staff to proceed with the electronics recycling effort to be done as part of the Spring Clean-up Program and approving the City fund the effort. Councilmember Bailey suggested the City charge a nominal fee to cover the transportation costs for the effort. He stated from his vantage point he thought the residents would consider it a real value to only have to drive a short distance to dispose of their electronics. Councilmember Woodruff stated he had considered recommending a small fee be charged but he thought why bother. He then stated he thought there were recycling funds remaining from 2007 that could be used to fund the effort. In response to a question from Councilmember Turgeon, Director Burton stated she thought it would be appropriate for the City to charge a nominal fee. Without objection from the maker or the seconder of the motion, the motion was amended to charge a resident a $5.00 fee to drop of any number of electronic devices for recycling. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 13 of 16 F. Authorize Expenditure of Funds to Plant a Prairie at Two Locations This item was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated one of the reasons she had this item removed from the consent agenda was it appeared that the proposed location of the prairie on State Highway 7 would be in a State right-of- way. Mayor Lizee stated that item was discussed at the April 8, 2008, Park Commission meeting and she asked Engineer Landini to elaborate on it. Landini explained the City had submitted a permit application to the Minnesota Department of Transportation to do work in that right-of--way. Councilmember Turgeon questioned would be responsible for maintaining that prairies. Mayor Lizee introduced Joe Pazandak, the City's Building Official Mr. Pazandak stated prairies were a hobby of his and they had proven to be less maintenance than caring for a regular lawn over the years. He explained the Public Works staff would maintain the prairies. Depending on the number of times the grass on the site would have had to have been mowed, the prairies would pay for themselves (if only the cost of the seed and the chemical application were included) in 6 - 8years. If the labor savings were included it would be a 1 - 2 year payback. Mr. Pazandak explained the proposed prairies would have various native grasses which would require little maintenance and would go dormant during the winter months; he had not proposed any fortis or flowers. The proposed grasses would allow any weed growth in the area to be treated with chemicals. Staff would invest less labor maintaining the site then they would mowing the area. Staff would mow the area once in the spring and spray the area with chemicals to kill any undesired growth; that effort would amount to no more effort then it would take to mow the area twice. Mr. Pazandak stated prairies with flowers typically cost ten times as much to seed and chemicals could not be used to treat unwanted growth during the first 4 - 5 years. He explained after the first 4 - 5 years the quality of the soil and the vegetation system would be restored; after that fortis or flower seedlings could be spot planted in the prairie. Councilmember Woodruff thanked Mr. Pazandak for providing the information about prairies. He stated he had two personal experiences with prairies. Because the public was not educated about prairies, he had heard comments about how ugly they were and that the grasses should be cut. He suggested the Park Commission take responsibility for educating the public. Mr. Pazandak stated the Minnehaha Creek Watershed District wanted to use the proposed prairies as a demonstration model and to educate people on what could be done. He commented prairies were an acquired taste. The grasses would be greener during the summer months and they would turn yellow or red in the fall months. He explained there were some grasses that would only grow 6 - 9 inches high; those would not require mowing. Councilmember Woodruff suggested signage at the prairie and articles in the ShoReport could be vehicles for educating the public. Engineer Landini stated Julie Moore was writing an article for the next publication of the ShoReport. Woodruff suggested follow-up articles be published. Mr. Pazandak stated the MCWD was going to put signage up. He then stated that the Public Works staff would take on the effort; it would not require much of his time. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 14 of 16 Woodruff moved, Wellens seconded, authorizing the expenditure an amount not to exceed $500 from the Park Fund for the creation of two prairies as specified. Mayor Lizee stated the City was very fortunate to have access to Mr. Pazandak's experience with prairies. She stated planting prairies would help with storm water management. The prairies would also be consistent with the City's direction to reduce it carbon footprint. Lizee went on to state at the Park Commission meeting there was a request for $500 for the purchase of the seed and spray. She noted Mr. Pazandak had volunteered the use of some of his supplies for the effort. She stated she thought it was important the City assume responsibility for the entire project and supply all the needed materials and equipment. She noted that some slopes would be difficult to seed and may have to be hydro-seeded instead at an additional cost; it would likely require an outside firm to conduct that effort. She suggested Council approve an amount not to~exceed $].,000 for this effort; any funds that were not needed for this effort would be returned to the fund. Councilmember Turgeon stated it was her understanding that the Park budget included $8,000 for this such as rock, dirt, fertilizer, etc. The maker of the motion amended the motion to increase the not to exceed amount to $1,000 with the understanding that there were sufficient funds budgeted in the Park budget. Councilmember Turgeon stated the Park Commission had recommended authorizing spending up to $500 for the prairie project. She suggested the Park Commission ask for additional funds if needed rather than increasing the authorized amount at this time. Councilmember Bailey stated it was important that the Park Commission be made aware of the increased amount. The seconder of the motion accepted the amendment. Motion passed 5/0. G. Park Coordinator Services Agreement This item was removed from the consent agenda at Councilmember Woodruff's request. Acting Administrator Brown stated the meeting packet included an Independent Contractor Agreement from Community Rec. Resources (CRR) for Park and Recreation Coordinator Services. CRR had provided those services for the past four years; the updated Agreement included some minor modifications from the one entered into in 2007. The Park Commission had reviewed the agreement at its April 8, 2008, meeting and the Commission expressed its desire to continue the Agreement for Park and Recreation Services with CRR. Brown then stated Staff had informed the Park Commission that some Councilmembers had requested the City partake in the Request for Proposal process for contract services. He related the Commission was more than satisfied with the services CRR had provided in the past. He noted that Councilmember Woodruff had questioned what the hourly rate would be for CRR; it worked out to be $45 per hour. He also noted that in 2007 CRR was paid a total of $12,150. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 15 of 16 Councilmember Woodruff recommended the Agreement be modified to include the $45 per hour rate. He questioned the not to exceed amount of $20,500 specified in the Agreement when the amount paid for CRR's services in 2007 was just $12,150. He suggested a lesser amount be authorized. Acting Administrator Brown explained that CRR would be assuming responsibility for coordinating Lacrosse activities which would require additional CRR time; he estimated it may take 10 - 15 percent more time. Councilmember Woodruff suggested the not to exceed amount be changed to reflect 2007 actual expense plus 20 percent. In response to a question from Councilmember Bailey, Acting Administrator Brown explained that prior to coordinating Lacrosse activities the City had spent approximately the same amount for CRR services in previous years as it did in 2007. Woodruff suggested the not to exceed amount be changed to $14,000 and if there was a valid reason to exceed that amount authorization for additional funds should be requested. Woodruff moved, Wellens seconded, approving the Independent Contractor Agreement for Park and Recreation Coordinator Services with Community Rec. Resources subject to the Agreement being amended to reflect an hourly rate of $45 and a not to exceed amount of $14,000. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS Engineer Landini stated the Minnehaha Creek Watershed District had accepted the Joint Powers Agreement for Wetland Conservation Act Administration. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Acting Administrator Brown stated spring street sweeping had been started. The sweeping was not being done to the edge of the road at this time on roadways without curbing; that would not happen until the ground dried out. He related that Councilmember Wellens had requested a schedule for the sweeping be prepared. Brown indicated the schedule was unpredictable because of weather. Acting Administrator Brown stated there was a South Lake Minnetonka Police Department strategic planning work session scheduled for 2:00 P.M. on April 15`"; there was an Excelsior Fire Department Operating Committee meeting scheduled for April 17`", and there was a SLMPD appreciation banquet for the Volunteer Reserves Officers scheduled for April 17`". Councilmember Woodruff questioned if the Southshore Center working group was still meeting to discuss funding for the Center. Mayor Lizee stated meetings were still occurring. She stated the Friends were meeting that evening, and they had been invited to a meeting on April 29~" after a tour of Sojourn. The last meeting the City attended was in early March. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 14, 2008 Page 16 of 16 B. Mayor & City Council 12. ADJOURN Turgeon moved, Woodruff seconded, adjourning the City Council Regular Meeting of April 14, 2008, at 9:18 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder 1 ~ ~ ~, ~ ATTEST: Christine Lizee, Mayor Lawrence A. Brown, Acting City Administrator/Clerk