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091409 CC Reg Min5755 COUNTRY CLU OA COUNCIL CHAMBERS 7 :00 P.M. i? ! , Mayor Lizee called the meeting to order at 7:00 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 Turgeon moved, Zerby seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, August 24, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Executive Session Minutes of August 24, 2009, as presented. Motion passed 5/0. B. City Council Work Session Minutes, August 24, 2009 Turgeon moved, Zerby seconded, Approving the City Council Work Session Minutes of August 24, 2009, as presented. Motion passed 510. C. City Council Regular Meeting Minutes, August 24, 2009 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of August 24, 2009, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List (This was moved to Item IO.0 under General/New Business.) CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES S September 14, 2009 Page 2 of 10 Administer Heck stated in late 2008 Council approved a reallocation of City staff that was to take effect on January 1, 2009. The full -time engineering technician position was eliminated and the time from that position was reallocated to administration, communications, recycling / solid waste, parks and contract engineering technician services. Recently Council asked him to prepare a report assessing the effectiveness of the reallocation. The report was included in the meeting packet for this meeting. He thought the reallocation has produced positive results. Heck highlighted his report. The highlights are as follows. With regard to communications and web communications, Heck stated the City's updated website is very good. Additional resources have been added to the website and others are planned to be added. Staff is working on an online survey tool for the website which will allow the City to gather information about the services it provides. Residents can sign up for things it would like the City to send, and they can update their email addresses. Additional improvements are planned for the City's newsletter. The newsletter is also being produced as a web newsletter. With regard to parks, Heck stated the City expanded the scope of its contract with Community Recreation Resources (CRR) to include serving as the liaison and coordinator for the parks. The City's Park Master Plan has been improved and park projects are moving forward. The level of activities in the parks has improved. There has been progress on physical infrastructure improvements in the parks, and there will CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 14, 2009 Rage 3 of 10 �- • s s With regard to recycling and solid waste, Heck stated the City has expanded its recycling program to the parks as a pilot effort. It will continue into 2010 in all the parks. The plan is to implement a recycling program in all of the City's facilities. There is a hazardous waste drop off program scheduled for later in the week. The date for the 2010 spring cleanup has been identified. Heck stated evaluation of staff allocation is an ongoing process. Staff may have to be reallocated as technology improves and priorities change. He clarified this does not mean there will be a reduction in staff. There could potentially be a need to hire temporary personnel to help with the very aggressive roadway program. 0114 MW 7. PARKS Commissioner Quinlan reported on matters considered and actions taken at the September 8, 2009, Park Commission meeting (as detailed in the minutes of that meeting). 8. PLANNING Commissioner Hutchins reported on matters considered and actions taken at the September 1, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). In response to a request from Councilmember Zerby, Director Nielsen explained the September 15` neighborhood meeting on the City's Comprehensive Plan is for the Planning Districts located in the west end of the City and the islands in the City. The September 29` meeting is for the Districts in the east end of the City including the Manor area and the southeast area of the City. The October 6"' meeting is for the Districts in the central portion of the City. A. Bill Erickson Preliminary Plat Applicant: Bill Erickson Southwest corner of Shorewood, West of Smithtown Road Director Nielsen stated Bill and Karen Erickson worked with their neighbors to purchase a piece of land [27944 Smithtown Road] that abuts their properties located at 27830 and 27940 Smithtown Road, David and Patricia Wessner's property located at 27920 Smithtown Road, and Jack and Gretchen Norqual's property located at 27960 Smithtown Road. The owners of the five properties have agreed to rearrange the lot lines between the lots. The preliminary plat indicates the 27944 parcel will be eliminated. The land will be redistributed to the abutting lots and in doing so a number of nonconformities on the existing lots will be corrected. For example, one of the existing lots is substantially less then the 40,000 square feet of area. It will be brought up to the 40,000 square -foot standard for the R- I A Zoning District. Some setback issues will also be corrected by the rearrangement of lot lines. Hardcover on the four newly configured lots will be less then 25 percent. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 14, 2009 Page 4 of 1 Nielsen stated Staff and the Planning Commission recommend approval of the preliminary plat subject to the recommendations identified in the Staff report. Nielsen then stated he echoed the Planning Commission's comment commending all the property owners for finding a way to correct the messy area. Nielsen noted Karen Erickson was present this evening. Ms. Erickson explained the house they demolished on the 27944 property became too costly to continue to repair; it was basically beyond repair. She commented that the Green Institute came and took everything it could out of that. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 09 -051 "A Resolution Granting Preliminary Plat Approval for the Bill Erickson Addition." subject to the recommendations identified in the Staff report. Motion passed 510. 9. ENGINEERING/PUBLIC WORKS A. Lake Mary Storm Water Project Director Brown stated the meeting packet for this meeting contained a memorandum from him about the Lake Mary storm water outlet. He clarified Lake Mary is actually wetland which does not have a proper outlet. He noted the 2008 — 2012 Capital Improvement Program (CIP) lists the construction of a proper outlet for an estimated amount of $457,000. He stated Council has discussed this potential project on a number of occasions. During 2004, 2005 and 2006 the City's Public Works Department had been called upon to pump Lake Mary to avoid damages to adjacent homes and properties. Brown explained the City cannot dredge or alter Lake Mary because it's Department of Natural Resources protected water. The possibility of building dikes around it has been considered but the location of existing houses prohibits that. Brown stated that during past discussions the Council indicated this is a difficult project to justify because of the cost. He thought there are some intangibles that should be considered as part of the justification. For example, it's difficult to put a price on the impact of water lapping at windows on a house. Brown then stated based on Council feedback as well as the payback period for the project Staff recommends Council remove the project from the CIP and direct Public Works to continue pumping Lake Mary as needed. Councilmember Bailey asked how many houses have been affected by high water levels. Director Brown explained there are two structures that get affected immediately. Bailey commented the City would be spending close to $500,000 to protect two homes. Brown clarified two structures have been affected immediately, and there are 20 parcels of land which are adjacent to the floodplain area for Lake Mary and CITE' OF SHOREWOOD REGULAR COUNCIL MEETING C MINUT S September 14, 2049 Page 5 of 10 they were all impacted in some way (e.g., loss of trees, shoreline erosion). Bailey asked how many of the 20 parcels experienced tree loss, Brown stated he thought that about 15 of the parcels experienced some tree loss. Councilmember Bailey stated he thought there could be a third option of how to deal with this issue and the option would be to create a special taxing district, although he didn't think it would be well received by the residents. He then stated he thought it more prudent for the City to continue to pump Lake Mary as needed rather than spend the money to construct a proper outlet. Bailey moved, Turgeon seconded, removing the Mary Lake storm water outlet project from the Capital Improvement Program and directing the Public Works Department to pump Mary Lake as needed. Councilmember Woodruff stated when Mary Lake needs to be pumped Public Works runs temporary hose across some roads. He asked if Staff wanted to recommend running pipe underneath those roads instead. He suggested this be discussed at some future date. Motion passed 510. B. Harding Avenue, Harding Lane, Smithtown Lane Project Update Engineer Landini stated the meeting packet for this meeting contained a project status update for the Harding Avenue, Harding Lane and Smithtown Road project dated September 10, 2009. Harding Avenue and Harding Lane were milled on September 11` Staff and a few homeowners in the area have been discussing relocating the alternate storm water pipe that goes in the back yards. Staff has been investigating the possibility but has not reached any conclusion as of yet. Landini then stated Smithtown Lane has been marked for clearing and grubbing, and the contractor has started to remove the brush. Xcel Energy is expected to install two power poles this week as well as move its electric lines. Qwest has indicated it will not be able to relocate its lines in a reasonable timeframe. Staff is encouraging Qwest to do it faster, but to date Qwest has not committed to doing so. Because of that Staff has chosen to delay milling Smithtown Lane until it can confirm Qwest will complete its relocation of lines in time for the rest of the project to be completed before winter; Staff does not want Smithtown Lane to be a gravel road throughout the winter months. Councilmember Bailey asked how long it would take to complete the Smithtown Lane project once Qwest has completed its relocation activities. Director Brown