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09-13-10 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 13, 2010 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor LizBe called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Bailey, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Turgeon B. Review Agenda Mayor Liz& introduced Finance Director Bruce DeJong. Zerby moved, Bailey seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August 23, 2010 Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of August 23, 2010, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, August 23, 2010 Woodruff moved Approving the City Council Regular Meeting Minutes of August 23, 2010, as presented. Councilmember Bailey stated the meeting minutes were lacking Councilmember Zerby's compassionate denunciation of the 3/2 undemocratic majority vetoing the South Lake Minnetonka Police Department (SLMPD) 2011 Operating Budget. He wanted to make sure Zerby did not want those comments in the minutes. Zerby clarified his comments were about the SLMPD, joint powers agreement. Bailey stated the comments were conspicuously lacking and he thought the recording secretary could reconstruct the comments. The maker of the motion withdrew the motion. These minutes were continued to the September 27, 2010, Council meeting. C. City Council Special Meeting Minutes, September 1, 2010 Woodruff moved, Zerby seconded, Approving the City Council Special Meeting Minutes of September 1, 2010, as presented. Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 2 of 8 3. CONSENT AGENDA Mayor Liz6e reviewed the items on the Consent Agenda. Woodruff moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 10 -041 Abatement Incentive Fund Agreement Shorewood Park Recycling Project." "A Resolution to Approve the Waste with Hennepin County for the City of C. Easement Encroachment Agreement D. Bill Erickson Addition — Request for Extension E. Waterford Shopping Center — Appeal for Extended Deadline to Comply with Zoning Violation Councilmember Woodruff stated lie has asked Staff to correct a typographical error in Item 3.C. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Lake Minnetonka Communications Commission (LMCC) 2011 Budget Presentation by Sally Koenecke, LMCC Executive Director Mayor Lizee stated Sally Koenecke, the Lake Minnetonka Communications Commission (LMCC) Executive Director, was present this evening to discuss the 2011 LMCC budget. Ms. Koenecke explained the budget is divided into three categories: Franchise Administration, Studio, and Capital. The 2011 LMCC budget contains three new items that are one -time expenditures. The first is communications education and assessment that is for a resident survey to determine level of interest in a municipal fiber to the premise network ($30,000). The second is for the redesign of the LMCC website ($10,000). The third is for the cost for the third and final year of the franchise audit, which was done in 2010 but will be paid for in 2011 ($7,000). To fund the three items $49,000 will be taken out of the fund balance. As in the past, the budget includes a 10 percent contingency line item. The Capital budget was kept to a minimal amount in order to not draw down the fund balance too much. Some of the funding for lighting will come out of the 2012 budget. The 2011 year -end projected fund balance is approximately $288,000, which is slightly less than in the past. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 3 of S Councilmember Zerby expressed his support for redesigning the LMCC website. Mayor Lizee stated the one -time expenditures total $47,000 yet the transfer amount is $49,000. She questioned why. She asked if residents in the LMCC community have been requesting a fiber to the premise network. Ms. Koenecke explained that complainants often ask if there is a way to bring in a competitor to Mediacom. She noted that to date the LMCC has not been able to entice a competitor to enter the market and part of the reason is the LMCC community doesn't have the density. She clarified the LMCC does not have an exclusive agreement with Mediacom. She explained any company can come into the community to compete with Mediacom. Because the cost of the infrastructure a company would have to install it would not allow a company to be competitive. Residents want the LMCC to provide an alternative. Mayor Lizde stated based on what Ms. Koenecke had explained she understands residents to be asking for alternatives in technology. She then asked if there is a fiber optics company who wants to install a fiber network at its expense as a business venture for itself. Councilmember Woodruff stated companies have elected not to provide services in the LMCC community. There is no exclusive agreement with Mediacom including services for cable television. The LMCC is considering undertaking a project to provide a fiber network itself. The next step in that effort is the survey. He explained there are a substantial number of residents who can't get service today. Councilmember Zerby stated there are alternatives for getting internet services. He referenced 4G wireless and satellite television as examples. Ms. Koenecke stated the LMCC hosted a wireless seminar a few years back. The LMCC stopped looking at a wireless network because it would not be effective due to the number of trees in the area and a lack of tall buildings. Councilmember Woodruff stated lie thought Council is being asked to approve the LMCC 2011 budget this evening. Ms. Koenecke stated the majority of the LMCC member cities need to approve the budget. Woodruff moved, Bailey seconded, approving the Lake Minnetonka Communications Commission 2011 Budget as presented. Motion passed 4/0. B. Lake Minnetonka Conservation District Representative Dick Woodruff 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 LMCD adopted its 2011 budget with a zero percent increase over 2010, while maintaining 2010 activity levels for key programs. The LMCD conducted Eurasian Watermilfoil (Milfoil) harvesting in Lake Minnetonka during June — August 2010. The LMCD Board did an on -water tour of the Carlson property on Halstead's Bay during which there was discussion with the developer of that property about the request for 142 docks. The developer doesn't anticipate doing any real development for two years. Meetings were held with LMCD member city council members to discuss and receive input on LMCD operations. The LMCD's 2009 report to member cities was released in August 2010. A study about re- branding the LMCD was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 4 of 8 completed, a new LMCD Logo was adopted and a usage guide for the LMCD and Save -The -Lake was completed. Zebra mussels were found in multiple locations in lower Lake Minnetonka and one location in the upper part of the Lake. The Department of Natural Resources (DNR) has declared the Lake infested. The LMCD is working with several other agencies the effort to contain zebra mussels. A number of meetings have been held about the infestation with a number of agencies participating in the meetings. The LMCD and the Minnehaha Creek Watershed District (MCWD) collaborated on drafting a resolution that calls for the State Legislator to change the way fine revenue from citations for aquatic invasive species violations is distributed. The resolution states the fine revenue should be given to the locality that issues the citation. The intent is to encourage law enforcement agencies to enforce the Laws. The LMCD has adopted the resolution and a copy of the draft resolution will be sent to LMCD member cities to adopt. Woodruff noted he attended 100 percent of the LMCD Board meetings, one special LMCD Board meeting, a meeting with council members to provide input on LMCD operations, two public information meetings about zebra mussels, and he co- chaired three LMCD Invasive Species Task Force meetings. Mayor Liz6c clarified the fine revenue would go to the law enforcement agency. Councilmember Zerby stated there is a lot of communication about zebra mussels now that Lake Minnetonka is infested. He asked if there is going to be any assessment of what should have been done to prevent the mussels from entering the Lake. Councilmember Woodruff stated Lake Minnetonka property owners and users are probably fortunate that the Lake has not been infested with mussels before now. From his vantage point, there is a lot of work that had been done over the last 8 — 10 years to keep that from happening. Someone transported them into the Lake. The effort now is to keep from transporting the mussels out of the Lake to another lake not yet infested. Councilmember Zerby stated the efforts made by the LMCD in keeping the mussels out of the Lake were unsuccessful. He asked what will it do differently to keep them from being transported out of the Lake. Councilmember Woodruff stated it is now illegal to transport a boat on public roadways with the drain plug installed. Zerby asked what the LMCD is specifically doing. Woodruff stated the LMCD and the DNR have retrained their inspections group, new literature is being distributed, new signage has been put up at public boat launches, and training has been provided for lake services providers. Zerby asked if that was part of the LMCD budget. Woodruff stated the DNR and LMCD both put money into paying for those efforts. Zerby asked if the LMCD was increasing its budget to support this effort. Woodruff indicated not in 2010. Woodruff clarified the DNR is leading the charge on the zebra mussel issue and a number of other agencies are involved. Mayor LizBe asked who is responsible for enforcing the law to remove the drain plug before transporting a boat. She stated she lives near Howard's Point and people had been pulling out their boats the past weekend. She wondered who was enforcing the drain plug law. She has heard residents express concern, a concern she herself has, about making sure the mussels are not transported out of the Lake. Councilmember Woodruff stated the enforcement is the responsibility of DNR conservation officers and local law enforcement agencies. Unfortunately, there are not enough conservation officers to enforce the law across the state. He stated the South Lake Minnetonka Police Department (SLMPD) should enforce CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 5 of 8 the law at Howard's Point Marina and he suggested Mayor Lizee carry that message forward to the SLMPD Coordinating Committee. Lizee enforcement of it is a matter of not having enough SLMPD officers to make that a priority item. Mayor Lizee stated it's her understanding the MCWD was going to coordinate a dive in Lake Minnetonka to check for zebra mussels today. Councilmember Woodruff stated he was not aware of the day -to -day plans. 7. PARKS No report was given as there was no Park Commission meeting. The next meeting is schedule for September 14, 2010. 8. PLANNING No report was given as there was no Planning Commission. The next meeting is schedule for September 14, 2010. 9. ENGINEERING/PUBLIC WORKS A. Accept Project and Final Payment for Harding Lane, Harding Avenue, Smithtown Lake, City Projects 09 -02 and 09 -03 Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 10 -042 "A Resolution Accepting the 2009 Smithtown Lane, Harding Avenue, and Harding Lane Road Reconstruction and Utility Improvements and Authorizing Final Payment City Project No. 09 -02, 09 -03." Motion passed 4/0. B. Accept Change Order 1 and Accept Final Payment for 2010 Sealcoating of Streets, City Project 10 -07 Councilmember Woodruff stated Staff is asking to increase the amount authorized for the 2010 sealcoating of streets because more bituminous oil had to be applied than was anticipated even though the amount of surface was less. fie asked if this change will affect the 2011 CIP. Director Brown stated it will be accounted for in the capital budget. Councilmember Woodruff stated he has spoken with a number of residents who live in the southeast area of the City and they have complained about the need to sweep up the excess rock. He noted the issue is not limited to just that area. The roads in the Twin Home area behind the Waterford Shopping Center are in great shape. He requested the roadway sweeping be done as soon as possible. He commented there were areas out where he lives that also have excess rock on the roadway. Director Brown explained he will pursue that with the contractor and hold the check the contractor is due until the sweeping is complete. He stated if it's acceptable to Council, Public Works staff can do some of the sweeping. He would ideally like the contractor to come back and do some of the sweeping. Councilmember Woodruff stated he would like the sweeping done. Councilmember Bailey asked what quality control the contractor is held to. Brown thought the contractor had done a good job of sweeping considering the number of vehicles and equipment parked in the roadway. He explained he had not heard about the issue on Enchanted Lane until today. Councilmember Zerby asked if a specification on cleanup could be added to the request for proposal. Director Brown stated that could be added, but as soon as too many conditions are added the bid cost will CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 6 of S go up. Brown then stated in this instance, he thought it best for Public Works staff to sweep up the rock where there had been mitigating circumstances. Mayor Liz €e stated timelines are provided to residents for roadway projects. Residents need to assume responsibility for making sure vehicles are not parked on the roadways when the roadways are worked on. She noted that Public Works has quickly handled complaints residents made to her about dirt, rock and sand after sealcoating the roadways. . Councilmember Woodruff stated he has no issue with Public Works being responsible for the task when someone blocked the roadway but, there is rock directly in front of his mailbox that is not due to blockage. What he observed is wide spread. He suggested that in the future the contractor do a quality job of sweeping. Director Brown asked Council to adopt the resolution this evening. The check to the contractor will not be issued before the next Council meeting and during that time, he will work with the contractor to sweep areas where vehicles did not block sweeping crews. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 10 -043 "A Resolution Approving a Change Order 1 for the 2010 Bituminous Sealcoating of Streets and Accepting Final Improvements, City Project 10 -07" with the assurance that Staff will make an effort to get the contractor to sweep areas that were not blocked during its initial sweeping. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Compensation Plan and Policy Manual Administrator Heck explained that Council discussed the compensation structure during its April 23, 2010, meeting. Unfortunately, Council had not been provided the supporting policy. Heck highlighted the compensation portion of the Policy Manual. The Policy covers plan administration, performance assessment, the rating system, compensation increases for employees who are at the maximum of their pay grade and the performance pay pool. Councilmember Zerby stated the Policy indicates the employee's assessment will be done annually. He asked what that meant. Administrator Heck explained the formal assessments will be done at the end of the calendar year. Supervisors /managers are expected to meet with their employees throughout the year to discuss performance and to conduct a semi - annual assessment. Councilmember Woodruff suggested in the statement in Section 6.01.H "... the employee shall have their pay adjusted to be within the pay range for their new position if the old pay exceeds the new range maximum." be changed to "... the employee shall have their pay adjusted to be within the pay range for their new position." Woodruff moved, Zerby seconded, approving the Policy Manual and compensation program subject to the suggested change being