Loading...
11-08-10 CC Reg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 8, 2010 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7 :00 P.M. Mayor Lizde called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director DeJong; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Woodruff moved, Turgeon seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 25, 2010 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of October 25, 2010, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, October 25, 2010 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 25, 2010, as presented. Motion passed 510. Mayor Lizde clarified a statement made during the October 25, 2010, regular Council meeting regarding the City's water policy. She explained Council always makes the final decision as to whether or not to extend water main as part of a roadway reconstruction project. She noted there are ways for residents to provide Council with their perspectives. 3. CONSENT AGENDA Mayor Liz €e reviewed the items on the Consent Agenda. Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 2 of 9 B. Change Order 1 — Superior Control and Data Acquisition (SCADA) System and Electrical Control Panels for Lift Stations 15 & 17 (This was moved to Item 10.13 under General/New Business.) C. Sanitary Sewer Repairs (This was moved to Item I O.0 under General/New Business.) D. 2011 Mill and Overlay Joint Powers Agreement E. Silver Lake Sediment Testing F. Delegate to MetroCities Policy Adoption Meeting Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING A. Certification of Delinquent Utility Charges Mayor Lizee stated Council will hold a public hearing on the certification of delinquent utility charges. According to the City Ordinance property owners are provided an opportunity to address the Council to provide information or extenuating circumstances and to request the Council remove the property from the certification list. Mayor Liz& opened the Public Hearing at 7:05 P.M. Mayor Lizde then opened the Public Testimony portion of the Public Hearing at 7:05 P.M Ron Johnson, 5355 ShadyH Circle commented that recent campaign literature for the local election stated people campaigning were responsive to residents yet none of the current Councilmembers have been out to look at the mess he thought the City made on his farm. He stated he thought that the five storm sewers collect and dump on his property. He then stated an engineering firm has concluded the City owes him $4 million in damages, noting he thought the City has been provided with that information. He noted Director Brown had been out to his property in August to look at the situation. He stated in 1998 the City was going to fix the problems, and he thought the cost to do so would have been approximately $50,000. The City turned down his offer to 'fix the problems; the City wouldn't permit him to do that. Mr. Johnson stated the City has never given him credit on his utility account. The City currently charges him a fee for stormwater management, noting it's not a service from his perspective. From his vantage point the City wants to charge him for him cleaning up the storm sewer sludge the City's system dumps on his property. He expressed he did not think that is fair and equal treatment. He commented that Director Brown has looked at the work he's done on his property. He stated the stormwater management fee falls under special assessment because that is how Hennepin County charges him on his tax bill. Mr. Johnson commented that he thought the City and the City's attorney has been two -faced about this. He suggested Attorney Tietjen bring in her law partner, Mr. Dean, from the firm Kennedy and Graven, noting Mr. Dean worked with Brown in 1997. He stated he had provided the City with a copy of a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 3 of 9 memorandum from Brown requesting funds to research the extent of the City's occupation of his property for storm sewer. He commented that during that time period Mr. Dahlberg was the mayor and Dahlberg was close to having the situation resolved before he lost his reelection attempt. Mr. Johnson stated he thought he should be credited for the sump pump surcharge he was charged. He explained that around 1997 the City made a decision to disconnect residents' sump pumps from the sewer system. That charge was incurred if a property owner did not allow an inspector to enter into the property owner's house on demand to determine if a house had a sump pump and, if so, how it discharged. He stated he considered the inspection requirement to be unconstitutional; he equated it to a search and seizure demand without warrant and that violated the Fourth Amendment of the Constitution. He commented that former Councilmember Wellens told the then Council that it was unconstitutional. Mr. Johnson then stated when property owners in his area disconnected their sump pumps the storm water ended up going on to his property. He explained that in 2006 he came before the City because he was objecting to a development project. The City had prepared a flow plan for that project and the plan was for storm water to flow across City -owned property and on to his. He related that Councilmember Woodruff had stated he did not want to hold up that project to consider what he was doing; the project should be investigated separately. He stated nothing has been investigated. He commented he thought that during Councilmember Zerby's previous term on the Council he voted to violate the Fourth Amendment. Mr. Johnson went on to state that in January 2008 Ire had the American Civil Liberties Union (ACLU) send a letter to Mayor Liz& The ACLU stated that the demand to have a City inspector enter a home violated the Fourth Amendment. In that same month the City Council redacted that provision; the same provision that former Councilmember Wellens and he thought was unconstitutional. He explained the proceeds received when a government body violates the Fourth Amendment do not belong to that government body; they belong to the people they were taken from. The sump pump surcharge has never been credited to his account. He explained if all of the credits he thought he is owed were credited to his account he would not owe anything. The City would owe him because the total credits amount to more than the sewer fee he's billed for. Mr. Johnson expressed he did not think any delinquent utility charge for his property should be certified to Hennepin County. He stated he did not think Council could decide this because it's a special assessment. He commented that Hennepin County Chief Judge Kevin Burke wrote an order and issued it to the City explaining the procedures on this, and it was under the special assessment statute. He stated it is not a service, it's a fee. He thought the City is trying to charge a property owner for something that is supposedly a benefit to their property, noting it his case it isn't. The City is just charging him for the work he does. Councilmember Zerby stated the City has discussed the information provided by Mr. Johnson many times, and the City has been to court about it. He then stated he thought that some of the facts Mr. Johnson had omitted are also important. He expressed he appreciated hearing Mr. Johnson's perspective regarding this matter. Mayor Liz6e stated Mr. .Johnson has been provided with the opportunity to comment on current certification and delinquent charges. She then stated that she will always defend a person's right to free speech, and that she appreciates that Mr. Johnson comes before Council to present his perspective. She explained that that the emails that flow between Mr. Johnson and the City Administrator and the City Attorney are forwarded to Councilmembers. She noted that she does not agree with many of the statements Mr. Johnson made this evening. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 4 of 9 Councilmember Woodruff stated that Mr. Johnson had stated that he was a parry to something that took place in 2006. He clarified he was not on the Council in 2006; he started his first term in 2007. Mr. Johnson responded that Woodruff was on the Planning Commission at that time. Woodruff noted the Planning Commission is a recommending body only; it does not make decisions. Mr. Johnson stated the Planning Commission's recommendation was adopted by the Council. Mr. Johnson expressed his disappointment that candidates for local office distribute campaign literature stating they are responsive to citizens concerns, yet that is not the case with him. Mayor Lizee closed the Public Testimony portion of the Public Hearing at 7:18 P.M. Director DeJong explained the City Code provides for annual certification of delinquent utility bills against the properties serviced. The City's authority for certification of unpaid charges comes from Minnesota Statute 444.075. That Statute does not address special assessments. The authority for special assessments comes from Minnesota Statute 429. Each property owner is given an opportunity to file a written objection to this proposed certification of delinquent accounts, and they can request a hearing in front of the Council to explain why the account has not been paid. Director DeJong requested two more properties be added to the certification list. He explained the properties receive their service from the City of Chanhassen. Chanhassen held its public hearing on the certification of delinquent utility charges during the Chanhassen City Council's October 25, 2010, meeting. Chanhassen has asked the City to add the properties to its certification list. Once the City collects the delinquent charges the funds will be passed on to Chanhassen. Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO 10 -053 "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Water Charges, Recycling Charges, and Dry Hydrant Charges, be Placed on the 2011 Property Tax Rolls" subject to utility charges for property identification numbers 3511723340034 and 3511723340006 being added to the list. Councilmember Zerby asked if any of the delinquent charges could be the result of bad communication. He stated he thought the number of delinquent properties is substantial. Councilmember Turgeon stated she thought it was a normal amount. Motion passed 510. Mayor Lizee closed the Public Hearing at 7:20 P.M. 6. REPORTS AND PRESENTATIONS A. Minnetonka Community Education (MCE) Representative Tad Shaw Report on MCE Activities Mayor Lizee stated Tad Shaw, the City's representative on the Minnetonka Community Education (MCE) Advisory Council, is present this evening to give a report on MCE activities. Mr. Shaw stated he had been the City's representative on the MCE Advisory Council for most of the past 33 years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 5 of 9 Mr. Shaw explained MCE is run by the Minnetonka School District. The City's residents don't have any financial liability for MCE. For the 2010 — 2011 program year 83.6 percent of the cost of the programs will be paid for through user fees. The remaining 16.4 percent will come from a levy and state funds. He noted that the City of Wayzata's gets 74 percent from user fees. The City of Eden Prairie gets 55 percent from user gees. The City of Lakeville gets 60 percent from user fees. The City of Shakopee gets 38 percent from user fees. Mr. Shaw then explained MCE publishes a catalogue of programs it offers three times each year. MCE provides early childhood family education programs, youth programs, adult programs, and programs for people with disabilities. Sixty -four percent of the program participants get their information from the catalogue. For 2009/2010 MCE sent out a survey to 8,000 people via e -mail and 45 percent of the emails were opened. There were 1,000 replies sent back. The survey results indicated that 87 percent of the respondents rated the MCE class /activity as excellent or good. The ratings have consistently been above 80 percent. Also, 85 percent of the respondents rated the instructor as excellent or good. Mr. Shaw expressed that he is proud of what MCE does, noting it has always been one of the best community education programs in the State of Minnesota. He stated if residents have recommendations on what MCE can do differently he asked them to pass that information along. Mayor Liz6e noted MCE services the entire community and all age groups. Councilmember Woodruff commented that for those Shorewood residents who are not part of the Minnetonka School District (i.e., those that live on the Islands) the Westonka School District has a similar program. He noted those residents can take advantage of the MCE programs as well. He stated the City made improvements to the shelter in Manor Park in part to be able to offer MCE programs there. He asked MCE to do that in 2011. Mr. Shaw stated he would pass the request on to the head of MCE. Councilmember Turgeon asked how many people are oil the MCE Board. Mr. Shaw responded there are approximately 40 and usually 12 — 15 board members show up for the monthly meetings. Mr. Shaw stated a few years ago the Minnetonka School Board changed the structure of the MCE Board, noting he was not pleased about that. Mr. Shaw then stated the MCE Board is starting to become more involved again. 7. PARKS No report was given as there has not been a Park Commission meeting since the last Council meeting. The next meeting is scheduled for November 9, 2010. 8. PLANNING No report was given as there has not been a Planning Commission meeting since the last Council meeting. The next meeting is scheduled for November 16, 2010. 9. ENGINEERINGIPUBLIC WORKS There was nothing additional to report. 10. GENERAL/NEW BUSINESS A. Massage Therapy License Fees CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 6 of 9 Administrator Heck stated the City received a request from the owner of LaV ida Massage, a therapeutic massage business, asking if the City would consider lowering the individual annual license fee or prorating the fee. The current individual annual fee is $150, and the therapists also pay a one -time investigation fee of $100. He explained the City Ordinance specifically prohibits prorating license fees for fertilizer applicators and transient sales. The only license that can currently be prorated is the liquor license. He stated Staff does not recommend providing for the proration of fees because the time to process a license remains constant regardless of when the license application was filed. Staff estimates the average time to process a license application is about one to one and one -half hours for a cost of approximately $50. Staff has determined that the City's individual therapeutic massage license fee is quite high, and as part of the fee schedule update process Staff will recommend reducing the fee amount. He noted Staff is not asking Council to take any action during this meeting. Heck then stated Staff will review some other licenses to ensure they are correct. Staff will also consider Councilmember Zerby's concern about the need for these types of licenses. He commented that any reduction in license fees or the amount of the fees could impact revenue. Councilmember Bailey recommended a Toss in revenue not be factored into the next Council's decision about the appropriateness of requiring a license for particular businesses. He stated that from his vantage point it would be unconscionable to retain a license fee in order to keep revenues at a certain level. Administrator Heck stated Staff agrees a city should license because there is a need to enforce something, noting that is Councilmember Zerby's position on this as well. B. Change Order I — Superior Control and Data Acquisition (SCADA) System and Electrical Control Panels for Lift Stations 15 & 17 This was removed from the consent agenda at Councilmember Woodruff s request, Councilmember Woodruff stated the Council Action Form for this item states the 2010 — 2015 Capital Improvement Program (CIP) includes $120,000 for retrofitting three additional lift stations for Superior Control and Data Acquisition (SCADA) System controls only. He asked where the funds are budgeted and when will they be done. Director Brown explained there is $40,000 budgeted in the CIP in 2010, 2011 and 2012. The change order in the meeting packets is for modifying Lift Stations 5, 11 and 12 and the amount of the change order is $19,400 not including taxes, permits and contingencies. The goal is to have the modifications completed by the end of the year. Staff is asking Council to approve a change order not to exceed $21,500. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 10 -052 "A Resolution Approving a Change Order I for the SCADA System and Electrical Control Panel Project, City Project 10 -19" for an amount not to exceed $21,500. Motion passed 510. C. Sanitary Sewer Repairs This was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated Staff sent a request for quotation to make sanitary sewer repairs to one firm; the firm that submitted a bid. He expressed concern that there were no competitive bids. He noted that Staff has informed him that in the past no other firms have wanted to submit a quote. He stated the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 7 of 9 City has had similar repairs done before, and he asked how the City knows that the work is done to the City's satisfaction. Engineer Landini explained a video recording is made of the repair process. He stated the last three years the City sent out requests for quotations to 6 — 9 firms but the other firms did not respond. He explained the City has 9 -inch sanitary sewer lines and a special sized dies are needed to do the repairs. Infratech Infrastructure Technologies has the needed equipment. Turgeon moved, Zerby seconded, directing Staff to work with Infratech Infrastructure Technologies, Inc., for the sanitary sewer repairs not to exceed $40,000. Councilmember Bailey stated it sounds to him like the City is at the mercy of Infratech. He stated he assumed there is some cost threshold where Staff would think the cost is too high. He recommended Staff determine what the threshold should be for future projects. Mayor Lizce stated it's her recollection that some of the last bids included a per -foot cost estimate. She assumed this quote was reasonable based on those estimates. Engineer Landini responded the quote is very comparable. Landini explained Midwest Trenehless Technologies has the ability to make manhole repairs but not line repairs. Councilmember Bailey stated if the City's sewer lines were the more regular size he asked what the quote amounts would be. Ile then stated there has to be some type of benchmarking that occurs. He noted he was not making the comment in reference to this project. Mayor Lizde reiterated her confidence that Staff did the necessary research to ensure this is a reasonable quote. Councilmember Bailey stated he was not questioning Staff's work. Motion passed 510. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated during Council's November 22, 2010, meeting there will be a 2011 budget wrap -up discussion. He asked Council to think about the process they want to use for applying for upcoming committee assignments. He noted two Park Commissioner terms (Norman and Quinlan) and two Planning Commissioner terms (Ruoff and Vilett) end in February 2010. Appointments will also be made to the Lake Minnetonka Communications Commission and Minnetonka Community Education. He stated he will be out of town from November 10 through November 12` Attorney Tietjen stated with regard to the statutory authorization for the certification of delinquent utility charges some of the confusion comes from the language in Minnesota Statute Chapter 444 which is where the authority comes from. The language allows for the charges to be collected in the same manner as taxes and that happens to be through a certification process to the Hennepin County tax rolls. That is the same way special assessments are collected. The delinquent utility charges are not special assessments in the same sense as a local improvement project where a benefit is proven to the property. She noted many of the issues brought up by Ron Johnson earlier in the meeting have been litigated in the courts and resolved. The City has not ignored those concerns. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 8 of 9 B. Mayor and City Council Councilmember Woodruff stated Minnesota Waters, the Minnesota Department of Natural Resources and a number of other agencies are holding a special meeting on November 9 "' to discuss the state -wide issue of aquatic invasive species (AIS), noting he has been invited to attend. He then stated the Lake Minnetonka Conservation District AIS Task Force has scheduled a meeting for November 19 "' to hear about the preliminary results of the 2010 three -bay Eurasian Watermilfoil treatment program. That meeting may be postponed if the report is not completed in time. Councilmember Turgeon stated it appears that driveway on the City -owned rental property was recently paved. The driveway is horseshoe shaped and it was gravel. She questioned if that complies with the City Code regarding horseshoe shaped driveways and the frontage available. She stated she saw that the garage door was replaced. She asked Staff to review the list of issues the tenants have with the house, noting they do not intend to renew the lease. She suggested Council discuss if it wants to continue to rent the house or if it wants to put the property on the market. Administrator Heck explained the driveway had been asphalt prior to it being repaved. Councilmember Turgeon disagreed with him. Heck stated the tenants had an issue with the furnaces. He explained Building Inspector Pazandak and a furnace contractor inspected the furnaces. Findings indicate the furnaces do work. There was an issue with filters. 'there may be some consideration given to reducting some of the duct work so there is a need for only one furnace. He commented he thought it is the tenants' responsibility to replace the filters. He explained the filters have to be cut to size. He suggested the City provide a number of Filters cut to size that a tenant can use for replacements. He stated the garage door has been fixed, but there is some City-owned stuff in the garage that has to be removed. He noted the City had not been made aware of the problem with the furnaces until the tenants informed the rental agent they did not want to renew their lease. He stated the City installed some carbon monoxide detectors and other detectors in the house. Heck stated he has spoken with the rental agent and the house will be put on the market for rental under the same terms and conditions as the current lease. He indicated he thought the tenants had other issues with the house. He then stated when he was at the property and it appeared to him that the driveway had asphalt on it some time. He noted there was a relatively large depression on the south end of the driveway that caused issues. He had requested the driveway be patched. Director Brown explained the driveway would likely have had a PASER rating of 2 which indicates it should be rehabilitated. He stated the furthest entrance toward Yellowstone Trail had deteriorated to the point where it held water and had basically been reduced to gravel. He stated he will review the City Code relating to horseshoe shaped driveways to ensure the driveway is in compliance. He noted if a resident had done the same thing to their driveway it would have been considered a maintenance item. Mayor Liz6c thanked Deputy Clerk Panchyshyn and the dozens of election judges that served the five polling stations in the City for their hard and efficient work, and for ensuring the election was conducted honestly. She noted the results for the local election were posted between 8:45 P.M. and 8:55 P.M. on election night. Mayor Lizee asked the Couneilmembers to provide her with their feedback on the year -end performance review for the City Administrator. Mayor Liz& stated she has a coffee with the mayor session scheduled for November 11 "' from 8:00 A.M. — 10:00 A.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 8, 2010 Page 9 of 9 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of November 8, 2010, at 7:54 P.M. Motion passed 7:54. RESPECTFULLY SUBMITTED Christine Freeman, Recorder Christine Liz6e, Mayor