explained there would be approximately 4 — 4.5 weeks of work after that is done. Brown stated Staff has strongly encouraged Qwest move forward more rapidly, noting Qwest received the plans in time. He explained the contractor has indicated it will cost $650 to remobilize the reclaiming equipment. Therefore, Staff has asked the contractor hold off with the effort until Qwest's plans are known. If Qwest relocates the lines in the next two weeks, Staff will research what the weather patterns look like before deciding on starting the rest of the project in 2009. In response to a question from Councilmember Bailey, Director Brown stated residents will be notified if the rest of the project is delayed until 2010. They would be told that if the project is delayed until 2010 it would be started immediately after the weight restriction was removed on May 1, 2010. In response to another question from Bailey, Brown stated although the City has all the necessary things in place which should give it some control over utility companies in reality it does not work that way. It's a negotiation process and sometimes the utility companies do things on the City's timetable and sometimes they don't. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 1, 2009 Page b of 10 There are very few projects in the metropolitan area that are held up for reasons more than the private utility companies. Councilmember Woodruff asked if there would be an increase in project cost if the project is delayed until 2010. Director Brown stated the cost will likely go up. The contractors will probably implement a wage increase during that time. The contractors are locking in asphalt prices for as little as one month at a time so the cost could fluctuate. Woodruff stated both projects were awarded to the same contractor because the City would then receive a discount because of efficiencies that would be achieved. Woodruff asked if the City would lose the discount. Brown explained if the project is delayed until 2010 the contractor will not want to keep the project open to the following year. For Harding Avenue and Harding Lane the first course asphalt will be put down in 2009, and after it has gone through a freeze /thaw process the contractor will come back and fix things and then put on the final wear course. Councilmember Zerby asked if the City has to pay Qwest for relocating its lines for this project, to which Director Brown responded no. Mayor Lizee stated Sally Koenecke, the LMCC Executive Director, was present this evening to discuss the 2010 Lake Minnetonka Communications Commission (LMCC) budget. Ms. Koenecke stated the 2010 LMCC budget is relatively flat when compared to its 2009 budget. That is in large part because the LMCC had a relatively large expenditure in 2009 having to do with the LMCC's playback system. Its equipment budget for 2010 is roughly $23,000 and it was approximately $70,000 for 2009. She explained the budget is divided into three categories which are Franchise Administration, Studio and Capital. In 2009 the LMCC conducted a franchise fee audit; it has not yet decided how it will resolve that. The LMCC has budgeted to conduct another audit in 2010. Ms. Koenecke then stated the LMCC has had a good year. It has been adding programming. It purchased the building it had been renting. It's been doing more with the Minnetonka School District, noting a lot of Shorewood's children go to school in that District. She has been directed to start looking into possible cosmetic improvements in the facility. The LMCC has a relatively high fund balance because of some of the upgrades that need to be made to the facility in the next few years and the need to purchase a replacement production van. She commented the City's communications coordinator has taken classes and done some programming. She noted the City will be recognized at the LMCC's programming recognition event that will be held on September 24` Councilmember Woodruff stated the 2010 budget is a relatively flat budget. He commented that the LMCC is supported by franchise fees and public, education and government (PEG) access fees which are paid by the subscribers. Tax dollars are not used to support the LMCC. He thought the LMCC is doing a good job. Woodruff moved, Bailey seconded, approving the Lake Minnetonka Communications Commission 2010 Budget as presented. Motion passed 510. Councilmember Zerby asked how many Shorewood household subscribe to cable. Ms. Koenecke stated she would send the report to Administrator Heck. CITE' OF SID W€ OD REGULAR COUNCIL MEF,"1`ING MINUTES September 14, 2009 Page 7 of 1 Discussion moved to Item 10.1) on the agenda. B. Dick Woodruff and Greg Nybeck Report on Lake Minnetonka Conservation District (LMCD) Activities This was discussed after Item 10.13 on the agenda. Councilmember Woodruff, the City's representative on the Lake Minnetonka Conservation District (LMCD) Board, provided a report on recent LMCD activities (June through August). He noted that LMCD Executive Director Nybeck is present and will be happy to answer any questions Council has. The highlights of the report are as follows. The LMCD's 2010 budget has been approved and it reflects a zero percent increase over 