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02-27-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 27, 2012 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. She noted that Councilmember Woodruff is not in attendance this evening, and Councilmember Hotvet will be joining the meeting later. Lizde noted that there will be a City Council Executive Session immediately following this regular meeting. The purpose of the Executive Session is to discuss the City Administrator's performance review. Those Councilmembers present for this meeting and Attorney Keane will participate in the Executive Session. A. Roll Call Present. Mayor Lizde; Councilmembers Hotvet (arrived at 7:28 P.M.), Siakel, and Zerby; Attorney Keane; City Administrator Heck; Finance Director DeJong; Planning Director Nielsen; and Engineer Landim Absent: Councilmember Woodruff B. Review Agenda Zerby moved, Siakel seconded, approving the agenda as presented. Motion passed 310. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, February 13, 2012 Siakel moved, Zerby seconded, Approving the City Council Work Session Minutes of February 13, 2012, as presented. Motion passed 310. B. City Council Regular Meeting Minutes, February 13, 2012 Zerby moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of February 13, 2012, as presented. Motion passed 310. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. Zerby moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 2 of 9 B. Adopting RESOLUTION NO. 12 -010 "A Resolution Granting Preliminary Plat Approval for Christmas Lake Estates." C. Organic Recycling Program Update Motion passed 310. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Sue Hnastchenko of the South Tonka League of Women Voters will speak about the Proposed Constitutional Amendment for Voter ID Mayor Liz& introduced Sue Hnastchenko from the League of Women Voters (LWV) Minnesota (LWVMN) South Tonka. Ms. Hnastchenko is here this evening to give Council a presentation about the proposed Constitutional Amendment for voter ID. Ms. Hnastchenko stated she is a Boardmember for the League of Women Voters Minnesota South Tonka. She thanked Council for the opportunity to come this evening. Ms. Hnastchenko explained that the LWV is a nonpartisan political organization that encourages informed and active participation in government, and influences public policy through education and advocacy. The LWV does not support or actively advocate for a specific party or individual. The LWV does educate, advocate and lobby on specific issues. The LWV has its roots in the suffrage movement. Female voters understand what it was like to not have the right to vote. It's very natural for the LWV to take a stand on the issue of voter ID. The LWV is actively opposing putting a Constitutional Amendment for voter ID on the ballot. The LWV believes voting is a constitutional right of every citizen. It is fundamental to our democracy. It is the County's history and the State's history to expand voting rights for all people, not to withdraw them. Following are the highlights of Ms. Hnastehenko's presentation. The LWV opposes voter ID because: it doesn't think it belongs in the State Constitution; there are checks and balances that already exist within the system to ensure the integrity of the electoral system; it will result in increased costs for local, county and state governments; and, it creates barriers for eligible individuals to exercise their Constitutional right to vote. The LWV doesn't think voter ID belongs in the State Constitution for the following reasons. The Constitution establishes enduring principals that are the foundation of the State's representative government. It is not the place for procedural measures in polling places. Procedures belong in statutes and laws so they can be changed as technology and times change. Voters are being asked to vote without knowing the true definition of what government- issued ID is. The wording in the Amendment is very vague. If the Amendment were to pass it would not be implemented until the 2014 Legislative session. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 3 of 9 The people who crafted the original legislation that was approved by the State Senate and House of Representatives and vetoed by Governor Dayton in 2011 did say this Amendment would be based on the same principal of current voter ID and current address. Military IDs, student IDs and passports would not be accepted forms of ID. There will be implications for the absentee voter. There will also be implications for Election Day registrants. Currently they can bring a utility bill and proof of address and register to vote. It's likely they will be given a provisional ballet, then go and get their government- issued ID and then return to the election office to cast their ballot to have it be counted. Vouching for someone on Election Day would be eliminated. Minnesota's election system is recognized as being excellent. Minnesota is a consistent national leader in voter turnout. Why would the State want to do anything to lose that status? The State's voter registration application contains an oath that the person is eligible to vote and acknowledges that it is a felony to lie. When a voter signs the Voter Roster at the polling place they are in affect taking an oath that is who they are and that they live at the address on the Roster. The voter is also recognizing that if they are lying they are committing a felony that carries up to a $10,000 fine and five years in jail. Minnesota has a number of checks and balances to verify voter identity throughout the system before Election Day, on Election Day and after Election Day. Each voter has a history that moves with them when they change their name, their address and their state. If a voter did not vote in the last election their name is taken of the Voter Roster and they have to go through the verification processes again. The State's election system was tested for honesty in the most recent statewide recounts. There is only one type of fraud that a voter photo ID is going to prevent and that is impersonation. Minnesota has never had a single case of voter impersonation in voting history. The only problem in the system is felons voting before completing probation in certain situations. That rate is 0.0006 percent. The problem with felons voting would not be solved by photo ID because a driver's license or government - issued ID does not say the person is a felon. This needs to be addressed. The increased costs for local, county and state governments seem to be being over looked. All cost estimates projected for voter ID are costs that would be incurred by the State. The costs do not include those that would be incurred by local and county governments. The cost estimates are for the photo ID. The voter ID requirements would have to be used for all elections at the school, city, county and state level. The new system will require educating election officials, election judges, and city clerks. It appears there will be a provisional ballot process and that will require additional work. It's estimated that each precinct will need two additional judges, ballot boxes, and paper work. The ballots will have to be secured until all of the provisional ballots have been turned in. The number of days for the provisional ballot time keeps changing. Election offices will have to stay open for that time. The LWV is concerned about the barriers voter ID will create for eligible individuals who want to exercise their Constitutional right to vote. A document produced by the Brenna Center for Justice (the Center) which was provided to Council talks about barriers to citizens and it also breaks down the costs to local governments. The Center estimates that approximately 1 I percent of the United States citizens lack a valid photo ID. Requiring voter ID would suppress the vote of the most vulnerable members of society. Elderly, disabled, and low - income voters often have no current photo ID and are less likely to have transportation and the means to get an ID. Eligible minority voters are Less likely than eligible white voters to have a current photo ID. Over 18 percent of people between 18 and 24, including students, do not have a current photo ID. Because of the short amount of time between when students start college away from home and the elections many of they will not have the opportunity to get a government - issued CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 4 of 9 ID with their school address on it. Those are the people that should be encouraged to participate in government. The State must provide a free Voter photo ID to those who need or want one and it must also educate voters. The cost estimate prepared by Minnesota Management and Budget is $5 million. There have been lower estimates and higher estimates thrown out. That figure does not include any local government costs. Individuals needing to get an ID will bear a cost for secondary documentation such as birth certificates and marriage licenses. Many people cannot afford to nor have the opportunity to take time off of work to go to the Department of Vehicle Services to get a government- issued ID. That is more of a hardship issue in outstate Minnesota. For example, the closet Department of Vehicle Services office for people who live in Sauk Center is in St. Cloud and that is about 100 miles away. True election integrity does not come from a Constitutional Amendment for voter ID. It comes improving the processes for registering voters and maintaining voter lists, recruiting more election judges and ensuring they are well trained in election law, and making sure that felons who have had their right to vote taken away from know how and when they can get their right to vote back. This concludes Ms. Hnastchenko's presentation. Councilmember Siakel told Ms. Hnastchenko that she did a nice job of recapping and presenting this topic. Siakel thanked her. Ms. Hnastchenko stated that she thought voter ID has been simplified in the news. She thinks they are a lot of hidden costs and barriers that would result from this legislation. A person in the audience stated the State of Wisconsin has voter ID. She saw something on the news about an elderly woman who has voted in every election in the State of Ohio where she had lived. This woman relocated to Wisconsin to live near her daughter. The elderly woman can't vote in Wisconsin because she can't find her birth certificate and to compound things she was bony at home. Ms. Hnastchenko stated many presentations like this have been given and most people can think of someone who will need a government-issued ID. Mayor Liz& stated there are a lot of issues and nuances' about this that need to be shared. She noted that the LWV has prepared a video on this topic. She stated there isn't time to show the video this evening but Ms. Hnastchenko could be invited back to do that. She suggested Ms. Hnastchenko leave information at City Hall if she has any. She stated voters could also contact the LWV of South Tonka if they want information. She then stated that it doesn't make sense to do this in the City of Shorewood. She noted that Administrator Heck sent a letter to State Senator Gen Olson outlining the City's arguments against this. She asked Heck if he has gotten any feedback from Senator Olson. Heck noted he sent the letter on February 21, 2012, and that there was a hearing on this topic on February 22, 2012. He has not heard back from Senator Olson. Ms. Hnastchenko stated the Amendment was passed in the hearing on February 22 " A person in the audience asked if the City has estimated what it would cost the City for voter ID. Mayor Lizde stated the City has not done that. She noted each year's General Fund budget includes a line item for elections. She expressed that city elections are administered to ensure there is no miscount or CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 5 of 9 voter fraud throughout the election process, from training election judges to conducting recounts, when necessary. Councihnember 'Zerby stated the video Ms. Hnastchenko referred to is on the LWV of Minnesota's website. Ms. Hnastchenko stated the website is wwwlw t� and when a person clicks on the icon I Oppose Voter ID it will direct the person to the video and the outtakes. Mayor Liz& thanked Ms. Hnastchenko for coming this evening and sharing information. She noted this meeting is being video recorded for viewing at a later date. Councilmember Hotvet arrived at 7:28 P.M PARKS A. Report on February 14, 2012, Park Commission Meeting Commissioner Edmondson reported on matters considered and actions taken at the February 14, 2012, Park Commission meeting (as detailed in the minutes of that meeting). Edmondson noted that the Commission encouraged Eagle Scout candidates to come forth with project proposals they can do for the City. B. Ice/Warming House Policy Zerby moved, Siakel seconded, approving the City of Shorewood's Outdoor Skating Rinks and Warming House Policies as presented. Motion passed 4/0. 8. PLANNING A. Report on February 21, 2012, Planning Commission Meeting Commissioner Davis reported on matters considered and actions taken at the February 21, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). B. Minor Subdivision /Combination and Lot Width /Area Variance Applicant: Mike and Elizabeth Cannon Location: 28170 / 28180 Woodside Road Mike Cannon, the applicant, stated he is present to answer any questions Council may have. Director Nielsen explained that Mike and Elizabeth Cannon own the property at 28170 Woodside Road. They are proposing to convey a small portion of that lot to the limited liability corporation that owns the lot to the south at 28180 Woodside Road. Both lots are somewhat substandard in terms of width for the R -IA /S, Single - Family Residential /Shoreland zoning district in which they are located. Mr. Cannon proposes conveying the small triangle in the southeast corner of the 28170 property to the 28180 property to equalize the width of the two lots and bring both of them into compliance with City's Zoning Code relative to nonconforming lots. Nielsen then explained the City's zoning regulations require substandard lots to meet at least 70 percent of the width and area requirements of the zoning district in which the lot is located in order for it to be considered buildable. The R -IA /S zoning district requires lots to have 40,000 square feet in area and 120 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 6 of 9 feet of width, as measured at the building line (front setback). Currently, the northerly lot contains 37,155 square feet of area and is 98.5 feet in width. The southerly lot contains 39,495 square feet of area and is 71 feet in width. The proposed division /combination results in the northerly lot having 35,687 square feet of area and 95 feet in width, both of which exceed the 70 percent standard. The southerly lot will have 39,045 square feet (after dedicating 17 feet of public right -of -way for Woodside Road) and 84 feet in width. Both area and width for the southerly lot will meet or exceed the 70 percent requirement. The applicant has also provided drainage and utility easements around both of the lots. The two lots share a driveway and will continue to share a portion of it for the near future. Nielsen noted the Planning Commission held a public hearing on this during its February 8, 2012, meeting. Staff and the Commission unanimously recommend Council approve the minor subdivision /combination and lot with /area variances. Councilmember Zerby stated the applicants have submitted a good plan and it appears to have been well studied by Staff and the Planning Commission, Mayor Liz& concurred. Mayor Lizde expressed her appreciation that the Staff, the Planning Commission and the applicants worked together on this. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 12 -011 "A Resolution Approving a Subdivision and Combination of Real Property and Lot Width and Area Variances for Michael and Elizabeth Cannon." Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Accept Plans, Specifications and Authorizing Advertisement for Bids for Mill & Overlay of Streets in 2012 Engineer Landini explained the 2012 Capital Improvement Program has earmarked $298,000 for the 2012 mill and overlay project. Streets chosen for mill and overlay must have a foundation capable of supporting the surface and have a PASER (pavement surface evaluation and rating) rating of 4 or higher. The streets chosen for 2012 are Clover Lane, Club Lane, Elder Turn, Knightsbridge Road, Lakeway Terrace, Pleasant Avenue, Tee Trail, Wood Drive and Wood Duck Circle. He stated this evening he is asking Council to authorize the advertisements for bid for this project. He noted the bid opening for this project is scheduled for April 2, 2012, at 10:00 A.M. Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 12 -012 "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for 2012 Mill and Overlay City Project 12 -02." Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Appointments to the Park Commission Mayor Liz6e stated earlier this evening Council interviewed two applicants for the two Park Commission seats that will become vacant on March 1, 2012. The two seats are for three -year terms. She noted Justin Mangold is a new applicant and Bob Edmondson currently serves as a Commissioner. She thanked them for taking the time to be interviewed. Councilmembers Siakel and Zerby stated they were impressed with the candidates. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 7 of 9 Siakel moved, Zerby seconded, Adopting RESOLUTION NO 12 -013, "A Resolution Making the Appointments of Bob Edmondson (3 -year term) and Justin Mangold (3 -year term) to the City of Shorewood Park Commission effective March 1, 2012." Motion passed 4/0. B. Appointments to the Planning Commission Mayor Lizee stated that just prior to this meeting Council interviewed two applicants for the two Planning Commission seats that will become vacant on March 1, 2012. She noted Larry Muehlberg is a new applicant and Ed Hasek currently serves as a Commissioner. She thanked them for taking the time to be interviewed. Zerby moved, Adopting RESOLUTION NO 12 -014, "A Resolution Making the Appointments of Ed Hasek (3 -year term) and Larry Muehlberg (3 -year term) to the City of Shorewood Planning Commission effective March 1, 2012 ". Councilmember Hotvet asked if it is possible to appoint just one of the applicants. Councilmember Zerby explained the motion on the table is to appoint both applicants. Siakel seconded. Motion passed 311 with Hotvet dissenting. C. Hennepin County Dispatch Charges Administrator Heck explained that in 2011 Hennepin County Sheriff Stanek asked Council to adopt a resolution supporting the construction of a new Sheriff s Office 911 Emergency Communications Center (the Center). The new Center would be constructed in the City of Plymouth. The Hennepin County Board of Commissioners (the Board) has approved that project. The Board is considering charging for dispatch services. The resolutions of support for the new Center adopted by the Cities served by the South Lake Minnetonka Police Department (Excelsior, Greenwood, Shorewood and Tonka Bay) and served by the Excelsior Fire District (those same four Cities plus Deephaven) were done with the understanding that that the costs for dispatch services would not be passed on to the public safety organizations and the Cities. Heck then explained Mayor Lizee received a letter from Sheriff Stanek stating the Board is considering the possibility of charging communities for dispatch services. Stanek indicated in his letter that he does not support doing that while noting that is the Board's prerogative. Stanek encouraged member communities to let their respective representatives on the Board know that they want the dispatch services to continue to be at no cost. Heck noted the SLMPD Coordinating Committee supported SLMPD Chief Litsey sending a letter to Commissioner Callison expressing the Committee's desire to have the Sheriffs Office continue to dispatch services at no charge. The Committee encouraged each SLMPD member city to also send a letter to Commissioner Callison. Heck asked Council if it would like him to draft a letter to Commissioner Callison expressing the City's desire to have the Sheriffs Office continue to dispatch services at no charge. Councilmember Siakel expressed her support for Administrator Heck writing a letter. She asked if Heck wanted Council to pass a motion for this. Councilmember Zerby stated residents are already paying for those services through the taxes they pay Hennepin County. He then stated charging for dispatch services places more of a burden on cities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 8 of 9 There was Council consensus to have Administrator Heck draft a letter for Commissioner Callison under Mayor Liz6c's name. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. GreenStep Cities Update Administrator Heck explained an outside company did an energy assessment of City Hall earlier in the day. Building Official Pazandak was present for the assessment. The findings indicate the output of energy at City Hall is less than what similar facilities have. The company stated some energy output could be saved by installing motion- sensing lights in certain areas. The company commented on the lighting system in the lower level of City Hall; an area not used very much. The company may recommend replacing the lighting system down there. Heck then explained Council directed Staff to research installing a third camera in the Council Chamber as well as an overhead microphone (mic) in the audience area of the Chamber. The firm who put the sound system into the Chamber expressed concern that the overhead mic may interfere with the rest of the system too and provide too much feedback. That firm suggested having that mic connect into the audio recording system but not to the speakers in the Chamber to avoid that problem. There may be a need for an additional monitor for the third camera. Heck noted park recycling containers have been delivered and they will be put into the parks as soon as weather permits. He noted the two organics collections haulers will contract directly with the individual residents. He stated the City will do the marketing campaign for the organics collections pilot project. 2. Department Project Update Administrator Heck noted that each department head will provide an update on what they are working on. Engineer Landini noted that he is working on the 2012 mill and overlay project Council considered earlier this evening as well as the sealcoat project and stormwater improvements in the east end of the City. He stated on March 9, 2012, he will attend a meeting about the tree restoration project near East Stratford Place and Apple Road for the creek restoration project. Mayor Lizee noted she spoke with some of the property owners in that area this past weekend and she stated she will attend the meeting. Lizee thanked Landini for providing her that information. Director DeJong stated the Finance Department is working on year -end journal entries in preparation for the 2011 financial audit and doing final financial reports for 2011. He is working on a couple of legislative items. He is involved in a process to minimize some of the reporting the Governmental Accounting Standards Board is considering requiring of cities. As part of their annual financial report cities would have to provide a five -year prospective of summaries of revenues and expenditures. He is working with the League of Minnesota Cities and Metro Cities to by and head off additional reporting requirements of an unfunded mandate on reporting budget information twice to the Office of the State CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 27, 2012 Page 9 of 9 Auditor. He then stated per the agreement to provide some financial services to the City of Excelsior he has processed two payroll periods, one claims list and processed Excelsior's utility receipts for last month. He noted the two Cities have similar charts of accounts so it makes doing Excelsior's work relatively easy. Director Nielsen stated the Planning Commission has recommended Council approve a farm animal ordinance and an ordinance amendment on allowable front yard encroachments. They will be on Council's March 12, 2012, meeting agenda. He is in the process of scheduling a government training session for some Saturday in April. One segment of that session will include a presentation on senior housing. He attended a diseased tree inspection training program put on by the Minnesota Department of Natural Resources. It's possible the Bill Erickson plat may be on Council's March 12, 2012. Staff has been working with an owner of a property on Lafayette Avenue. The property is very substandard and the owner proposes to rebuild the house under the existing nonconformity rules adopted in 2011. He noted the Christmas Lake Homeowners Association has agreed to fund the cost of 100 percent aquatic invasive species (AIS) inspections (above the $10,000 contributed by the Mirmehaha Creek Watershed District) at the boat landing at Christmas Lake for 2012. The AIS working group has a meeting scheduled for February 29 "' to talk about inspection details. B. Mayor and City Council Councilmember Hotvet noted David Bigham, a very special resident of Shorewood and member of the community, passed away on February 22, 2012. Mr. Bigham was a very special mentor, a community leader and a friend to many. He was a great human being. His passing is a big loss for the community. 13. ADJOURN Zerby moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 27, 2012, at 8:03 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: 3 m -L�� Christine Lizee, Mayor Jea r Panchyshyn, Depu City Clerk