made. Motion passed 4/0. B. Diseased Tree Program - Inventory Director Nielsen stated that in April 2010 Staff presented an outline for a diseased tree program. A component of the program is to conduct a tree inventory on public properties. Staff used a number of resources to research various inventory approaches. Staff received a preliminary estimate to conduct an CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 7 of 8 inventory in the amount of $20,000 - $30,000. Staff believes they can complete the inventory using in- house resources. The cost to do it using internal resources is about $10,000 and that includes a modest investment of $1,000 for software programming. Staff estimated about 200 person hours to do the inventory. Councilmember Bailey asked what activities will not get done because of personnel resources being allocated to doing the inventory. Director Nielsen explained there has been a lull in planning related activities. Therefore, the City's Building Official could do about 70 percent of the inventory work if it's spread out over a 3 — 4 month period. Nielson and Commissioner Hasek will also devote some of their time to the effort. He noted Charlie Davis in Public Works is a certified tree inspector and can also assist in the effort. Councilmember Woodruff applauded Commissioner Hasek for his willingness to help with the effort Woodruff moved, Zerby seconded, approving the use of existing resources to conduct a tree inventory and adding $1,000 to the Tree Maintenance budget for application software programming. In response to a comment by Councilmember Zerby, Director Nielsen explained the application software programming is for custom software to integrate the GPS and GIS technology. The individual who has helped the City with its GIS program provided the $1,000 estimate. Motion passed 4/0. C. Council Policies and Procedures — Work Session Times Administrator Heck stated during its August 23, 2010, meeting Council discussed whether or not there was a need to amend the Council Policies and Procedures to address the start times for Council work sessions. It's his opinion there is not a need to do that. He thought it helpful to insert the following comment in section 2.6 "Process generally, the work session will commence at 6:00 p.m. on the same day as a council meeting. If the meeting time or date needs to change, this should be done at the council meeting proceeding the work session. Should a time change be necessary, the time change is to be processed through the City Administrator who will coordinate with the Council members to ensure there is a quorum present for the meeting." He commented that Council has generally had one work session a month and they most frequently start at 6:00 P.M. Woodruff moved, Bailey seconded, accepting the proposed change to the Council Policies and Procedures. Councilmember Zerby thanked Administrator Heck for his efforts. He thought there was already a system in place for scheduling meetings and changing the start times for work session. He expressed discomfort with voting to adopt the comment as a change. Councilmember Woodruff stated any amendment to the Council Policies and Procedures needs to be adopted unanimously. Administrator Heck stated the Policy will not be changed; it would only be clarified. Attorney Tietjen stated if the Policy is not being changed there is no need to approve anything. If Council has a question about interpreting the Policy in the future per this evening's discussion a discussion can be had at that time. She noted that State Statute has guidelines for noticing meetings. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES September 13, 2010 Page 8 of 8 Without objection from the seconder of the motion the maker of the motion withdrew the motion with the understanding that the comment will be included in the Council Policy and Procedures. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff October 4, 2010, League of Women Voters Shorewood Candidate Forum, 7:00 P.M. — 9:00 P.M. Mayor Lizee stated the South Tonka League of Women Votes will be hosting a Shorewood Candidate Forum on October 4, 2010, at 7:00 P.M. in the Shorewood Council Chambers. Other Administrator and Staff Reports Administrator Heck stated he received a response from the Minnesota Pollution Control Agency and the Riley- Purgatory -Bluff Creek Watershed District about the Silver Lake water quality issue. A potential project to address the water quality will likely be discussed as part of the Stormwater Management capital improvement program. Attorney Tietjen stated the last weekly staff report included information about a couple of court cases that have been decided by the Minnesota Supreme Court. She and Director Nielsen reviewed the City Code to ensure it was consistent with the decision made about variances. The standard of review for variances is now much stricter. There is no need to revise the City Code. The second case dealt with the 60 -day statute. If a council fails to put its reason in writing it does not mean the application is approved. B. Mayor and City Council Mayor Liz& stated assisted with the Excelsior Apple Day event and with the Excelsior Library book sale. 12. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of September 13, 2010, at 8:12 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Liz6e, Mayor