2009. Shorewood's cost will decrease by $455 due to the funding formula. LMCD staff will not receive any pay increases in 2010. Some funds have been reallocated to inspections for aquatic invasive species (AIS). The LMCD's 2010 budget has allocated funds for the inspection program equal to the 2009 actual inspection level. As part of its strategic planning process the LMCD Board has prepared vision and mission statements, and identified objectives and goals. It's in the process of preparing project plans. The intent is to release the strategic plan to member cities by the end of 2009. The Exotics Task Force has been working on a comprehensive AIS prevention plan. There was an inspection done of Grays Bay and Phelps Bay about three weeks ago to assess the impact of the milfoil treatment. A number of agencies participated in the inspection. Very few pockets of milfoil were found and there was no surface matting. Carman Bay was not treated because there was insufficient financial support from residents. The Army Corps of Engineers will release the formal report on the treatment effort later this year. Flowering Rush has been found in Browns Bay, Crystal Bay, and Smiths Bay. The Department of Natural Resources had the areas chemically treated. Once Flowering Rush is established it's not possible to eliminate it, but it can be controlled. Milfoil harvesting was completed in mid- August. There were 170 truck loads harvested this year compared to 97 in 2008 and 148 in 2007. 2009 was an extremely heavy growth year. Due to the low water level in Lake Minnetonka the dam to Minnehaha Creek has been closed since June 2 °d . He noted he attended all of the LMCD Board meetings held in June, July and August as well as three Exotics Task Force meetings, two strategic planning meetings, and both chemical treatment inspection tours. Mayor Lizee thanked Executive Director Nybeck for coming to the meeting. Discussion moved to Item I LA on the agenda. C. Approval of the Verified Claims List This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated verified claims includes check # 48873 for a an amount of $35 for reimbursement to Mayor Lizee for a Lake Minnetonka Conservation District and Lake Minnetonka Association event which did not occur. Lizee had paid for the event and her check was later destroyed; therefore, this check should be pulled. It includes check # 48845 in the amount of $100 to establish a petty cash fund for the Southshore Community Center operations. He has no problem issuing the check provided the City establishes an agreement between the City and Community Recreation Resources (CRR) about the use of the funds in the next two weeks. It also includes check # 48897 in the amount of $5142.45 to Superior Painting Contractors for painting services in the Southshore Community Center; the total authorized cost of the job is $9,710. As of the afternoon of September 10` the painting was not CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 14, 2009 Rage 8 of I completed. He asked Administrator Heck to ensure the work was done before the check was released. Administrator Heck stated he is waiting for a response from CRR. Woodruff moved, Turgeon seconded, approving the verified claims list subject to check # 48873 being removed, Staff preparing an agreement on the use of the petty cash for the Southshore Community Center in the next two weeks and Staff verifying its appropriate to release check # 48897 for the painting of the Southshore Community Center. Councilmember Zerby asked if the agreement about petty cash was more like a policy or a general understanding. Councilmember Woodruff stated he envisioned it being a one page agreement. Motion passed 510. This item was removed from the consent agenda at Councilmember Zerby's request. Councilmember Zerby stated he did not think this item should have been on the consent agenda because Council Policies and Procedure Item 7.7 Motion to Suspend the Rules requires 4/5 of the Council to suspend the rules yet only 3/5 of the Council has to approve the consent agenda which would approve the Policies and Procedures. He thought it should take the same vote to approve them as suspend them. Zerby stated in Item 3.6 Public Comments Councilmember Bailey had previously requested that a decision to recognize public opinion could be overridden upon a majority vote of the members present and voting be added to this item. He thought that statement was redundant with Item 4.4 Powers which states a decision may be appealed to the Council upon motion of any member by use of point of order. The point of order rule in Roberts Rule of Order can be applied to any portion of the meeting. Councilmember Bailey explained that he asked that the mayor or majority of the council be inserted in a number of places. He thought the will of the Council should prevail in any sort of decision of the body. He did not think adding the language to Item 3.6 harmed anything. He would prefer to have it clearly communicated. Councilmember Zerby stated it frightens him somewhat that by having it under Public Comments the voice of the public could be squelched. He thought it important to allow the public to comment when they have the courage to speak