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07-11-11 CC Reg Mtg Min CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JULY 11, 2011 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Zerby called the meeting to order at 7:05 P.M. A. Roll Call Present. Acting Mayor Zerby; Councilmembers Hotvet, Siakel, and Woodruff; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Mayor Lizée B. Review Agenda Woodruff moved, Siakel seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, June 27, 2011 Siakel moved, Hotvet seconded, Approving the City Council Work Session Minutes of June 27, 2011, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, June 27, 2011 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of June 27, 2011, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Authorize Expenditure of Funds for Disposal of Street Sweepings, City Project 11-11 C. Accept Quote and Award Contract for Pavement Marking, City Project 11.10 D. Adopting RESOLUTION NO. 11-039, “A Resolution Accepting the East Water Tower Rehabilitation Project, City Project 05-04” Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 11, 2011 Page 2 of 6 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS No report was given because there had not been a Park Commission meeting since the last Council meeting. 8. PLANNING No report was given because there had not been a Planning Commission meeting since the last Council meeting. The next meeting is scheduled for July 19, 2011. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Electrical Regulations Ordinance and Contract for Services Director Nielsen explained the Minnesota Department of Labor and Industry issues electrical permits, and electrical inspections for a lot of municipalities are done by a State contracted electrical inspector. Because of the State government shutdown, the State has temporarily stopped issuing permits and conducting inspections. State Statutes allow municipalities to issue permits and perform inspections when authorized by ordinance. The meeting packet contains a copy of a draft ordinance amendment that allows the City to issue permits and have an Electrical Inspector conduct electrical inspections. The City would directly contract with the same person who contracts with the State to be the Electrical Inspector. The packet also contains a copy of a proposed contract for providing electrical inspection services. In addition the packet contains a draft resolution approving publication of the ordinance by title and summary. Nielsen stated that almost every remodeling project done in the City requires an electrical inspection. Therefore, there is an immediate need to move forward with approving the draft ordinance so the City can continue to provide inspection services. The cost for this will be recovered through the permit fees. He noted that as soon as the shutdown ends the City would revert back to having the State conduct the inspections. Nielsen explained that Councilmember Woodruff has pointed out to him that the draft ordinance amendment does not contain a sunset clause, noting that the League of Minnesota Cities’ (LMC) model ordinance does contain such a clause. It states that as soon as the State resumes providing such services CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 11, 2011 Page 3 of 6 the ordinance becomes null and void. He stated if Council wants he will add a sunset clause to the draft amendment. He then explained Woodruff has also proposed two changes to the contract. In Section 1.4.2 change “… installer of electrical wiring neither less the 30 days nor more than 60 days prior…” to ““… installer of electrical wiring not less the 30 days nor more than 60 days prior…” and in Section 18 change “… in the District Court of the State of Minnesota for Carver County” to “… in the District Court of the State of Minnesota for Hennepin County”. Nielsen asked Council if it wants to include a sunset clause in the ordinance or just wait until the shutdown is over to repeal the ordinance. Acting Mayor Zerby stated the LMC’s model ordinance also deals with plumbing. He asked why the City wouldn’t just use the model ordinance. Director Nielsen explained the City already deals with plumbing inspections with the exception of very large jobs that require state plan review. Nielsen stated if a need to back fill State provided plumbing inspection services arises then Staff will prepare an ordinance for that, noting he doesn’t anticipate there will be that type of need. Woodruff moved, Siakel seconded, Approving ORDINANCE NO. 477, “An Ordinance Amending Title 1000 of the Shorewood City Code Concerning Electrical Regulations” subject to it being amended to include a clause stating that once the State of Minnesota resumes providing such services the Ordinance is no longer in effect, and Adopting RESOLUTION NO. 11-040, “A Resolution Approving Publication of Ordinance No. 477 by Title and Summary.” Motion passed 4/0. 11. OLD BUSINESS A. Christmas Lake Aquatic Invasive Species Pilot Project Administrator Heck explained that during its June 27, 2011 meeting, Council passed a motion expressing support for the proposed pilot project to prevent the infestation of aquatic invasive species (AIS) in Christmas Lake, Lotus Lake and Lake Minnewashta and the installation of a control access gate at the Christmas Lake boat launch, and authorizing the expenditure of funds up to $1,000 for providing electrical service to the gate, purchasing and installing directional signs, and striping the parking lot. Heck then explained that since that meeting Attorney Keane, Mayor Lizée and he have decided that it would be prudent to prepare a resolution for Council consideration that will memorialize that motion, noting a copy of the draft resolution is included in the meeting packet. He noted there are some th differences between what Council discussed on June 27 and what’s included in the resolution. The differences came about because of discussions with Keane. He explained that Keane had again expressed concern about the City’s lack of authority to allow the installation of control access gate at the Christmas Lake boat launch without first getting approval from the Minnesota Department of Natural Resources (DNR) and obtaining an amendment to the 1986 agreement between City, the DNR, and the Christmas Lake Homeowners Association (HOA). He noted that Keane expressed that same concern during the June th 27 meeting. Heck stated Keane and he understand it’s in the City’s best interest for Council to work toward obtaining approval from the DNR and to work with the Minnehaha Creek Watershed District (MCWD) and the Christmas Lake HOA to get it to move forward. Unfortunately, the shutdown of the State government prohibits doing that at this time. Therefore, they have instead proposed the City more strictly enforce the hours of operation at the launch site by installing a gate that can be locked at the entrance of the parking area. The gate would be locked from 10:00 P.M. to 4:00 A.M. the next morning. The details of who CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 11, 2011 Page 4 of 6 would lock and unlock the gate have yet to be worked out. The resolution authorizes the Christmas Lake HOA to implement an onsite AIS inspection program at the launch site during the hours of operation. Heck stated the proposed pilot project had included having a centralized AIS inspection location at Lake Minnewashta Regional Park which would be staffed by DNR trained inspectors. He is unsure if Carver County has approved that. He then stated he did not think the City of Chanhassen has approved the installation of a control access gate at the Lotus Lake boat launch. The plan had been for the various lake associations to pool their inspection funding. If either of those two things don’t come to fruition that could potentially impact the pilot project as a whole. For example, there may not be enough resources to have inspections at Christmas Lake. Heck outlined what the resolution states the City would be responsible for doing if the resolution is adopted. The City will purchase and install directional signage and stripe the parking area. The City will implement some type of restricted access to the parking area. The City will allow the Christmas Lake HOA to utilize DNR trained AIS inspectors to conduct inspections and prohibit watercraft with AIS, in particular zebra mussels, on them from entering Christmas Lake. If an agreement is reached between the City, the DNR, the MCWD and the Christmas Lake HOA to allow restricted access at the Christmas Lake boat launch the City will move forward with the HOA on implementing that. Attorney Keane explained that the 1986 three-party agreement is very explicit about what the rights, duties and responsibilities of the City, the DNR, and the Christmas Lake HOA are. The unilateral installation of a control access gate at the boat launch would violate the terms of that agreement. The proposed interim measures, in particular the invocation of an emergency clause within the agreement, in light of the heavy spread of zebra mussels in Lake Minnetonka allows for implementing the measures. The City has informed the DNR that it wants to amend the agreement as soon as possible. Councilmember Woodruff stated the resolution states the City will purchase and install a control access gate for the entrance to the parking area to restrict access between 10:00 P.M. and 4:00 A.M. He asked what the estimated cost is to do that. He then asked what the logic is for installing a second gate. Administrator Heck responded Attorney Keane, Mayor Lizée and he think that if the City can’t authorize the installation of a control gate at the boat launch itself then the next best thing is to control the hours of use of the boat launch and parking site. Heck stated the gate at the entrance to the parking area could be a swing gate with a chain and padlock to secure it closed. Heck then stated he thought a lockable gate would