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10-24-11 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 24, 2011 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizee called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 10, 2011 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of October 10, 2011, as amended in Item 2, Page 3, Paragraph 7, change Sentence 3 to read "Prior to that, funds were borrowed, and paid back, from the Sewer Fund to purchase the City -owned house. ", and in Item 2, Page 4, Paragraph 8, Sentence 2, change "the remainder of 2011 for that" to "the remainder of the budget forecast'. Motion passed 510. B. City Council Regular Meeting Minutes, October 10, 2011 Woodruff moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of October 10, 2011, as amended in Item 10.1), Page 5, Paragraph 8, Sentence 1 change "show up in uniform at their fish fry" to "show up in uniform to solicit for their fish fry ", and in Item 11.A.2, Page 11, Paragraph 7, change "can make due with" to "can make do with ". Motion passed 510. 3. CONSENT AGENDA Mayor Lizee 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 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 2 of 10 B. Adopting RESOLUTION NO. 11 -058 "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Station Store 912, and Metro Petro Gas and Food." C. Adopting RESOLUTION NO. 11 -059 "A Resolution Electing to Not Waive the Statutory Tort Limits for Liability Insurance." D. Adopting RESOLUTION NO. 11 -060 "A Resolution to Approve a Grant Agreement with Hennepin County to Receive `Incentive Funds' for the Shorewood Organic Waste Pilot Project." E. Authorize Expenditure of Funds for Dump Truck and Plow Equipment F. Energy Audit of Public Facilities as Part of GreenStep Cities Program G. Appeal for Extension of ,Deadline to Correct Rental Housing Violation Appellant: Eric Danser Location: 21640 Lilac Lane Couneilmember Woodruff suggested the Staff recommendation for Item E to purchase of a dump truck and plow equipment also include authorization to sell unit 33 once the new truck is in operation. Motion passed 510. 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 Park Commission Chair Quinlan reported on matters considered and actions taken at the October 11, 2011, Park Commission meeting (as detailed in the minutes of that meeting). 8. PLANNING Director Nielsen reported on matters considered and actions taken at the October 18, 2011, Planning Commission meeting (as detailed in the minutes of that meeting). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 3 of 10 A. Minor Subdivision / Combination Applicant: Michael McDonald Location: 4695 Lagoon Drive Director Nielsen explained Michael McDonald owns the property located at 4695 Lagoon Drive. A while ago Mr. McDonald discovered the legal description of his property does not include the southwesterly 30 feet of the property which he has maintained over the years. That portion of what Mr. McDonald thought was his property is part of a parcel of property owned by a consortium of land owners (five 'families) living on Enchanted Island. Mr. McDonald has arranged to purchase the portion of the consortium's parcel of property he had thought was his to combine with his property. The proposed subdivision /combination (i.e., a lot line rearrangement) will clean up the legal description and title for Mr. McDonald's property. He noted the Planning Commission recommended approval of the subdivision and combination subject to recording the subdivision and combination within 30 days of receipt of certified copy of the resolution. He also noted that Planning Commission Chair Geng recused himself from the Planning Commission discussion about this because he and his wife are members of the consortium. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 11 -061 "A Resolution Approving a Subdivision and Combination of Real Property for Michael McDonald, 4695 Lagoon Drive." Councilmember Zerby stated the resolution includes empty pages for the legal descriptions of Mr. McDonald's property and the consortium's property. He didn't think the resolution could be adopted without those descriptions. Director Nielsen stated the resolution can be adopted subject to them being inserted. Councilmember Woodruff stated Council has approved resolutions before without the legal descriptions being included at the time the resolutions were adopted. Councilmember Z,erby requested resolutions be complete in the future before they are brought before Council for consideration. Without objection from the maker or sender the motion was amended to include, subject to the legal descriptions being inserted. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Staffing Recommendations Administrator Heck explained that immediately preceding this meeting Council met in Executive Session to discuss staffing recommendations made by the Personnel Committee. The recommendations of the Committee dealt with the potential consolidation of some activities and positions, the potential for providing of contract services to other communities, and the Park Coordinator contract the City has with Community Rec Resources (CR,R). Heck stated Staff's recommendation to Council is to accept the following recommendations of the Personnel Committee. 1) To consolidate the communications coordinator and web designer position into one position thereby eliminating one part-time position. 2) To dissolve the agreement with CRR for providing park and recreation coordinating services and to bring those responsibilities back in house. 3) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 4 of 10 To continue to assess possible options for providing contract services for planning, finance and engineering to other communities. Woodruff moved, Siakel seconded, approving the consolidation of the communications coordinator and web designer positions into one position resulting in the eliminating of the part -time web developer position effective November 1, 2011. Motion passed 510. Woodruff moved, Zerby seconded, adopting a policy which grants one week of severance pay for every full year of service an employee has worked when an employee's position is eliminated. Motion passed 510. Siakel moved, Hotvet seconded, approving the dissolution of the contract for providing park and recreation coordinating services and to have City staff provide those services effective January 1, 2012. Motion passed 510. IL OLD BUSINESS A. Amending Chapter 308 of the Shorewood City Code as it Pertains to Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales Administrator Heck explained Council discussed a draft amendment to the City Code Chapter 308 titled Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales during its October 10, 2011, meeting. Council recommended some changes be made to it. The meeting packet contains an updated copy of the amendment. He noted that Staff forgot to make the following change to Chapter 308.08 which was to change "not to exceed the calendar year or part thereof' to "not to exceed a 12 -month period or part thereof'. Councilmember Woodruff asked that governmental organizations be added to the list of exclusions in Chapter 308.04. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 484 "An Ordinance Amending Chapter 308 of the Shorewood City Code as it pertains to Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales" subject to in Chapter 308.04 adding governmental organizations to the list of exclusions and in Chapter 308.08 changing "not to exceed the calendar year or part thereof' to "not to exceed a 12 -month period or part thereof'. Motion passed 5/0. B. Domestic Partnership Registry Draft Ordinance Mayor Lizee stated the meeting packet contains a draft ordinance which would create a domestic partner registry. Council discussed the topic of domestic partner registries during its October 10, 2011, meeting. She noted this topic carne up more than a year ago when a question was brought forward during the candidates' forum asking the candidates what they knew about domestic partner registries. She stated people have emailed her and called her about this topic, and she has had conversations when out in the community. Liz& explained that many of the City's contemporaries have adopted a similar ordinance. The first domestic partner registry was in the City of Minneapolis in 1991. Since then the Cities of Duluth, Edina, Golden Valley, Maplewood, Minnetonka, Red Wing, Richfield, Robbinsdale, Rochester, St. Louis Park, St. Paul and most recently Hopkins have also approved domestic partnership registry ordinances. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 5 of 10 Lizee read the purpose section of the draft ordinance. It is as follows. "The City of Shorewood authorizes and established a voluntary program for the registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside in Shorewood and who have a shared life and home together may document their relationship, thus enabling the registered couple access to employment benefits, hospital or health care visitation, and other such voluntary benefns. The adoption of this ordinance does not create or establish rights, privileges or responsibilities that are mailable to married couples under state or federal law." Administrator Heck explained the ordinance in the meeting packet is in draft form, and it is not identified as part of the City Code at this time. If Council decides to consider this further it would likely be placed into Chapter 100 Administration. The City Code does not have a human rights section which is where some cities have placed their ordinance. Heck reviewed what the ordinance includes. It defines domestic partner and domestic partnership. It describes the registration process. It explains what components of the registry can be amended and how to do that. An individual name cannot be amended unless they have legally changed their name. It explains how the registration can be terminated. Staff is suggesting a $35 fee for the initial application. Dissolution and amendment fees would be a little less. A certified copy would cost $2. Heck explained Staff used Golden Valley's, Hopkins' and Red Wing's ordinances as well as some others as models for the draft ordinance. The League of Minnesota Cities doesn't have a model ordinance. He noted the registry will not provide any legal benefit that a civil union /marriage would provide. He stated this is the first time Council has had the opportunity to discuss the ordinance. Staff will incorporate changes recommended by Council and put it into a formal form if so directed by Council. Rebecca Waggoner, OutFront Minnesota Anti- Violence Prog ram Director stated she is very excited to be at the meeting. She noted if the City adopts the ordinance it would join 14 other cities in the State in taking this fantastic step to support all families. She explained OutFront Minnesota is doing this work for a variety of reasons. She related that the hospital administrator at North Memorial Hospital stated that domestic partner registration makes it easier to offer life insurance to its entire staff. She explained there is no net cost to the City because of the fees. The registry does make it easier for private companies to offer benefits to all families. She stated from her perspective approving this ordinance would send the message that the City values all families and would be considered a welcoming, open community. She encouraged Council to approve this ordinance. Alison Hawkinson, 20815 Idlewild Path Ms. Hawkinson read a quote from Monica Meyer (OutFront Minnesota Executive Director) — "Employers that offer domestic partner benefits have a variety of options for allowing partners to demonstrate they're together." Therefore, domestic partner registry is not an only option. She explained she works in a corporate human resource department and that company offers domestic partner benefits. In order to receive those benefits the individuals must first sign a document stating they are a partner and provide two pieces of information proving they have a bank account, insurance beneficiary or something similar. Domestic partner registry is not a requirement for getting domestic benefits and she doesn't understand how it would make it easier. Ms. Hawkinson stated people can fill out a Minnesota Health Care Directive form which can be found on the internet in order to ensure their partner can visit them when they are hospitalized or for having the authority to make health care decisions for them when they are not capable. Once the document is notarized it becomes a legal document. There is no need for domestic partner registry. CITY OFSHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 6 of 10 Mr. Hawkinson read another quote from Ms. Meyer — "Domestic registries are a meaningful way for couples to make their togetherness official. People frame their certificates. In a state where this is the only legal recognition you can get it's really important. That symbolism entwines domestic registries with a larger debate over gay marriage. A debate that will only grow as we approach the 2012 vote on the constitutional amendment to limit marriage to heterosexual couples." Ms. Hawkinson interprets Ms. Meyer to be saying domestic partner registry is just a piece of paper and it's to make a voice for the 2012 vote. Ms. Hawkinson stated domestic partner registries are not going to accomplish those two things. The City of Hopkins' domestic partner registry ordinance states "It doesn't create rights, privileges, or responsibilities that are available to married couples under state or federal law." Domestic partner registry doesn't do anything for anyone. There are other ways to do what it is supposed to do. Mayor Lizee expressed her appreciation for Ms. Hawkinson bringing her points forward. Regarding health care directives, Lizee stated too few people have the directives. Councilmember Woodruff asked what the purpose is of including a definition for domestic partnership in the ordinance because the only time it is used is in the purpose statement. Administrator Heck explained other cities have included the definition so that they can recognize other cities' domestic partner registries when registered couples move into a new city that has such an ordinance. The definition outlines what that partnership is. Woodruff stated from his vantage point there is a "high fog" factor in paragraph I and 2 [the purpose section]. He suggested that be made clearer. He suggested changing "who have a shared life" to "who share a life" in paragraph 1. He suggested adding the word "amend" to "does not create or establish rights ..." in paragraph 2. He suggested that termination section of the ordinance also include that if one partner terminates the registration the City will send notification to the other partner. Woodruff asked if third parties can ask for a copy of a registration, and if so is there a fee. Administrator Heck sated they are public documents and there would be a copy charge. Attorney Keane concurred they are public documents so people can request a copy. Woodruff suggested adding something about that to the ordinance. Councilmember Siakel stated the City may not have to do this but it may be meaningful to many people. She then stated she thought it would set a tone of respect and inclusivity for the community. She noted she thought this would be a good thing to do. Councilmember Hotvet expressed her agreement with Siakel's comments. Councilmember Zerby expressed his discomfort with the City taking this role on. He stated he would be more comfortable with Council passing a resolution urging the State to support domestic partner registries. He stated he thought this should happen at the State level. He clarified he is not opposed to domestic partnership registration process or any of the issues. He stated the City doesn't get involved with recognized civil unions or marriages or partnership type issues. He suggested caution be exercised before adding an ordinance to the City Code. He encouraged Council to be cognizant of the impact it will have. He stated Council shouldn't create ordinances, which become law, any more than it has to. He noted the City has sent resolutions to the State for other issues. Woodruff moved, Siakel seconded, directing Staff to refine the ordinance. Council also requested staff provide details on the mechanics and process, including sample forms, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 7 of 10 Councilmember Woodruff stated there is no rush to get this done from his vantage point. I-Ie clarified he is not saying he doesn't want this to proceed with all due speed. Administrator Heck stated this will be on the November 14, 2011, City Council meeting agenda. Motion passed 4/0/1 with Zerby abstaining. C. Carver County Open Fiber Ring Administrator Heck explained the last time Council and Staff spoke about the possibility of connecting City Hall, the Southshore Community Center (SSCC), the Public Works facility, and the public safety facility located in the City to Carver County's open fiber ring (the ring) Staff was asked to gather information about costs. Staff was also asked to have further discussions with Carver County (the County) and the Minnetonka School District. Staff has done drat. He, Councilmember Zerby and Director Brown met with representatives from MP Nexlevel (Nexlevel), a fiber installation company, and walked through the facilities so Nexlevel could prepare quotes. Nexlevel provided the City with quotes to connect all four facilities. The cost to install a 24 pair cable to all four facilities and to splice into the ring will cost approximately $82,000. He and Director DeJong met with the consultant who is working with the County and the School District to discuss public /private partnerships for private use. Heck stated the purpose of the discussion this evening is for Staff to provide Council with an update on what it has learned. Staff also wants to know if Council wants it to continue to gather more detail on this. He noted Councilmember Woodruff has asked him to prepare a return -on- investment (ROI). He explained at this time it is difficult to prepare a detailed ROI because some issues have not been solidified yet. For example, there hasn't been any discussion about what companies would run the City's backend services. Heck explained going to a network that connects at the 511 Building will be less expensive for hosting of backend services than what it currently costs. The City would be able to connect directly with that provider at the 511 Building. In order to get more firm pricing estimates Staff needs to know if this potential project will come to fruition or not. He noted he is not sure what, if any, access charges the County will assess. Staff has not had any detailed discussion with the police and fire about connecting to the ring. They have expressed some interest. Councilmember Woodruff stated he appreciates the fact that preparing a ROI at this time is complex. He then stated connecting to the ring is a good idea if it makes business sense. Without a robust ROI analysis he is pretty put off by the $82,000 price tag. He clarified he is not saying he's against doing this. But, he doesn't have enough information to make a decision at this time. Woodruff commented prior to the Carver County Commission deciding to do the open fiber ring project the County did a very detailed analysis of its communications costs. That analysis indicated there were locations in the County that did not have access to services they needed to have. That is not the case for the City. The analysis showed that by replacing the communications line it was leasing and renting with its own fiber network the project would have about a three -year payback. Woodruff stated the City would have an eight -year payback based on the high level analysis, noting lots of things change in eight years. He suggested Staff gather a lot more detailed information about costs and benefits. He commented that from his vantage point there is no huge rush to get this done. He asked if the County has indicated there is a deadline, to which Heck responded no. Heck stated he thought the County would complete the build out earlier next year. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 8 of 10 Administrator Heck stated if Council were to decide to move forward with this project Staff anticipates it would be a 2012 project timeline. Ile suggested Council decide if the capital improvement program should have a place holder for this potential project. He noted the quote to nm fiber from City Hall to the SSCC seems high and Staff and Councilmember Zerby believe it can be made at a lower cost. Councilmember Zerby stated the original intent with this effort was to let the County know the City may eventually want to connect to the ring. He commented it was premature to bring this before Council at this stage in the process because a lot of information is missing. He stated including the four facilities in the plan raises the price considerably. Approximately one -third of the $82,000 cost is for connecting City Hall to the ring. He noted that bringing fiber to the public safety facility involves the other member cities of the joint powers organizations. He stated his preference is to start with City Hall first and at some future date consider the other three facilities. Councilmember Siakel stated she would like to have a lot more information. She is not ready to make a decision this evening. She also wants it to have a detailed ROI done. An eight -year ROI is too long. She asked what connecting to the ring would mean to day -to -day operations for the City. She stated she would like to know what the impact would be on the business, and how the City would justify this type of expense. She then stated if there is a benefit to connecting the public safety 'facility she hoped something could be worked out with the other member cities of the joint powers organizations. She noted she is not sure what the true benefit of doing this would be to the City. Administrator Heck stated Staff is not asking Council to approve the project this evening. Staff only wants to know if Council wants to continue to research the details of it further. Staff wanted to share the additional information it has gathered. Mayor Lizee stated if the project were to be approved she preferred it be done in phases. She then stated the future of Badger Park needs to be considered. The question of whether or not fiber to the SSCC will be part of the redesign needs to be answered. Depending on what happens with the Park the route for fiber to the SSCC could vary. Councilmember Hotvet stated she also wants more information. She wants to know how the schools in the Minnetonka School District tie into this. She asked what Hennepin County's plans are with regard to fiber connectivity. Administrator Heck stated at this time Hennepin County doesn't have much going on with regard to fiber connectivity. He explained Anoka County is installing a fiber ring, Scott County either has done or is in the process of doing that, and Carver County is in the process of doing that. He noted that rural comities have received considerable federal grant money for the build outs. Hennepin County is not considered rural. Hennepin County does have fiber connectivity to some of its libraries. The Minnetonka School District is connected by fiber and it will be connected into the ring through Minnetonka Middle School West. Councilmember Hotvet asked if the businesses located in the area are interested in fiber connectivity. Administrator Heck responded he doesn't know. The consultant to Carver County and to the School District has indicated if a couple of businesses want access to fiber connectivity there may be some possibility. Councilmember Zerby stated from his vantage point he thought it prudent to explore connecting to the ring. It would be important for today and for the future to put that connection in place. It would provide the band width for some time going forward. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 9 of 10 Councilmember Woodruff stated virtually all schools in the metropolitan area have fiber connectivity between their buildings, and the Minnetonka School District is not exception. If the District connects to the ring its connection speed of its network will increase and it will get a relatively low cost connection to the outside world. He then stated the Carver County project as a county project is a government only network. The County is installing additional fiber that it intends on leasing to private entities which in turn may potentially build it out for commercial and residential use within the County. He commented he thought the private part of that initiative is still ill defined. The County is in the process of connecting its public facilities. There was Council consensus for Staff to gather more information. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated he is in the process of preparing an outline for the GreenStep Cities program. The City's resolution was sent to the Minnesota Pollution Control Agency. Staff is in the process of gathering energy use data and that should satisfy a couple of the best practices action items. He then stated he has not heard from the Minnehaha Creek Watershed District about what the Department of Natural Resources thinks about the joint powers agreement for the Christmas Lake aquatic invasive species pilot project. The City is waiting on one more piece of electrical connection before the arms can go on to the gate posts for the gate at the Christmas Lake boat launch. Director Brown noted the electrical connection will be completed on October 27"' and the gate will be tested on November 1". Director Brown stated the curb at Waterford Place was removed and replaced today. Restoration will be completed in the next week or two. Director Nielsen stated this past weekend was the second weekend for harvesting deer. Over the first weekend 11 deer were harvested and this past weekend 8 deer were harvested. Nineteen is just a few less than what was harvested in total during the 2010 harvesting activities. Mayor Liz& stated Tonka Bay Councilmember De La Vega had indicated to her that the City of Tonka Bay may be interested in being part of the 2012 program. She asked if the Metro Bowhunters Resource Base would be interested in expanding its efforts to Tonka Bay. She noted there is a heavy deer run area between the City and Tonka Bay. She asked Director Nielsen to contact Tonka Bay Mayor LaBelle and Tonka Bay Administrator Kohlmann. 1. Monthly Budget Report Director DeJong stated the meeting packet contains a copy of the September 2011 Monthly Budget Report. The budget is on target. 2. Quarterly Investment Report Director DeJong stated the meeting packet contains a copy of the 2011 Quarterly Investment Report. The items on the Report marked with an "in" are matured investments or investments that have been called during the course of the year. At the end of the third quarter there was too much money in cash because there had been about $3 million in investment calls. He has found a couple of suitable investments for CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 24, 2011 Page 10 of 10 some of that cash. In order for investments to earn close to one percent recent they have to have an investment timeframe out three years. B. Mayor and City Council Councilmember Woodruff appealed to the City's residents that live in the Westonka School District to vote in favor of the three bond issues that will be on the school election on November 8, 2011. Councilmember Zerby stated Excelsior Fire District Chief Scott Gerber was awarded the 2011 Minnesota State Fire Chiefs Association ( MSFCA) Officer of the Year Award during the MSFCA annual conference held on October 21". The list of some of his accomplishments proved the award was well deserved. He noted that he, Mayor Lizee, Director Brown and his wife, Administrator Heck, Recording Secretary Freeman, Excelsior Mayor Ruehl and City Manager Luger, and Tonka Bay Councilmember De La Vega were in attendance for the presentation of the award. He noted Gerber, being the humble human being that he is, stated there were others more deserving of the award. Mayor Lizee noted that Chief Gerber was very surprised to be the recipient of the award. She congratulated Chief Gerber, Mayor Lizee reminded residents that the residential survey had been mailed out. She encouraged them to fill out the survey and return it. She wished everyone a safe Halloween. 13. ADJOURN Woodruff moved, Zerby seconded, adjourning the City Council Regular Meeting of October 24, 2011, at 8:29 P.M. Motion passed 5/0. RE,SPECTFULLYSUBMITTED Christine Freeman, Recorder ATTEST: Brian e y Ci r ' nistrator /Clerk Christine Lizee, Mayor