to council. Inserting the language bristles him. Councilmember Turgeon stated the document has been changed to be consistent throughout. Therefore, unless it really bristles Councilmember Zerby she suggested it stay in there. Mayor Lizee stated she agreed this item should not have been on the consent agenda as it should be discussed in public. Councilmember Turgeon stated it was appropriate to remove the item from the consent agenda. She then stated Council has done its due diligence regarding the policies and procedures and she would like to approve them. Mayor Liz6e stated the language also bristles her. The mayor's job is to run the meeting and recognize members of the public. Roberts Rules of Order includes the point of order where the mayor's call can be challenged. She thought by stating that the simple majority of the council can override the mayor so many times in the document it appears that Council is trying to obscure the transparency of the process. When CITE' OF S OREWOOD REGULAR COUNCIL MEETING MINUTES September 14, 2009 Page 9 of 1 the public comes to a meeting they shouldn't have to deal with the possibility that their recognition may be jeopardized. She thought it prudent for Council to remember the public is Council's boss; Council works for them. Council should try and allow as much interaction as possible in a controlled way. She stated a similar rule should apply to the chair of any meeting (e.g., the Planning Commission or the Park Commission), noting she as mayor is the chair of Council meetings. Councilmember Bailey stated his recommended amendment should not be seen as threatening. From his perspective it should be viewed as protecting the public. Previously it read upon recognition of the mayor. He could argue that it could be possible the mayor may not recognize the public. This would allow the majority of the council to recognize public. He thought the role of the chair was to keep order; to act basically as a traffic cop. It's the will of the majority of the body that ultimately makes the decision. This also applies to setting the agenda. Woodruff moved, Turgeon seconded, approving the Council Policies and Procedures as presented. Motion passed 3/2 with Liz6e and Zerby dissenting. Discussion moved to Item 10.8 on the agenda. 11. STAFF AND COUNCIL REPORTS Administrator Heck stated Warner Connect will be installing a project and task management system on the network server by September 18 Director Brown stated now that the Amesbury Well controls have been replaced the City has the capability to have just the east and west water systems. Should the Southeast Well fail the Amesbury Well can pump to the SE Area Water Tower and vice versa. There continues to be stability with the west water system. The City has been working toward establishing redundancy in both water systems for the last five years. It's been achieved. He noted a watermain break could still pose a problem. Brown then stated Hennepin County is hosting a hazardous waste drop -off site at Shorewood Public Works on September 17 — 19. He thanked the County for taking on this task for the Lake Minnetonka area. In response to a question from Councilmember Zerby, Brown explained that the County will be putting up the signage to direct people to the drop -off site. In response to a question from Councilmember Turgeon, Director Brown explained the City has a spare decorative light pole and he will schedule an electrician to replace the pole of Glen Road that has been damaged. Director Nielsen stated the neighborhood meetings to discuss the Comprehensive Plan update are scheduled for September 15"', September 29` and October 6"'. They will be held from 5:00 P.M. to 7:00 P.M. The meetings will be very informal. B. Mayor and City Council Mayor Liz6e stated she participated in the South Tonka League of Women Voters annual lively issues forum which was held on September 10` at City Hall. The six majors from the South Lake area participated. The forum lasted over two hours. She explained she had spoken with Excelsior Fire Department (EFD) Chief Gerber about the MCI (Multiple Casualty incident) training drill held on CITY OF SI- O EWOOD REGULAR COUNCIL MEETING MINUTES September 14, 2009 Page 10 of 10 Zerby moved, Turgeon seconding, recessing the meeting to an Executive Session at 8:12 P.M. Motion passed 510. A. AFSCME Labor Negotiations Request Mayor Lizee convened the Executive Session at 8:16 P.M. All Councilmembers, Attorney Tietjen, Administrator Heck and Director Brown were present. The purpose of the meeting was to discuss the City's negotiations with Local 224, Council 5, of the American Federation of State, County and Municipal Employees, AFL -CIO labor union (the union representing the City's Public Works employees). Woodruff moved, Turgeon seconded, Adjourning the City Council Executive Session of September 14, 2009, at 8:46 P.M. Motion Passed 5/0. 13. RECONVENE REGULAR COUNCIL MEETING Woodruff moved, Zerby seconded, reconvening the City Council Regular Meeting at 8:46 P.M. Motion passed 5/0. 14. ADJOURN Zerby moved, Turgeon seconded, Adjourning the City Council Regular Meeting of September 14, 2009, at 8:47 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor