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121409 CC Reg Min5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 6°00 P.M. Mayor Lizee called the meeting to order at 6:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmernbers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Woodruff moved, Turgeon seconded, approving the agenda presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, November 23, 2009 Zerby moved, Turgeon seconded, approving the City Council Executive Session Minutes of November 23, 2009, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, November 23, 2009 Turgeon moved, Bailey seconded, approving the City Council Regular Meeting Minutes of November 23, 2009, as amended in Item 6.A, Page 15, Paragraph 2 delete "Bailey commented he was not sure he cared about that being the current roadway has lasted 30 years." Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Bailey moved, Zerby seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. City Clerk's License List C. Setting February 8, 2010, for the 2010 Storm Water Pollution Prevention Program (SWPPP) Public Information Meeting D. Setting February 22, 2010, for the 2010 City Water Ordinance Amending Hearing CITY OF SH R W OD REGULAR COUNCIL MEETING MINUTE December 14, 2009 Page 2 of 10 E. City Attorney Services for 2010 F. Clear Wireless LLC — Conditional Use Permit for Telecommunications Equipment (This was moved to Item 1 O.0 under GeneraMew Business.) 1 IR��iTC c ►. '�:1[ ff [W I I l! n i if I Ir I G. Authorize Expenditure of Funds for Voting Booths H. Staffing Changes I. Adopting RESOLUTION NO. 09 -071 "A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database License Agreement with Hennepin County for the Year 2010." Councilmember Zerby asked if Allied Waste needed to be added to the list of garbage haulers. Director Brown explained Allied Waste would be considered during first Council meeting in 2010. There was ensuing discussion as to whether or not Allied Waste was a licensed waste hauler, and whether Allied Waste and Allied Recycling were the same legally the same firm. Director Brown stated Staff will research those items. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Patrick Hodapp, a Shorewood resident stated last year he switched solid waste haulers and was charged a collection fee in the amount of $25 for the company to come and pick up his container. He went through a lengthy process to fight the charge. He learned that some communities don't allow haulers to charge such a fee. The first hauler changed the rules of the service arrangement eight months before that indicating it was going to charge a collection fee to pick up the bin. If the City has any authority to prevent that type of fee from being charged or require the providers to clearly communicate that is the rule it would be helpful. Travis Deniers a Shorewood resident stated when lie changed providers he took his old container to a drop -off site in the City of Winsted rather then pay the $15 fee and later decided it wasn't worth his time. Councilmember Woodruff asked that Staff look at its contracts with solid waste haulers to see if that is in there. Administrator Heck explained the City does not have contracts or agreements with solid waste haulers. The residents have the arrangements with them. Councilmember Zerby suggested Staff look at the license agreement. Bob Gagne a Shorewood resident stated when he changed providers he negotiated with the new provider to cover a similar fee. Director Brown noted that Allied Waste is currently a licensed hauler in the City. CITY OF SHO EWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2009 Page 3 of 10 5. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Communications Commission Activities by Representative Patrick Hodapp Mr. Hodapp stated he was present this evening to give Council a report on Lake Minnetonka Communications Commission (LMCC) activities. A summary of his report is as follows. The LMCC received a check for approximately $62,000 from Mediacom for underpayment of franchise fees to the LMCC. Mediacom may attempt to recover approximately $43,000 from Mediacom subscribers through a surcharge. If Mediacom does try to recover the money the LMCC will seek advice fi•om its legal counsel to determine if there is anything the LMCC can do to prevent that. Mr. Hodapp then stated the LMCC has formed a personnel committee to review and revise as appropriate things such as LMCC job descriptions, its performance appraisal process, the salary increase process, and employee benefits. The LMCC has engaged with a consultant to do the review. The hope is to have that done by the end of March 2010. The LMCC is still actively involved in researching fiber to the premise. A presentation will be made about it at the LMCC meeting scheduled for December 15, 2009. He explained the LMCC's current franchise agreement with Mediacom expires in 2013. Mediacom has essentially evolved into a monopoly when it comes to providing broadband data services in the LMCC community. Over the next few months the LMCC Executive Committee is going to review its renewal timeline and research what options it has for bringing in competition for providing those services. Mr. Hodapp explained when he interviewed to continue to serve as a representative on the LMCC in February 2009 Council asked if he was committed to serving out the entire year. He was elected to the position of LMCC Vice -Chair in May 2009, noting the LMCC conducts its elections during May. He noted that he has not made a commitment as to whether or not he will want to serve beyond the May 2010 election. His decision will be made based on who wants to be elected to the Executive Committee and what their interests are. Couneilmernber Turgeon asked Mr. Hodapp if had received any calls from residents about the issues with Mediacom's email system, to which Mr. Hodapp responded he had not. COUncihnember" Woodruff clarified that the LMCC is the franchise authority for cable television only. It has no control over what Mediacom does with internet, email, or telephone service. Councilmember Zerby requested the format for the recorded council meetings be encoded so the meetings can easily be viewed on computers other then just Windows PCs (e.g.; Macintosh computers). There are other formats that are more universal. Councilmember Turgeon asked if there was some way to record the meetings such that people web streaming the meetings can advance through the recording to certain parts of the agenda. Mr. Hodapp stated that has been a topic of frequent discussion. This has been an instance where the LMCC has not pursued it until the cost of the technology to do that came down. The LMCC and the member cities wishing to have that capability could partner in an arrangement where city staffs could do the agenda parsing for recorded meetings. He indicated he will pass this on to the Executive Committee. He stated if Council has a strong interest in this and is willing to commit resources to doing the parsing then he encouraged the City to make such a request in writing. B. Report on Lake Minnetonka Conservation District Activities by Representative Richard Woodruff CITE' OF SHOREWOOD REGLA AR COUNCIL, MEETINC MINUTES ecenrber 14, 2009 Page 4 of 10 Councilmember Woodruff, the City's representative on the Lake Minnetonka Conservation District (LMCD), provided a report on recent LMCD activities. The highlights of the report are as follows. The milfoil treatment of Grays Bay and Phelps Bay was very successful. There was some milfoil in both Bays at the end of the season. There was some damage to water lilies but the long -term effect is minimal. The final Army Corps of Engineers report about the 2009 treatment is due out December 2009. The treatment program will not expand in 2010. The residents on Carman Bay were not willing to contribute to the treatment in 2009 because they did not think the treatment was effective enough in 2008. Approximately 170 truck load of milfoil were harvested in 2009. Flowering rush was found in small patches in 8 — 10 locations. It was treated by the Department of Natural Resources. The Exotics Task Force is working on a prevention plan and the goal is to present it to the LMCD Board by the end of December. The LMCD Board has approved the LMCC's strategic plan, and a project plan is in the process of being developed. There were 24 code enforcement complaints filed with the courts. The properties had been cited for violations three consecutive years. Three of the complaints were for properties located in Shorewood. The Hennepin County Sheriffs Water Patrol has eight full -time officers, thirty-one special deputies and twelve trainees. There were 104 boating while intoxicated arrests in 2009; there were 76 in 2008. There have not been any fatalities so far this year on Lake Minnetonka. He attended three of the five regular LMCD Board meetings and three of the four Exotics Task force meetings. In response to a question from Councilmember Turgeon, Councilmember Woodruff explained the complaints are handled through the LMCD. PUBLIC HEARING None. PARKS Commissioner Demers thanked Council for the appreciation event it sponsored on December 11, 2009 Commissioner Demers reported on matters considered and actions taken at the December 8, 2009, Park Commission meeting (as detailed in the minutes of that meeting). He noted that the Commission is pleased with the job Kristi Anderson, with Community Rec Resources, is doing. He explained the Commission discussed that the gardeners should pay for the fence around the community garden plots. Councilmember Turgeon stated during its November 23` meeting Council tabled the approval of the purchase of one tot lot piece for each of the five parks to this meeting pending the receipt of additional information. Administrator Heck explained Kristi Anderson, the parks coordinator, and staff member Twila Grout are in the process of getting competitive quotes on tot lot pieces including installation costs. The placement of the equipment cannot be determined until the snow leaves the ground in the spring. Commissioner Demers indicated he has been a strong advocate for getting the equipment because each time there is a parks tour some residents asks why there isn't equipment for toddlers. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the December 1, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). He noted there will be a CE'E'B' OF SHOREWOOD E E GUI,AR COUNCIL, MEETING MINUTES December 14, 2009 Page 5 of 10 strong focus on meeting the deadlines identified in the 2010 Planning Commission work plan which is a work in progress. Councilmember Turgeon elaborated on the meeting. Director Nielsen noted that it's the Planning Director that has to adhere to the deadlines, not the Planning Commission. Director Nielsen explained during its December 1, 2009, meeting the Planning Commission requested it have the opportunity to attend Government Training Service (GTS) training preferably with the training being conducted in- house. During its December 7, 2009, work session Council discussed that request. Staff has since contact John Shardlow who had conducted similar training for the City a few years ago to see if he was available in late January or February 2010. Mr. Shardlow asked the City to work through GTS to make the arrangements because he uses GTS' materials. The cost for a four -hour session is estimated to be approximately $800. It's $1,200 — $2,000 for a longer session. If the City were to send six Commissioners to an eight -hour 2009 GTS session the cost would be $125 per person. The last time the City provided in -house training it had the training customized and it invited surrounding cities to participate for only the cost of lunch. The City could possibly recoup some of the training cost by charging a nominal fee ($35 - $50) for outside participants. By conducting the training in -house it's possible to schedule it for a Saturday; GTS sessions are scheduled during the workday. Nielsen then explained the planning training budget for 2010 was cut significantly; therefore, there are not sufficient finds to cover the cost of this requested training. The 2009 budget was under spent primarily because Staff did not attend the national conference this year and maybe those funds could be used to cover the cost. If Council agreed the cost of the training could be paid in 2009 but provided in 2010. If not the 2009 under spent funds from 2009 would go into the General Fund, and the planning training budget for 2010 would be over budget at 2010 year -end should the training be conducted. Mayor Lizee stated it seemed to make sense to use the 2009 funds, and it would be a good idea to extend an invitation to the other cities. She commented that conducting the training in the Southshore Center would allow for a larger number of participants. She stated the League of Minnesota Cities is scheduled to offer its GTS training in January 2010. She recommended the City offer the in -house in February 2010 so newly appointed commissioners for the City and surrounding cities could also attend. She commented that Mr. Shardlow does conduct good training sessions. Councilmernber Turgeon stated the Planning Commission wanted the training to occur in January or February of 2010. The schedule should be based on Mr. Shardlow's availability. She recommended the date be run by the Commissioners before it's finalized to ensure it works for the majority of the Commissioners. She asked if it would be possible to pay the cost in 2009 for a not -to- exceed amount. Director Burton explained the City could pay a deposit. Councihnember Woodruff stated he did not think the City could issue funds without having a service delivered. The City will have fiends to pay for the training in 2010; it can be taken out of the General Fund. He did not think it would be wise to issue a check in 2009 only to potentially have to try to get a credit back in 2010. Woodruff moved, Turgeon seconded, directing Staff to schedule in -house Government Service Training by the end of February 2010 and to extend an offer to attend the training to surrounding cities at a cost deemed appropriate by Staff. Councilmember Woodruff stated he wanted to ensure Councihnembers are extended the offer to attending the training session. Motion passed 510. 9. ENGINEERING/PUBLIC WORDS None. 10. GENERAL/NEW BUSINESS A. Establishing 2010 Salary and Benefits Contribution Administrator Heck reviewed his recommendations regarding 2010 salary and benefit adjustments. He noted Council considers this each year. The recommendations are as follows. 1. Hold all wages and salaries at the current 2009 level and provide no increases to non- union staff. 2. Provide each employee $825 per month toward benefits. 3. Allow employees who choose the health savings account plan to use any premium savings toward the deductible up to $2,500. 4. Adopt the changes to the Personnel Policy Manual as it relates to compensation so that it is consistent with the performance based compensation plan. 5. Adopt the recommended salary schedule for 2010. Turgeon moved, Lizee seconded, adopting the five recommendations listed above regarding 2010 salary and benefit adjustments. Councilmember Woodruff stated he agreed with items 1, 2, 3 and 5 above. He thought the changes to the Personnel Policy Manual warranted discussion during a Council work session after the first of year, noting it will not affect anything in 2010 because there will be no 11011- union salary increases. Councilmember Bailey stated he thought the proposed changes are good, but because it would be a significant change lie also supported having additional discussion about the changes. Without objection from the seconder, the maker of the motion amended the motion to adopt recommendations 1, 2, 3 and 5 listed above regarding 2010 salary and benefit adjustments. Administrator Heck stated the policy changes will be placed on the agenda for the Council work session scheduled for January 25, 2009. Motion passed 5/0. CITY OF SHOREWOOD SHORE REGULAR COUNCIL MEETING MlNurES December 14, 2009 Page 7 of 10 B. 2010 Goals and Objectives Administrator Heck stated during its December 7, 2009, work session Council again discussed the goals and objectives for 2010. Per Council's direction during that meeting Staff has revised the key objectives for 2010 for the category of citizen communications and involvement. Some other less significant changes were also made as suggested by Council and the Park and Planning Commissions. He noted the revision to the City's water policy has again inadvertently been off the list of objectives. That will be completed during the first two months of 2010. Councilmember Zerby stated Council has spent a considerable amount of time discussing the goals and objectives. He viewed the document as a fluid document because it's likely that there will be changes to objectives and priorities throughout the year. Therefore he is willing to adopt the document as presented. Zerby moved, Turgeon seconded, adopting the 2010 goals and objectives document as presented, Councihnember Bailey stated he would be remiss if he didn't convey the Park Commission's dissatisfaction with how the objectives for the category of parks, recreation and environment were arrived at and prioritized. Because the objectives are listed with a sequential numbering prioritization system it's easy for people to assume that is the order in which they will be worked on. For example, the # 3 objective is evaluating the deer harvesting program and it appears to have a higher priority then objectives 4 — 10 even though different organizational areas would be responsible for completing the objectives. The Commission did not understand why object # 1 implement the 2010 Capital Improvement Program for parks and recreation was not even on the list presented to it [it has since been added] yet the Commission had been directed to do that. Councihnember Bailey then stated the objectives identified as key for 2010 should be completed. If Staff does not think there are adequate resources to complete them then Staff should tell Council that sooner versus later. If an objective is not a "make or break" objective then it should be moved down to objectives targeted for 2010 and key for 2011. He related that the Park Commission questioned why some objectives that are not make or break objectives are on the 2010 key list and items, yet objectives it thought important are not on the list. Also, the Commission had indicated it thought it had prioritized objectives. Administrator Heck stated this is the first year Council has tried to establish objectives prior to the start of the upcoming calendar year. The majority of the effort put forth to do this was done by Staff and Council. He viewed the document as a fluid document. The process will be refined for 2010 and beyond. Resource availability will have to be factored into the prioritization of objectives. Councihnember Turgeon recommended that in the future the Commissions have the opportunity to weigh in on the objectives and their priorities earlier in the process. Staff should also have to opportunity to assess if there are adequate resources to accomplish the objectives. Councilmember Zerby stated when Council started this process the intent was for Council to identify and prioritize the goals and objectives for 2010. Council did that and incorporated Staff's input. Council has to decide if the process next year should be a top -down approach, a bottom -up approach or a combination of both. Councilmember Bailey stated the document in the meeting packet has already been amended to reflect some of the Park Commission's feedback. CITY OF S14OREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2009 Page 8 of 10 Councilmember Woodruff states( he thought the next step in this process is for Staff to prepare a timeline for completing the objectives based on high level resource estimates. Council will then have the opportunity to evaluate the schedule and determine what the priorities should be. Councilmember Turgeon commented that when the Planning Commission prioritized the planning tasks it made different tasks the same priority. Councilmember Woodruff suggested Staff prepare the schedule for Council discussion during its January 25` work session. Motion passed 510. This item was removed from the consent agenda at Councilmember Woodruff s request. 1. Site l: 26352 Smithtown Road Councilmember Woodruff explained he did not have issue with the conditional use permits. He asked this be removed from the consent agenda because the current pricing approach warrants further discussion. Firms that have had approved CUPS for telecommunications equipment for a while pay more then newer firms. He suggested Council discuss this during a future work session. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 09 -068 "A Resolution Granting a Conditional Use Permit to Clear Wireless at 26352 Smithtown Road ", RESOLUTION NO. 09 -069 "A Resolution Granting a Conditional Use Permit to Clear Wireless at 5500 Old Market Road" and RESOLUTION NO. 09 -070 "A Resolution Granting a Conditional Use Permit to Clear Wireless at 24285 Smithtown Road ". Motion passed 510. 2. Site 2: 5500 Old Market Road This was discussed as part of Item 1 O.C.1. 3. Site 3: 24285 Smithtown Road This was discussed as part of Item 10.C.1. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated Staff met with the contractor, builder's representative and architect for the City Hall renovation project earlier in the day. They did their final walkthrough of the punch list for the project. There is one major item which is the buckling of the siding and a few minor items. The goal is to close the project out during Council's first regular meeting in 2010. Heck then stated Staff has scheduled a meeting with residents in the Manor Park neighborhood for January 9, 2010, at Manor Park. He will confirm the start time of the meeting. Councilmember Zerby asked how the residents will be notified of the meeting. Heck stated that has not been decided. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 14, 2009 Page 9 of 10 Engineer Landini stated lie has met with the O'Neills and the Svobodas and both parties are willing to discuss granting easements to the City. He explained he had met with TKDA earlier in the day and TKDA is going to draw up the easement sketches for hi n to show to these property owners. Councilmember Turgeon thanked the property owners for their willingness to discuss this. Other Staff Reports Director Burton stated she had placed a copy of the November 2009 financial report in the Councilinembers bins. She summarized the report. Both revenues and expenditures through November are less then budgeted. The City received $2.2 million in tax revenue in early December. It's estimated that the City will realize 93 percent of budgeted revenues by year end. The expenditures before transfers are at approximately 90 percent of budget compared to 91.67 percent of the year being completed. With regard to enterprise funds revenues are approximately 75 percent of budget noting there have been three utility billings this year. Based on a comment from Councilmember Bailey, Director Burton explained it appears some of the report was not correctly assembled. She will correct that and distribute to Council new copies of the report. B. Mayor and City Council Councilmember Woodruff requested Staff conduct a post mortem on the Harding Lane project after the first of the year. In response to a comment from Councilmember Turgeon, Director Brown explained the luminaire for Glen Road light pole has not arrived yet. It is still being manufactured. In response to another question, Brown stated the City did order two fixtures so it would have a spare. Brown noted there is a long lead time for that type of fixture. Councilmember Turgeon commented she thought there should be consistency in regular Council meeting start times. Mayor Lizee stated during her coffee with the mayor session on December 12` some residents conveyed to her that they were interested in applying for the upcoming openings on the Park and Planning Commissions. She then stated there is a special meeting of the South Lake Minnetonka Police Department Coordinating Committee scheduled for 8:00 A.M. on December 16, 2009. CITY OF SHOREWOOD REGULAR COUNCIL MEE'rING MINUTES December 14, 2009 Page 10 of 19 12. ADJOURN Turgeon moved, Woodruff seconded, adjourning the City Council Regular Fleeting of December 14, 2009, 2009, at 7:35 P.M. Motion passed 5/0, Christine Lizee, May ®r