cost less than $2,000. Woodruff then stated it’s his understanding that the DNR requires public waters to be accessible between 4:00 A.M. and 10:00 P.M. Attorney Keane clarified that is what the three-party agreement stipulates. Woodruff asked if the second gate would be installed independent of whether or not permission is obtained from the DNR to install the electronic control access gate at the boat launch. Acting Mayor Zerby stated he did not think of the parking lot gate as a second gate; he viewed it as being an interim measure. Woodruff commented that from his perspective there are operational issues that must be resolved. He th stated during its June 27 meeting Council authorized the expenditure of up to $1,000 for providing electrical service to the gate at the boat launch, purchasing and installing directional signs, and striping the parking lot. He asked if that $1,000 could be used for the purchase and installation of the gate at the entrance to the parking area and then Council can approve funding for providing electrical service to the gate, purchasing and installing directional signs, and striping the parking lot at a future date. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 11, 2011 Page 5 of 6 Director Brown explained the gate for the parking lot entrance needs to have electronic open and lock capabilities, and he thought the cost for that would be $1,500 – $2,000. He noted the automated car wash industry has mastered control access with the use of access codes and emergency override capabilities. He explained there are solutions available that allow public safety personnel 24-hour access to areas. Acting Mayor Zerby noted the City has time controlled access to the restroom facilities at Manor Park and there are override capabilities there. Councilmember Siakel asked if the electronic controls for the entrance gate could be reused on the control access gate at the boat launch if that is eventually approved. Director Brown responded they could be reused. Councilmember Woodruff stated a control access gate for the boat launch would have to provide access code capabilities. Director Brown stated the electronic controls for the gate at the parking area entrance would have to have access code and open/lock capabilities. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 11-041, “A Resolution Supporting the Pilot Project at Christmas Lake to Prevent the Spread of Aquatic Invasive Species” and authorizing an expenditure not to exceed $2,000 for the purchase and installation of a gate with electronic control access code and open/lock capabilities at the entrance to the parking area. Motion passed 4/0. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck encouraged people with a sporting dog to educate themselves on the disease glastro micosis. He noted his dog just passed away from that. Director Brown expressed thanks on behalf of the Public Works Department to Council for authorizing the purchase of a One Wheel Loader. He stated that 15 minutes after the City took delivery of the Loader it was in use. It was heavily used the day before to remove downed trees that blocked roadways out on the Islands. He noted a preconstruction meeting was held for the Smithtown Way storm sewer improvement project. Another preconstruction meeting will be held this week for the Murray Hill Road storm sewer improvement project. Engineer Landini stated the mill and overlay of Vine Hill Road has been completed. He then stated Flint Resources will not make its otta seal oil product until it receives an order of at least 40,000 Hills gallons. An order of that size may be in jeopardy because of the State government shutdown. Director Nielsen stated he and representatives from Metro Bowhunters Resources Base (MBRB) recently toured the sites where it harvested deer in the City in 2010 as well as other potential sites. Some of the sites harvested in the past will not be harvested in 2011 if another harvest is conducted. Consideration is being given to add an alternate weekend (a fifth weekend) to the harvest schedule rather than increasing the number of sites harvested. Acting Mayor Zerby asked Staff what progress has been made on the Carver County Open Fiber Initiative (CCOFI). He also asked if the Minnetonka School District has gotten back to Staff about the possibility of the City using the District’s fiber optic network to connect into Carver County’s fiber ring. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 11, 2011 Page 6 of 6 Administrator Heck responded he has not heard from the District or Carver County recently. Heck stated he would follow up on both items. B. Mayor and City Council Acting Mayor Zerby noted the Excelsior Firefighters Relief Association’s fund raising dance will be on th July 15 from 5:00 P.M. to midnight. 13. ADJOURN Siakel moved, Woodruff seconded, Adjourning the City Council Regular Meeting of July 11, 2011, at 7:44 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: City Administrator/Clerk