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01-11-10 CC Reg MinCITE' OF SHOREWOOD CITE' COUNCIL REGULAR MEETING MONDAY, JANUARY 11, 2010 5755 COUNTRY CLUB ROAD COUNCIL CHAMBER 7:00 P.M. Mayor Lizee called the meeting to order at 7:04 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers 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, Zerby seconded, approving the agenda presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, December 7, 2009 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of December 7, 2009, as presented. Motion passed 5/0. B. City Council Special Meeting Minutes, December 7, 2009 Woodruff moved, Bailey seconded, Approving the City Council Special Meeting Minutes of December 7, 2009, as amended Item 4.11, Page 3, Paragraph 8, Sentence 2, change "in order to keep it the materials out of the landfill" to "in order to keep the materials out of the landfill ". Motion passed 510. C. City Council Executive Session Minutes, December 7, 2008 Bailey moved, Zerby seconded, Approving the City Council Executive Session Minutes of December 7, 2009, as presented. Motion passed 510. D. City Council Regular Meeting Minutes, December 14, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of December 14, 2009, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Liz& reviewed the items on the Consent Agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING Mt1NtJ rES January 11, 2010 Page 2 of 10 Bailey moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. Motion passed 510. There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. Discussion moved to Item 7 on the agenda. 6. REPORTS AND PRESENTATIONS A. Hennepin County Attorney Mike Freeman Report on Initiatives Mayor Lizee introduced Hennepin County Attorney Mike Freeman who was present to give a report on initiatives being undertaken by the Hennepin County Attorney's Office. Hennepin County Attorney Freeman stated the City of Minneapolis had 19 homicides in 2009 compared to 96 in 1996. Unfortunately, as of this meeting there have already been 5 in 2010. He apologized for being late to this meeting and explained he was delayed because of dealings regarding the recent triple homicide in Minneapolis. Hennepin County Attorney Freeman commented he has already made a report to 21 other cities' councils in the County and after this evening he has one more to make. He thought it appropriate for him to go out into the community just as he expects his staff to do. He stated he wanted to talk about three items this evening: 1) community prosecution and mortgage fraud; 2) what his office is hying to do to reduce truancy; and, 3) crime trends. With regard to community prosecution and mortgage fraud, Hennepin County Attorney Freeman stated his office has individual attorneys assigned to each community and school district. Those attorneys should, at a minimum, work as a liaison with the councils, police departments and others. Attorney Mike Lynch is this prosecutor assigned to this community. He stated the South Lake Minnetonka Police Department (SLMPD) does an extraordinary job and he specifically referred to the recent sexual abuse case. He thanked the SLMPD for its assistance. He explained mortgage fraud did not exist during his past tenure as County Attorney from 1991 — 1999, but it's a huge effort during his current tenure. His office has issued 32 different mortgage fraud complaints; 25 of them have been successfully processed SHORE WO D CITY COUNCIL CIL "GULA i tJETtNG MINUTES ` January 11, 2010 Page 3 of 10 and the other 7 are pending. A jury recently found an individual guilty of 12 counts and that individual has been sentenced to 16.5 years in prison. The federal government has recently granted his office funding for an additional 2 prosecutors for this area. He explained that two years ago he asked the County Board to authorize an additional prosecutor for a period of two years to help address the issue of mortgage fraud. The finding for that prosecutor runs out in February. The grant from the federal government will fund that position. With regard to truancy, Hennepin County Attorney Freeman explained that 98 percent of the children who have committed a felony were truant first. Most of them who had committed a felony when they were 14 — 16 years in age, were truant when they were 6 — 8 years old. There were various family issues that did not make school a priority. He thought all children deserve a right to go to school. He explained his office started a truancy prevention pilot project with five elementary schools in Minneapolis in 2007/2008, and 43 percent of the children involved in the program had no unexcused absences within the first 90 days of becoming involved, while the children in the comparison schools increased their number of absences. He thought this type of early involvement with children can have a positive impact on them; it can help keep them out of the criminal justice system which is more costly. With regard to crime trends, Hennepin County Attorney Freeman explained violent crime in the South Lake area is below the level in suburban western Hennepin County year after year. Juvenile crime was the same in the South Lake area in 2008 and 2009; there were 24 incidences each year. He encouraged Council