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011209 CC Reg MinCITY OF O WOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 12, 2009 MINUTES 5735 COUNTRY CLUB ROAD SOUTIISIIORE CENTER 7:00 P.M. City Administrator/Clerk Brian Heck re-administered the Oath of Office to newly elected Mayor Christine Lizee and Councilmembers Jeffery Bailey and Laura Turgeon (two-year term) and Richard Woodruff and Scott Zerby (four-year term). He had done so prior to the work session preceding this meeting. 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:12 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Councilmember Woodruff requested Item 9.17 Council Term Limits be added to the agenda. Councilmember Zerby requested the item also include a discussion about meeting procedures. Administrator Heck requested Item 9.G Establish a Technology Committee be added to the agenda. Turgeon moved, Woodruff seconded, approving the agenda amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, December 8, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Executive Session Minutes of December 8, 2008, as presented. Motion passed 3/0/2 with Bailey and Zerby abstaining due to their absence at the meeting. B. City Council Regular Meeting Minutes, December 8, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of December 8, 2008, as presented. Motion passed 3/0/2 with Bailey and Zerby abstaining due to their absence at the meeting. 3. CONSENT AGENDA Mayor Lizee stated there were three additions to the verified claims list: a check to Community Rec resources for an amount of $1,125; a check to Lund Martin Construction payment number four for an SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 2 of 16 amount of $158,773; and a check to Kenneth Thies for wagon rides for the Arctic Fever event for an amount of $950. Mayor Liz& reviewed the items on the Consent Agenda. Bailey moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List, checks #47633 through #47748 totaling $1,143,161.12. B. Adopting RESOLUTION NO. 09-001, "A Resolution Setting the 2009 City Council Regular Meeting Schedule for the City of Shorewood." C. City Clerk's License List D. Travel Policy for Elected Officials E. Establishing May 16, 2009, as Spring Clean-up Day F. Memorandum of Understanding with AFSCME (This was moved to Item 9.1-1 under General/New Business). G. Adopting RESOLUTION NO. 09-002, "A Resolution Authorizing the Mayor and City Administrator to Extend the EPDB Conditional Use License Agreement with Hennepin County for the Year 2009." H. Right-of-Way Violiation Time Extension Requests 1. Set Public Information Meeting Date for Harding Lane and Smithtown Lane (This was moved to Item 10.13 under Engineering/Public Works.) J. Adopting RESOLUTION NO. 09-003. "A Resolution Approving a Temporary Gambling License for Holy Family Catholic High School." Motion passed 510. 4. MATTERS FROM THE FLOOR Bob Edmondson, 19585 Shady Hills Road, congratulated all Councilmembers on their election to Council. He stated he was here to extend his support to each of them. He complemented them on their hard fought victories in the 2008 election. He stated he wished he had been one of the victorious candidates noting the election was close. He stated that during this very troubled fiscal economic time he was looking forward to having Council put forth the extra effort to help manage the City through it. He then stated he looked forward to a great year. 5. REPORTS AND PRESENTATIONS None. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 3 of 16 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held December 9, 2008 Commissioner DeMers reported on matters considered and actions taken at the December 9, 2008, Park Commission meeting (as detailed in the minutes of that meeting). He noted two Commissioners' terms end in February 2009. B. Report on January 17 Arctic Fever Event Planning Commissioner Davies provided an update on the Arctic Fever event scheduled for January 17, 2009. She stated this year's event will be better than in previous years even though there was less funding for the event. There were some new organizations donating money this year and others increased their donations over previous year's donations. No money was spent on advertising; all funds raised were used for activities. There is a North American Pond Hockey Championship scheduled for January 16 - January 18, 2009, in Excelsior. On January 17'1' there is a mites tournament with 35 15-member teams participating. Their registration packets will contain information about Arctic Fever events. Public Works staff is in the process of creating a sliding hill at Freeman Park. The event received great press coverage this year. Mayor Lizee stated she had received a call from Fox 9 News about the event and she directed the reporter to Twila Grout, a City employee. Lizee asked if there was still a need for more volunteers. Commissioner Davis stated people could log on to the website for the Arctic Fever event or the website for the pond hockey tournament if they are interested in volunteering. Councilmember Woodruff questioned if the event needed financial support from the City. Commissioner Davis stated the event was fully funded and the pond hockey tournament is being sponsored by the Fox Sports North. 8. PLANNING Commissioner Vilett reported on matters considered and actions taken at the January 6, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2009 Mayor Lizee stated each year the Council adopts a resolution making appointments to certain offices and positions within the City. Council has been provided a draft resolution identifying the Year 2009 appointments. She suggested Council review the list and make the necessary appointments. Councilmember Bailey jumped to Item I j and stated the Excelsior Fire District (EFD) Board Member assignment would work well with his schedule. SHOREW®®D CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 4 of 16 Mayor Lizee suggested the assignments be made in order they are listed in the draft resolution. Councilmember Zerby suggested the liaisons to the Park and Planning Commissions be reversed from what they were in 2008. Councilmember Woodruff stated he would be the Park Commission Liaison for the first half of the year and Councilmember Turgeon chose the second half, and Councilmember Bailey stated he would be Planning Commission Liaison for the first half of the year leaving Councilmember Zerby for the second half. Councilmember Turgeon volunteered to again take the appointment of the Minnehaha Creek Watershed District Liaison and Riley Purgatory Bluff Creek Watershed District Liaison. Councilmember Woodruff volunteered to again take the appointment of representative to the Lake Minnetonka Communications Commission (LMCC). He noted he is the Chairperson of the LMCC's ad- hoc committee to study broadband. He stated he will make a request of the LMCC Executive Committee on January 19, 2009, for it to fund 50 percent of the cost of a broadband feasibility study, and if the LMCC agrees to the request he will solicit funding for the other half from the LMCC member cities. Administrator Heck stated he thought there was grant finding available for things such as that. Councilmember Woodruff volunteered to be the representative to the Metro Cities. As it has been in the past, the City Administrator will serve as the alternate. There was ensuing discussion about the appointment of the EFD Board Member position. Mayor Lizee suggested Councilmember Zerby fill the EFD Board Member position. Lizee explained Zerby has a four-year term as a Councilmember and it takes at least two years to get up to speed. Lizee asked Zerby if he would be willing to take the assignment, to which he responded yes. Councilmember Turgeon suggested Councilmember Bailey take that assignment. Turgeon explained she thought the budgeting process for the public safety organizations may change in 2009; she wanted Bailey to use his expertise about reserves, budgets and investment funds in that capacity. Bailey stated he may not be able to take that assignment if he was going to serve as the Planning Commission Liaison for one-half of the year. Zerby stated his involvement with developing the EFD Joint Powers Agreement and the construction of the Public Safety Facility during his previous tenure on the Council provide him with a solid background about the EFD. Turgeon stated she would take Bailey's assignment as Planning Commission Liaison if he would take the EFD Board Member assignment. Lizee stated she wanted to stay with her suggestion. Councilmember Woodruff stated he did not agree with Lizee's suggestion. Woodruff then stated he really wanted Bailey on the EFD Board; he volunteered to take Bailey's Planning Commission Liaison assignment or the EFD Board Member assignment. Zerby stated he did not think it was fair to the Commissions to give up the liaison positions to the Commissions. Bailey stated he would be willing to do a Park Commission Liaison assignment, but not the Planning Commission Liaison assignment, if he took the EFD Board Member assignment. Turgeon stated she would swap her Park Commission Liaison assignment with Bailey's Planning Commission Liaison assignment. Mayor Lizee called for expressions of support for the appointment of Councilmember Zerby as EFD Board Member. Lizee and Zerby were in favor of appointing Zerby to the position of Excelsior Fire District Board Member. Mayor Lizee stated she thought Councihmember Bailey would do a fine job in the position of EFD Board Member, but she also thought Councilmember Zerby would serve the City well in that position because SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 5 of 16 of his background with the District. Councilmember Woodruff stated Council had to come up with a representative that the majority of the Council could support. Woodruff again volunteered to serve in that position. Lizee stated she preferred a Councilmember residing in an area where the primary fire service is provided to be the EFD Board Member. Bailey stated he could support Councilmember Woodruff being on the EFD Board. Zerby stated if Woodruff took this appointment he would have four appointments; therefore, he would take the LMCC representative appointment noting he had served on the LMCC when he was on the Excelsior Council. Woodruff stated removing him from the LMCC position would basically stop his involvement on the LMCC ad-hoc broadband committee. Councilmember Turgeon suggested Zerby serve as the EFD Alternate Board Member with Bailey as the primary; she explained the alternate can attend EFD Board meetings. Councilmember Bailey and Councilmember Turgeon agreed to swap their respective appointments as Planning Commission Liaison and Park Commission Liaison. Mayor Lizee expressed disappointment that a Councilmember was not able to commit to serving positions during this first Council meeting of 2009. She stated she will accept the changes and appointments discussed in order to move on with the agenda. Councilmember Zerby suggested the StarTribune be made the official newspaper for the City, and he did not like the fact the Laker served as a backup official paper for Enchanted and Shady Islands. Councilmember Turgeon stated she did not support that suggestion noting she had stopped her subscription to the StarTribune. Turgeon then stated although she accesses StarTribune online, she does not look at advertisements there. Zerby stated the same information can be found on the City's website, and he thought the StarTribune's circulation was much larger and it published a separate West Edition on Wednesdays where official notices could be published. Councilmember Woodruff stated the Laker was delivered to all houses on the Islands and he suggested the Laker also be made an official paper. Zerby asked Staff to request advertising quotes for the StarTribune, the Sun Sailor, and the Laker. Director Nielsen stated as a matter of practice all of the City's planning notices are published in both the Sun Sailor and the Laker. Councilmember Zerby stated lie could support making the Sun Sailor the official newspaper in the interim, and a final decision can be made once the costs are known. Administrator Heck stated municipalities are required to publish certain notices, and there have been discussions about that requirement being onerous because of the cost to do so when cities have their own newsletters and websites. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 09-004, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2009: Acting Mayor will continue to be Laura Turgeon; Park Commission Liaison for January - June 2009 will be Richard Woodruff, Park Commission Liaison for July - December 2009 will be Jeffery Bailey; Planning Commission Liaison for January - June 2009 will be Scott Zerby; Planning Commission Liaison for July - December 2008 will be Laura Turgeon; Minnehaha Creek Watershed District Liaison will continue to be Laura Turgeon; Riley-Purgatory-Bluff Creek Watershed District Liaison will continue to be Laura Turgeon; Lake Minnetonka Communications Commission will continue to be Richard Woodruff, Metro Cities (Association of Metro Municipalities) will be Richard Woodruff, with Brian Heck as alternate; Coordinating Committee South Lake Minnetonka Police Department will continue to be Christine Lizee, with Laura Turgeon continuing as alternate; Excelsior Fire District Board Member will be Jeffery Bailey, with Scott Zerby as alternate; City Attorney will be Mary D. Tietjen, Kennedy and Graven; City SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 6 of 16 Prosecutor will be continue to be Ken Notts; Emergency Preparedness Director will continue to be SLMPD Chief Bryan Litsey; Official Depositories will continue to be Beacon Bank, 4M Fund and other Depositories as necessary; Official Newspaper will continue to be Sun Sailor; Weed Inspector will continue to be Christine Liz6e, with Joe Lugowski continuing as assistant; and that the Blanket Bond is approved." Motion passed 5/0. B. Southshore Center Lease Administrator Heck stated Council has had several discussions about the Third Amendment to the Lease (the Lease Amendment) between the Friends of the Southshore Community Center (the Friends) and the Cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay (the Cities) regarding the use and operation of the Southshore Center (the Center). During its last regular meeting, Council requested additional changes be made to the proposed amendment. The most significant changes were related to insurance; Council wanted the insurance clause changed to more clearly identify all parties responsible for various insurances. The meeting packet for this evening contained a copy of the revised Lease Amendment. He noted he had provided Council with his response to a list of questions COnIICihnember Bailey had submitted. Heck then stated he thought Council could take action on the Lease Amendment before it took action on an amendment to the Cooperative Agreement (the Agreement) between the Cities. He noted the Lease Amendment does address establishing and maintaining a capital reserve fund, and that is not addressed in the current Agreement. He also noted this Council and another member city's council had some issues with the proposed amendment to the Agreement. Heck explained the Cities of Excelsior and Tonka Bay had approved the previous version of the Lease Amendment and the proposed amendment to the Agreement. Those cities did not have any issues with the revisions included in this version of the Lease Amendment. Councilmember Woodruff proposed Council approve the Lease Amendment as currently presented contingent on approving an amendment to the Agreement. He explained his rationale for his proposal. He thought approving the Lease Amendment would convey to the other four cities that Council approves of the language in the Lease Amendment. He stated without an amendment to the Agreement there is no method for managing the amended lease. He does not think the other four cities would want the Lease Amendment take effect until there is agreement on an amendment to the Agreement. From his vantage point he thought it would be a disservice to the Friends and the Cities if a lease went into effect that could not be implemented; the Agreement does not include the mechanics to do so. Mayor Liz6e clarified that this evening Council was only being asked to consider the Lease Amendment while the Cities continue to work on the amendment to the Agreement. Mayor Liz6e asked the Councilmembers if they were willing to approve the Lease Amendment this evening without it being contingent on approving an amendment to the Cooperative Agreement. Councilmember Turgeon stated there was an existing lease in effect between the Friends and the Cities; therefore, nothing changes if a Lease Amendment is not approved. She then stated that out of respect for incoming city officials in the other cities she suggested delaying approval until any new representatives on the Committee established to address the Lease Amendment and Agreement have had an opportunity to review them. She clarified her biggest concern is with the amendment to the Agreement and she is comfortable with the way the Lease Amendment is written. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 7 of 16 Councilmember Zerby stated he considered the Lease Amendment and amendment to the Agreement to be two separate items for consideration. He then stated in the commercial world it would be unacceptable to ask a person to occupy and/or operate a structure without a lease agreement being in place. Councilmember Turgeon and Councilmember Woodruff stated there is an existing lease in effect. Zerby stated it appears the Council does not want to agree to the changes the Friends requested in order to keep the Center operating and Council is holding the Friends "hostage". Turgeon stated she just wanted to delay the decision two weeks to give new elected officials a chance to review the proposed Lease Agreement. Zerby stated he thought it would take much longer than two weeks for all the Cities to reach agreement on the amendment to the Agreement. Mayor Lizee stated the Committee does not have another meeting date scheduled. Councilmember Bailey stated he did not want to approve the Lease Amendment until the amendment to the Agreement can be agreed to. Zerby moved to approve the Third Amendment to the Lease with the Friends of the Southshore Community Center as presented. Motion failed for lack of a second. C. Board Representative Terms Administrator Heck explained each year Council considers the appointment of a resident to each of the Boards of the Lake Minnetonka Communications Commission (LMCC), the Lake Minnetonka Conservation District (LMCD) and Minnetonka Communication Education (MCE). In the past each term has been for one year. The LMCD Board has requested Council consider making its appointment to the LMCD Board a three-year term. The MCE Board stated it would entertain a two-year term. The LMCC's by-laws specify a one-year term. He stated he anticipated interviews for these three Board appointments will be conducted before Council's regular meeting on January 26, 2009, and the appointments will be made that evening. He noted the current representatives have reapplied and there is a second applicant for the LMCC position. Heck asked Council if it would like to change the term lengths for the representatives to the LMCD and the MCE Boards. Councilmember Woodruff stated the LMCD Executive Director Nybeck has stated MN Statute stipulates a three-year term for LMCD Board. Councilmember Turgeon expressed concern that the LMCD does not recognize alternate board representatives. Councilmember Zerby stated it was difficult to believe that if a representative moved or died that the City could not appoint a new representative; and he was confident Council could replace an ineffective representative. Mayor Lizee stated the City's terms for the Park and Planning Commissions are three years. She supported changing the length of the LMCD and NICE Board terms. Woodruff moved changing the term of the appointed representative to the Lake Minnetonka Conservation District's Board to three years and the term of the appointed representative to the Minnetonka Community Education Board to two years, and leaving the term of the appointed representative to the Lake Minnetonka Communications Commission Board one year. Councilmember Woodruff recommended that the representatives be given clear direction of what Council expects from the representatives. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 8 of 16 Zerby seconded the motion. Mayor Lizee stated during the interview process applicants are told of Council's expectations, the importance of attending meetings and the need for scheduled reports. Council can reiterate this with the applicants. She did not think the current representatives had attendance issues. Councilmember Turgeon stated Council has received update reports from the LMCC and LMCD representatives. She did not recollect Council having received an update from the MCE representative during 2008. She suggested Council request Administrator Heck place a short update from the representatives on the meeting agenda with some degree of regularity. There was consensus to have the LMCC and LMCD representatives provide Council with an update once a quarter and for the MCE representative to provide an update every six months. Woodruff also wanted Staff to report back on the representatives' attendance on an annual basis. Mayor Lizee noted Council receives copies of meeting minutes which note attendance. Motion passed 510. D. Investment Policy Administrator Heck stated at its November 10, 2008, meeting Council discussed the desire to establish an investment oversight committee. At that time Council understood to do so would require a change to the City's Investment Policy. That Policy has been revised accordingly and the revised Policy is included in the meeting packet for this meeting. The committee would be comprised of the City Administrator, the Finance Director, the Mayor and one Councilmember. The Policy was also revised in the Certificates of Deposits description to change the Federal Deposit Insurance Corporation (FDIC) amounts from "$100,000" to the "maximum allowable by the FDIC". He noted he had received a request from one Councilmember to change the Mayor and one Councilmember membership on the Committee to two Councilmembers which would not preclude the Mayor from being on the Committee. Councilmember Woodruff stated that was his request. Councilmember Woodruff suggested the statement to review investment portfolio and performance" be deleted from the new paragraph added allowing for an oversight committee to be established. Councilmember Zerby questioned what the purpose and goal of the committee was. The City has financial advisors. Councilmember Bailey stated any organization he has ever been associated with that has millions of dollars being invested has a trustee group that provides oversight. The trustee representatives should be asking questions about the investments and investment performance. Zerby used that analogy that this was "a little like hitting a fly with a sledge hammer". Councilmember Zerby questioned if any of the neighboring municipalities had oversight investment committees. Administrator Heck stated based on research done by Staff it appears only Victoria has one. Councilmember Turgeon commented that Deephaven also did. Zerby questioned if Victoria has realized any benefit from having a committee. Councilmember Turgeon stated in 2008 the Policy was revised to clarify a few items and make others more current. She explained the intent is not to have the committee determine what investments to make, but rather understand how investments were performing. She equated it to the old Liquor Committee. SHOREWOOD CITY COUNCIL REGULAR MEE'T'ING MINUTES January 12, 2009 Page 9 of 16 Mayor Lizee stated she agreed with having the Mayor and one Councilmember as the elected officials on the committee. Councilmember Turgeon stated if it were two Councilmembers it would be quorum; therefore, she would keep it to the Mayor and one Councilmember unless the Mayor does not want to be a committee member. Councilmember Woodruff withdrew his request to have two Councilmembers on the committee. Councilmember Zerby questioned if the committee would report back to Council after meeting. Councilmember Woodruff stated the intent is that it would. Councilmember Woodruff commented that the Policy amendment does not require the City to establish a committee. Councilmember Turgeon stated it was her recollection that during the first committee meeting the committee would establish draft guidelines for how it would operate. Administrator Heck stated the revised Policy provides Council with the authority to establish a committee, and it provides general guidelines for what the committee's responsibilities would be. The intent is for the committee to report back to Council on its findings. He stated Council was being asked to adopt the revised Policy this evening, and it can establish the committee any time. Woodruff moved, Turgeon seconded, approving the revised Investment Policy as amended by deleting the statement " to review investment portfolio and performance". Councilmember Bailey questioned why the Policy should not specify two Councilmembers as part of the committee. Mayor Lizee recommended the Mayor be part of the committee. Bailey stated if the Mayor has a strong interest and three Councilmembers don't it would make sense for the Mayor to participate. Lizee stated she was interested in being a member. Councilmember Zerby stated the Mayor's role is different from the other Councilmembers and that is how it is perceived by the citizens. Bailey stated if someone is going to be on a committee they should have an interest in what the committee is supposed to do, and it may be that two Councilmembers have more interest than the Mayor has. Zerby stated this was not about Mayor Lizee but about representation. Bailey stated this was about expertise. Councilmember Turgeon stated the City was a council-run city not a mayor-run city; the Councilmembers and the Mayor each get one vote. Bailey recommended the Policy be amended to state two Councilmembers would be selected to serve on the Committee. Without objection from the maker or seconder of the motion, the motion was amended to also include an amendment to the Policy to change the elected official membership on the committee to be two Councilmembers. Motion passed 3/2 with Lizee and Zerby dissenting. Woodruff moved, Bailey seconded, forming Oversight Investment Committee and appointing Councilmembers Bailey and Woodruff to serve as the two elected officials on the Committee. Motion passed 5/0. E. Recycling Vendor Discussion Administrator Heck stated Councilmember Zerby requested this item be placed on the agenda. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 10 of 16 Councilmember Zerby explained that Administrator Heck had provided him with a copy of the current contract the City has with Violia for providing recycling services. He also received a memorandum written by the previous city administrator in 2007 explaining the City had participated in a group known as the Lake Minnetonka Recycling Group (six cities comprised the group), and the Group had sent out requests for proposals to which a number of recycling companies replied. The summarized RFP response information was also included in the memorandum. Zerby stated Council has stated it wanted to improve and increase recycling within the City. He explained there are two systems used for collecting recyclable materials - a single sort system and a dual sort system. With the single sort system all recyclable material goes into the same container; with the dual sort system materials are separated into two containers. Most of the surrounding communities use a single sort system. He is very impressed with Eden Prairie's single sort system. Recycling firms believe the single sort system improves participation. In addition to increasing recycling participation, a single sort system places less burden on the City's streets and there is basically no tax paid on collection services for recyclable material where the tax on regular refuge services is approximately an 18 percent. Zerby then stated he and Administrator Heck needed additional time to prepare materials for a Council discussion at its next work session, but he wanted to make Council aware that he was working with Heck on this. He is in favor of using a single sort system noting that Violia and Allied Waste can use the single sort system. Councilmember Turgeon stated residents have contacted her about the possibility of the City providing organics recycling. It was her understanding that with single sort recycling pickup would occur every other week. It was also her understanding that cities that use the single sort system also have city-wide refuse pickup by one or two refuse haulers. She suggested Councilmember Zerby and Administrator Heck work with Julie Moore and Pat Fasching on organics recycling. Zerby stated he wanted to make sure it did not confuse the regular recycling study. Mayor Liz6e stated Hennepin County wants to come before Council to discuss its recycling program, including organics recycling. She then stated that often times more material ends up in landfills with single sort recycling because material becomes contaminated. Councilmember Zerby stated he would like to move forward on this sooner versus later. Councilmember Woodruff stated he was very interested in discussing recycling options, but he did not think there is any rush to do so. Administrator Heck explained the current contract with Violia contains an option to extend the contract for 24 months and if the City chooses to do so it must notify Violia of that decision by June 30, 2009. Violia then has one month to determine if it wants to agree to the extension. If it does, the City and Violia have until September 1, 2009, to finalize the agreement. Therefore, the recycling discussion is very timely. In response to a question from Administrator Heck, Councilmember Zerby stated there was already a great deal of recycling information available but he would like additional information about single sort and dual sort systems. Administrator Heck commented the City of Roseville did a fairly good city-wide recycling study, and the City of Minnetonka has a very high participation rate with its single sort system where recycling is picked up weekly. He stated Staff would assemble updated recycling information and the costs for various recycling programs. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 11 of 16 Mayor Lizee commented that many of the recycling haulers are expanding. She recommended data be gathered and presented to Council for discussion, and then the recycling options be presented to the public. Administrator Heck stated he will start gathering information. F. Council Term Limits and Meeting Procedures Councilmember Woodruff stated prior to the Council work session preceding this meeting, there was question if Council terms expired at the end of the year or when the newly elected officials were sworn into office. Attorney Tietjen stated terms are addressed in the MN Statute and may well be further addressed in the City's Ordinance. She will research what each of these specifies. She assumed the outgoing Council would remain in affect until the newly elected officials were sworn in. Councilmember Zerby stated he also wanted to know what procedural ordinances the City has regarding how meetings are run. Attorney Tietjen stated she would research that also. G. Establish a Technology Committee Administrator Heck stated Staff has been discussing a new phone system and data system. He then stated there have times in the past where the City has had a technology committee. He recommended Councilmember Zerby represent Council on this committee because of his professional experience, and that he, Finance Director Burton, the City's web developer and possibly Director Brown comprise the rest of the committee. In response to a question from Councilmember Turgeon, Administrator Heck stated the first priority for the committee would be to evaluate replacement phone system proposals. Heck noted City Staff does not have information technology expertise. Councilmember Zerby stated he would be pleased to serve as a member of the technology committee noting he wanted Council to have the opportunity to discuss this first. Bailey moved, Woodruff seconded, approving the establishment of a Technology Committee with Councilmember Zerby serving as the Council representative. Motion passed 5/0. H. Memorandum of Understanding with AFSCME This item was removed from the consent agenda at Councilmember Bailey's request. Councilmember Bailey stated the Memorandum of Understanding (MOU) with AFSCME regarding renewal of sewer operator licenses by Public Works staff was clearly written to address a specific situation. The situation involves an employee whose licensed expired. The MOU stipulates the employee is required to take and pass the license exam the next time it is offered or the employee returns to the light equipment operator classification and compensation level. He questioned if this would apply to any similar situation in the future. Administrator Heck stated the MOU is intended to prevent the current past practice from reoccurring. The MOU will end the past practice; it allows the employee to maintain their current job functions and rate of pay for a specified amount of time. Also, the language in the MOU will be discussed for inclusion in upcoming contract negotiations with the AFSCME bargaining unit. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 12 of 16 Bailey moved, Zerby seconded, approving the Memorandum of Understanding between the City of Shorewood and AFSCME Council 5, Local 224 City of Shorewood Public Works Employees AFL- CIO. Motion passed 5/0. Engineer Landini stated per Council's direction Staff has prepared a drainage and utility easement for City-owned property located at 5795 Country Club Road. The easement would be located on the east 25 feet and south 100 feet of Lot 11 Block 2 Echo Hills 2°d Addition. It will not impact the existing garage or driveway on the property. The easement will allow for a 20-foot-wide rain garden to be constructed when needed. The easement must be recorded before the property is sold. In response to a question from Mayor Lizee, Engineer Landini explained the existing easement will remain as is; this easement is a five-foot wide drainage and utility easement and it would not be adequate. Councilmember Woodruff stated he does not have any concern with the proposed easement. He questioned who is responsible for maintaining a rain garden in the easement if the property is sold. Director Nielsen stated often the responsibility becomes that of the benefiting party, and in this case the benefiting party is the City. Nielsen explained the easement is less than the rear-yard setback requirement. Nielsen stated if a buyer was obligated to maintain the rain garden it could potentially negatively impact the salability of the property. Councilmember Bailey stated lie assumed the rain garden will be low maintenance. Director Nielsen stated the landscape plan that must be prepared for the City Hall property will include the rain garden. Woodruff moved, Turgeon seconded, approving the Drainage and Utility Easement for 5795 Country Club Road City of Shorewood. Motion passed 5/0. B. Set Public Information Meeting Date for Harding Lane and Smithtown Lane This item was removed from the consent agenda at Councilmember Woodruffs request. Administrator Heck noted the meeting about Harding Lane and Smithtown Lane proposed for January 27, 2009, would be a public information meeting and not a public hearing. He explained the meeting would be held prior to any preliminary design of the roadways being done, and it is intended to provide information to and gather feedback from the public. The City's general parameters for reconstructing roads would be discussed. He noted that during its November 24, 2008, work session a Councilmember recommended Staff start preparing a plan for implementing the Harding Lane and Smithtown Lane projects in 2009. In response to a comment from Councilmember Bailey, Administrator Heck explained there were Street Reconstruction Funds available to start the two projects. He stated at the above referenced meeting Council stated it would discuss long-term funding for the Pavement Management Plan (PMP) in more detail in 2009. Councilmember Turgeon expressed concern that the City did not know how much land it had to acquire for right-of-ways and what the cost to do so would be. Therefore, she was hesitant about holding a public information meeting. She stated it is her recollection that when Council discussed reconstructing SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 13 of 16 roadways before the topic of not constructing 24-foot-wide roads had been discussed. Council discussed reconstructing roadways at their current width not including edge control; in other words 20 - 22-foot- wide roadway were discussed. The high level drawing indicates a 24-foot-wide roadway surface not including edge control. Engineer Landini explained the City has all the property it needs for Harding Lane. It has 50 feet of right- of-way. Including edge control, the surface would be less than what it is currently. He stated in order to adhere to the Capital Improvement Program (CIP) Staff recommends moving forward with at least Harding Lane. Councilmember Bailey stated the issue is one of timing; He questioned if a public meeting is being scheduled too soon. He stated discussing long-term funding for the PMP and roadway standards are at the top of his list to discuss with regard to roadway reconstruction efforts. He questioned if the meeting had to occur on January 27, 2009, to keep on schedule to be able to reconstruct Harding Lane in 2009. If so he would reluctantly agree to it. He expressed concern that the public meeting could ultimately back the City into a corner. Councilmember Zerby stated he is interested in first developing a process that can also be used for all roadway reconstruction projects; the steps of the process must be identified and followed. Councilmember Woodruff stated he was not sure there was enough detailed information to have the public meeting. He cited the problems that occurred with the Glen Road, Amlee Road and Manitou Lane preconstruction project and he did not want to have that occur again. He questioned if the roadway could be staked out somehow before the meeting. He wanted to have a conceptual plan first. Councilmember Zerby stated he understood Councilmember Woodruff to want to get a preliminary design, with the definition of preliminary yet to be determined. Woodruff stated he did not want to spend $20,000 to get that design. Woodruff then stated Council had reached agreement about roadway standards already. Councilmember Zerby asked Engineer Landini if he could impose rough drawings of the reconstructed roadways over existing satellite maps. Councilmember Woodruff stated that would be okay with him. Councilmember Woodruff stated Council did approve a CIP for roadway improvements with adequate funding for Smithtown Road and Harding Lane, and he did not recollect there being any discussion about not reconstructing these two roads. Councilmember Bailey stated Council has not decided what the source of the funding for roadway reconstruction will be. He understood that money is set aside for starting the projects. He thought it prudent for Council to decide whether or not it will assess for reconstruction and how it will fluid reconstruction throughout the City. He explained he did not want the Harding Lane project to be postponed to another year. Councilmember Bailey asked what the impact would be of not holding the meeting on January 27`x'. Engineer Landini stated it could result in the project being delayed. He explained there is a 30-day notice for a public hearing, two - three months of plan preparation, one month for a feasibility study, the project has to then be let out for bids, and ground would not be broken until around September 2009. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 14 of 16 Mayor Lizee stated she understood Engineer Landini to say the timeline is necessary to do the project in 2009. She then stated some type of concept design is needed to present to residents to get their- input at the same time Council discusses long-term funding. Councilmember Bailey stated if Council does not have a funding position prior to the public meeting then Council should be willing to say so. Councilmember Woodruff stated the long-term funding for the PMP must be decided and he thought that could be done in parallel with getting public input. He then stated there has to be enough information for the public meeting. In response to a question from Councilmember Zerby, Engineer Landini stated lie could have an overlay reflecting the high level alignment of Harding Lane prepared by January 27`x'. He explained the City does not have enough land to construct a cul-de-sac at the end of Smithtown Lane, and negotiations for acquiring the necessary land could take one year. He would not be able to prepare any overlay that would reflect tree removal requirements. Director Brown explained it is not possible to define construction limits without going through a preliminary design process and taking the time to analyze things. With the Glen Road, Amlee Road and Manitou Lane project property owners did not become overly concerned until they had a clear visual of how the reconstruction project would impact their properties. He appreciates Engineer Landini's quest to insure the City receives residents' input very early on in the process, per Council's previous direction. Brown stated it would help the process if Council and Staff could present a unified front on what the standards are for roadway reconstruction. He explained a three dimensional model of a proposed reconstruction is very valuable. Sue Davis, a resident, questioned when the residents will be able to look at the PMP. She suggested that occur sooner than later. Mayor Lizee recessed the meeting at 9:05 P.M. Mayor Lizee reconvened the meeting at 9:10 P.M. Mayor Lizee suggested the public meeting be scheduled as suggested for January 27, 2009. She also suggested Council quickly continue discussions about long-term funding. In response to a question from Councilmember Woodruff, Engineer Landini stated he was comfortable with scheduling a public information meeting about the reconstruction of Harding Lane on January 27`1'He was not as comfortable with discussing Smithtown Lane before discussions have occurred about acquiring the property necessary for a cul-de-sac. Councilmember Turgeon expressed concern about having the necessary easements for Smithtown Lane. Engineer Landini explained the City had a 66-foot wide easement. Turgeon questioned if a hammer head was an alternative to the cul-de-sac on Smithtown Lane, to which Landini responded it could be. She stated she had no concerns having a public meeting about Harding Lane. In response to a comment from Councilmember Woodruff, Engineer Landini stated he could provide general alignment overlays of the hammer head and cul-de-sac options for Smithtown Lane. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 12, 2009 Page 15 of 16 Councilmember Zerby stated although a preliminary design has not been prepared, he suggested the public meeting be held on January 27`x'. He suggested that the timeline for roadway reconstruction projects be extended to 18 - 24 months. Zerby moved, Woodruff seconded, scheduling a public information meeting about the reconstruction of Harding Lane and Smithtown Road and approving the design material that will be presented. Councilmember Bailey stated he agrees that the City needs to publicize its PMP, but that should not be done until Council has agreed to a plan for long-term funding of the PMP, contingencies and the reconstruction priorities. Director Brown stated Staff did present Council with the PMP once with a high level estimate cost of $36 million. At that time Council stated the incoming Council should decide on a funding strategy. Motion passed 510. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck stated Staff will be relocating to the Council Chamber in the next week or so, and the temporary wall around the Chamber has been taken down. The furniture committee is preparing furniture options. The components for the Council Chamber audio visual equipment are being defined. 2. Water Tower Update Director Brown explained the paint inside the rehabilitated SE Area Water Tower is not curing because of the cold temperatures, and Staff is researching how to compensate for that. To-date the project has come in without requiring any extras, but there may be a need to spend $2,500 - $3,000 for heating equipment to help with curing the paint. Residents may be experiencing more iron in their water because the Tower is off line. B. Mayor & City Council In response to a question from Councilmember Woodruff, Administrator Heck stated the City-owned house is not rented. There was a couple who expressed interest in a rent-to-own arrangement but that did not come to fruition. He suggested Council define the parameters for sale of the house at its next meeting. Woodruff stated he would favorably consider a contract for deed arrangement which Councilmember Zerby opposed. Councilmember Woodruff noted there were Park and Planning Commission positions that would become open at the end of February and he encouraged residents to apply for those openings. Councilmember Zerby stated lie is a member of the committee which is conducting a feasibility study of connecting the LRT trail by Country Road 19 with the Dakota Trail in Navarre. The Committee has held three open houses and presented three design plans. A fourth plan is being developed. He noted Three Rivers Park District is involved in the process and is very supportive of it. SHO WOOD CITY COUNCIL GUI MEETING MINUTES January 12, 2009 Page 16 of 16 Mayor Lizee stated the Arctic Fever Event is scheduled for January 17, 2009. Mayor Lizee recessed the meeting to an Executive Session at 9:25 P.M. 12. RECESS TO EXECUTIVE SESSION A. Discussion on Police Contract Mayor Lizee convened the Executive Session at 9:27 P.M. All Councilmembers, Administrator Heck and Attorney Tietjen were present. The purpose of the meeting was to discuss the South Lake Minnetonka Police Department's negotiations with its police officers' labor union. Woodruff moved, Zerby seconded, Adjourning the City Council Executive Session of January 12, 2009, at 9:49 P.M. Motion Passed 510. 13. RECONVENE TO REGULAR CITY COUNCIL MEETING Mayor Lizee reconvened the regular meeting at 9:50 P.M. 14. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of January 12, 2009, at 9:50 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: i Laura Turgeon, Acting Mayor Brian Heck, City Administrator/Clerk