to continue to invest in the SLMPD. When cities are unable to continue to invest in prevention programs problems arise. He thanked the community for making the investment in public safety. Mayor Lizee stated community partnerships are important. The truancy prevention program requires Hennepin County, the school district, parents, early childhood education and others to work together. She then stated the community has a fabulous police force and she noted that SLMPD Lieutenant Pierson and Lead Detective Neururer were in the audience at this time. She cited a recent high profile case that the Hennepin County Attorney's Office and the SLMPD worked in close partnership on. She asked Hennepin County Attorney Freeman to comment on that partnership. Hennepin County Attorney Freeman stated the SLMPD staff could not have been better to work with. The case was very difficult and SLMPD staff worked very closely with his office; it was truly a partnership. He was honored to have members of the SLMPD present when his office announced the complaint. He reiterated SLMPD Chief Litsey and his crew did a great job. Couneilmember Woodruff stated relatively recently the City received a letter from the Hennepin County District Court (HCDC) Administrator indicating there is a significant likelihood that the HCDC will not be able to process minor issues in a timely manner or maybe not at all. It was suggested that local municipalities would have to pick up the slack. He asked Hennepin County Attorney Freeman to comment on this. He asked if the City should be aggressively pursuing this. Hennepin County Attorney Freeman stated the Hennepin County Attorney's Office prosecutes all of the adult felonies and juvenile crimes. This amounts to approximately 4,000 adult felonies and 7,500 juvenile crimes a year. City attorneys handle adult misdemeanors and gross misdemeanors, and ordinance violations. The HCDC is facing significant budget shortages, so the State's criminal justice system is being forced to look at efficiencies. For example, maybe some offences can more appropriately be handled as citations rather then being handled through the court system. He indicated he thought the HCDC Judicial District Administrator had identified some good ideas, but some of the information wasn't worthwhile. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTE .January 11, 2010 Rage 4 of 10 Mayor Lizee thanked Hennepin County Attorney Freeman for being present this evening. Discussion moved to Item 10.A on the agenda. Director Brown stated there had not been a Park Commission meeting since the last Council meeting, noting the next meeting is scheduled for January 12, 2010. 2. Planning Director Nielsen reported on matters considered and actions taken at the January 5, 2010, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Lizee stated she has heard from some of the mayors of local communities and they have expressed interest in sending members of their city's staffs to the Land Use Planning Workshop scheduled for January 30, 2010. 9. ENGINEERING /PUBLIC WORKS A. Manor Pond Dredging Engineer Landini explained during its October 26, 2009, meeting Council had directed Staff to determine what the estimated cost would be to dredge Manor Pond. In order to do that Staff had the Pond measured and soil samples were analyzed. The existing depth of the Pond is approximately three feet, noting a depth of over five feet is recommended to manage the water lily plant population. The soil analysis indicates the top one and one -half feet of sediment is contaminated with carcinogenic polycyclic aromatic hydrocarbons (PAHs). The contaminated sediment would have to be disposed of in an approved landfill. The cost estimates for two dredging options that would control the lily plant population are very expensive depending on the amount of material excavated and disposed of. Staff recommends Council direct Staff to modify or replace the outlet structure to manipulate the water elevation to control the water lily plant population, noting this would be done on a trial basis. The cost for the equipment, called a snout, is approximately $500 and its installation would be done by Staff. Councilmember Zerby asked Engineer Landini to further explain the Staff recommended option. Engineer Landini explained if Council is interested in trying to control the water lily plant population the recommended option is one way to try and do that. The device that would be used is called a snout and its intended use is to separate oil out of storm water. His suggestion is to install the device upside down to try and raise the water level with the least amount of effort and cost. He noted that although the snout is not designed for this proposed use it should work for at least a trial period to give the City time to determine if that is the approach it would like to use for controlling the water lily plant population. Director Brown stated the carcinogenic PAH is present in the upper three feet of the Pond's bottom and is contained within the soil structure in the pond. Residents have been asking if the contaminate is migrating into private wells. Because the clay is fairly impervious it appears it's trapped in the upper three feet. A decision has to be made as to whether the contaminants should be left untouched because they are encapsulated or be removed. He complimented Engineer Landini for considering all the available alternatives. He explained a new outlet was installed when watermain was installed under Manor Road. The Pond has a tight tolerance in meeting the 100 -year heavy rainfall requirement without S D E WOOD CITY COUNCIL REGULAR MEETING MINUTES January 11, 2010 Page 5 of 10 In response to a comment from Councilmember Turgeon, Engineer Landini explained there are many sources of the PAHs. It has mainly been linked to the seal coat products used on private driveways. The Minnesota Pollution Control Agency (MPCA) has a draft ordinance on its website which would ban the use of the coal -based driveway sealer. The MPCA has $500,000 in grant money available for 2010, but to qualify a city must adopt the ordinance. Based on his estimated costs to dredge Manor Pond the available grant funds won't stretch very far. This contaminant issue is being discussed with frequency at the state and city levels, but there is little information available on the issue yet. If stormwater management pond sediment contaminated with PAHs has to be removed it will create a significant financial burden on the City. In response to a comment from Councihnember Turgeon, Director Brown explained it will be fairly simple to install the snout (i.e., the new outlet). The Pond will have to be monitored during heavy rainfalls. In response to question from Turgeon, Brown explained the amount of storage capability that will be lost will depend on what height the snout is installed at. Brown stated the snout can be adjusted to raise or lower the water level. There is a large 48 -inch outlet structure at Manor Pond and ultimately any overflow would go into there before damaging any residential houses or roadways. Councilmember Bailey asked if there is a high probability that there would not be any damage to the homes in the area if the amount of storage capacity is reduced, to which Director Brown responded that is correct. Mayor Lizee expressed her appreciation for the creative problem solving done by Engineer Landini. She stated she supports Staff's recommendation of installing a snout because it's affordable, it can be done by Staff and it can be done quickly. Councilmember Woodruff explained the estimated minimum cost to dredge and dispose of the contaminated sediment only is $170,000. Woodruff moved, Zerby seconded, directing Staff to purchase a snout device for a cost of approximately $500 and to have Staff install the device. Councilmember Bailey expressed concern about potential unintended consequences of reducing Manor Pond's storage capacity. He asked Staff if his concern is justified. Staff indicated there should not be any unintended consequences. Councilmember Turgeon asked if a timeline has been addressed for the trial basis. Director Brown explained the intent is to achieve a water depth high enough to kill off vegetation in Manor Pond, noting the vegetation grows in a water depth of three feet or less. The success of this approach is dependent on being able to maintain a sufficient depth of water in the pond and that will be depend on the amount of rainfall during the year. If there is a drought the vegetation will grow. Motion passed 510. SH REW € D CITY COUNCIL REGULAR MEETING MINUTES January 11, 2010 Page to of 10 Administrator Heck reiterated Director Brown's and Engineer Landini's comment that the issue of maintenance of stormwater ponds is something that will have to be addressed at some point. Discussion returned to Item 6.A on the agenda. i _ A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2010 This item was discussed after Item 6.A on the agenda. Administrator Heck stated each year the Council adopts a resolution making appointments to certain offices and positions within the City. Council has been provided a copy of the resolution identifying the Year 2010 appointments. He reviewed the list of positions. He suggested Council review the list and make the necessary appointments. Mayor Lizee suggested the liaisons to the Park and Planning Commission be reversed from those in 2009. Councilmembers Bailey and Woodruff were the liaisons to the Park Commission in 2009 and she recommended Councilmembers Turgeon and Zerby serve in that capacity for 2010. Councilmember Zerby supported that and stated that was how it used to work when he served on the Council in a previous term; it provided Councilmembers the opportunity to serve with both Commissions. Turgeon stated she wanted to continue to serve as the liaison on the Planning Commission for the first six months of the year. She wanted the opportunity to see some of the items on the 2010 Planning Work Program come to fruition. Liz6e indicated she thought serving on both Commissions provided Councilmembers with equal opportunities. Councilmember Woodruff stated the Planning Commission meets twice a month and the Park Commission meets once a month both on Tuesday evenings. The Planning Commission meetings periodically conflict with the Lake Minnetonka Communications Commission (LMCC) meetings which is one of the reasons he preferred to be the liaison to the Park Commission in 2009. He clarified lie would be interested in being the liaison to the Planning Commission and would not have any objection to doing that as long as it is understood there may be times where lie cannot attend the Planning Commission meetings. Councihiiember Zerby stated he would be happy to serve as the alternate representative to the LMCC meetings should there be a conflict with the Planning Commission meetings. Woodruff stated lie is currently driving a project for the LMCC and there is no easy way for someone to guide the project as an alternate. Zerby stated that Councilmember Turgeon could possibly serve as Woodruff s alternate for Planning. Woodruff stated if Council is okay with his having to periodically miss a meeting lie would be fine with serving as the liaison to the Planning Commission. He thought it would make sense for Turgeon to continue to serve as the liaison to the Planning Commission for January — June 2010 for continuity reasons. Councilmember Bailey stated he is happy to serve on the Excelsior Fire District (EFD) Governing Board and he conveyed that EFD Chief Gerber would like to have some continuity on that Board by having people serve in that capacity for two years. He also serves as the EFD Board's representative on the Excelsior Firefighters Relief Association Board which meets monthly. Because the Planning Commission meets twice a month he would prefer to serve as a liaison to the Park Commission because it only meets monthly. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 11, 2010 Page 7 of 10 Mayor Lizee recapped the liaison assignments. Councilmembers Bailey and Zerby will be the liaisons to the Park Commission with Zerby doing that the first half of 2010. Councilmembers Turgeon and Woodruff will be the liaisons to the Planning Commission with Turgeon doing that the first half of 2010. She noted that Councilnnembers can attend the Commission meetings anytime they would like. Councilmember Zerby stated he would like to serve as the liaison to the Minnehaha Creek Watershed District [Councilmember Turgeon served in that capacity in 2009]. Councilmember Woodruff suggested Zerby also serve as the liaison to the Riley Purgatory Bluff Creek Watershed District. Councilmember Woodruff stated he would like to remain as the representative to the LMCC at least until the LMCC discussion about broadband is concluded. If the LMCC decides to move forward with the project he would like to serve as the representative until the project gets started, noting he is the Chairperson of the LMCC's ad -hoc committee to study broadband. Once it's been started the representative could be changed to someone else. Councilmember Woodruff volunteered to be the representative to the Metro Cities. He noted that he attended the annual meeting in 2009. He also participated on the Revenue and Taxation Policy Setting Committee. As it has been in the past, the City Administrator will serve as the alternate. Councilmember Zerby asked if it was a voting position, and he also questioned if it was necessary to appoint someone to serve as the representative. Woodruff said anyone can attend Metro Cities meetings, and the person in attendance can vote. The past few years the City Administrator has been the voting representative for the City on Metro Cities policy changes at the annual meeting. Heck clarified that the Council representative only votes to support legislative policy changes discussed at the committee level. Zerby clarified it's really not a representative position. Woodruff stated he does like to attend the Revenue and Taxation Policy Setting Committee discussions. Zerby moved, Woodruff seconded, Adopting RESOLUTION NO. 10 -002 "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2010: Acting Mayor will continue to be Laura Turgeon; Park Commission Liaison for January — June 2010 will be Scott Zerby; Park Commission Liaison for July — December 2010 will be Jeffery Bailey; Planning Commission Liaison for January — June 2010 will be Laura Turgeon; Planning Commission Liaison for July — December 2009 will be Richard Woodruff, Minnehaha Creek Watershed District Liaison will be Scott Zerby; Riley Purgatory Bluff Creek Watershed District Liaison will be Scott Zerby; Lake Minnetonka Communications Commission will continue to be Richard Woodruff, Metro Cities (Association of Metro Municipalities) will continue to 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 continue to be Jeffery Bailey, with Scott Zerby continuing as alternate; City Attorney will continue to be Mary D. Tietjen, Kennedy and Graven; City Prosecutor will be continue to be Ken Potts; 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 and notices may also be published in the Laker; Weed Inspector will continue to be Christine Lizee, with Joe Lugowski continuing as assistant; and that the Blanket Bond is approved." Councilmember Woodruff commented that he will begin serving his second year of a three -year term as the representative to the Lake Minnetonka Conservation District. Motion passed 5/0. SHO EW OD CITY COUNCIL, REGULAR MEE'rING MINUTES January 11, 2010 Page 8 of 10 B. Southshore Center Donor Policy Administrator Heck stated the meeting packet for this meeting contained a copy of draft Donation Policy for the Southshore Community Center (the Center) for Council's consideration. The Center's Operating Committee met in the later part of December 2009 and during that meeting it chose to recommend Council adopt the policy. In summary the Policy states the City can choose whether or not to accept donations and gifts for the Center. Woodruff moved, Zerby seconded, approving the Donation Policy for the Southshore Community Center as recommended by the Operating Committee. Motion passed 510. Administrator Heck stated the meeting packet for this meeting contains a copy of an ordinance to update the City's license, permit, services charges and miscellaneous fees. The water connection fee reflects the current fees and the reference to the City Code. This fee may be updated after upcoming discussions about the connection charge. An administrative enforcement fee has been added and the Animal Boarding fee has been reduced to reflect what is charged by the South Lake Minnetonka Police Department (SLMPD). The Water Service and Residential Recycling fees Council adopted by resolution in 2009 are reflected in this ordinance. The fee for zoning text amendments has been revised to include requiring an escrow of $1,000 to cover costs above the $600 fee. The applicant would be refunded anything not spent or charged an additional escrow amount it the costs exceed $1,600. Councilmember Zerby questioned the decrease in the boarding fee to $25 from $27. Heck stated the City previously contracted with a different firm to kennel animals and charged a $27 daily fee for a minimum of two days. The SLMPD's fee is less and a two day minimum is not required. Councilmember Woodruff stated Council had been provided with an updated page to the ordinance this evening. Woodruff moved, Bailey seconded, Approving ORDINANCE NO. 453 "An Ordinance Titled "License, Permit, Service Charges and Miscellaneous Fees." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Director Brown stated he is waiting for feedback from the manufacturer of the huninaire for the Glen Road light pole regarding when it will be shipped. He reported on the Manor Park neighborhood meeting held on January 9, 2010. Eight — ten residents attended the meeting. The residents expressed interest in having a perimeter trail which was included in the Master Park Plan updated by TKDA. They were also interested in the expansion of the tennis courts. They indicated the sand volleyball courts are used a lot, noting it's contrary to what Staff thinks. The residents expressed they were not interested in expanding the warming house. They expressed concern that if restrooms were added that might attract nuisance issues. They also expressed concern about adding security lighting which could impact their ability to see the stars. In response to a comment from Councilmember Turgeon, Engineer Landini explained many of the Minnehaha Creek Watershed District (MCWD) rules are up for discussion. Two of the rules were updated this past fall. The MCWD wants to add its erosion control rule as a trigger to its Wetland Conservation Act for buffers. If that's done a 5,000 square foot disturbance would potentially require a Councihnember Bailey asked Administrator Heck to provide a preview of the upcoming Council work sessions. Heck stated Council will interview applicants for the Lake Minnetonka Communications Committee residential representative on January 19 "'. There will be a work session scheduled prior to Council's January 25 meeting to discuss the water ordinance. A second work session to discuss the ordinance will be scheduled prior to the first regular meeting in February. There may be a brief session possibly with a consultant in February to begin discussing options for the long -term financing of roadway improvements. The resources needed to address 2010 goals and objectives need to be discussed sooner versus later, but sometime in February. There will likely be two work sessions in February. The compensation policy also needs to be discussed. Councilmember Woodruff asked when the interviews for Park and Planning Commission openings will be scheduled. The letters of interest are due by January 15 "' so he will have more information after that date. Mayor Lizee stated the Arctic Fever event is scheduled for January 16, 2010. She noted the City is partnering with the Cities of Excelsior and Tonka Bay on the event. There is information about the event on the City's website. Mayor Lizee recessed the meeting to an Executive Session at 8:19 P.M. 12. RECESS TO EXECUTIVE SESSION Mayor Lizee convened the Executive Session at 8:22 P.M. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Administrator Heck; and Attorney Tietjen were present for the entire executive session. A. Union Negotiation Council discussed 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). B. City Administrator Performance Review Council discussed the City Administrator's performance review. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 11, 2010 Page 10 of 10 The City Conned Executive Session of January 11 2010, was adjourned at 9:16 P.M. 13, RECONVENE TO REGULAR CITY COUNCIL MEETING Mayor Liz6e reconvened the regular meeting at 9 :16 P.M. Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of January U., t'010, 9:16 P.M. o io passed 5/0. Christine Freeman, Recorder A Tmrc Christine Liz6e, Mayor