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07-23-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 23, 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 7:01 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Hotvet, Woodruff and Zerby; Attorney Keane; Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Couneilmember Siakel B. Review Agenda Zerby moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 9, 2012 Woodruff moved, Hotvet seconded, Approving the City Council Work Session Minutes of July 9, 2012, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, July 9, 2012 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of July 9, 2012, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. Zerby moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Award Pavement Marking Project, City Project 12-09 C. Approval of the Hennepin County Residential Recycling Grant Agreement Motion passed 4/0. 4. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 2 of 8 There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS A. Ken Hendrickson, Lake Minnetonka Communications Representative (LMCC), Report on LMCC Activities Mayor Lizee stated Ken Hendrickson, the City's representative to the Lake Minnetonka Communications Commission (LMCC), is present this evening to give a report on LMCC activities. Mr. Hendrickson noted that Councilmember Zerby has taken over his spot on the LMCC Executive Committee for the second half of 2012 because he has some significant schedule conflicts. He extended his appreciation to Zerby for doing that. He also noted that Zerby is on the LMCC Budget Committee and the LMCC Franchise Committee. Mr. Hendrickson stated there are two major activities for the LMCC for the remainder of 2012. They are the franchise renewal and the 2013 budget process. Mr. Hendrickson explained developing a workable budget is somewhat challenging. It is costing the LMCC a little more money than originally anticipated to support the franchise renewal effort. There is also a desire to increase the services provided by the LMCC such as live streaming of council meetings. The LMCC's operational costs are increasing. There is the potential for a decrease in cable television viewership. The franchise fees and PEG (public, educational, and government) fees support LMCC oversight and the capital portion of programming activities based on cable television only. To remedy the loss in revenues the LMCC is assessing whether or not to increase the PEG fee. The current PEG fee is $0.85 a month and the LMCC's consultant has related that is low. Mr. Hendrickson stated the LMCC is actively courting the City of Mound. He explained Mound receives a very good deal from the LMCC. The Cities of Shorewood and Mound are relatively the same size. Yet Mound gets a lot of services from the LMCC for a lot less money than Shorewood pays. He noted Shorewood's two representatives to the LMCC have been actively campaigning to have Mound pay its fair share. Mr. Hendrickson stated the franchise renewal process is still in progress. He noted the LMCC probably has the largest number of cities under one franchise agreement in the United States. He stated the future of how content is delivered is rapidly evolving. Mr. Hendrickson asked if Councilmember Zerby had anything to add to his report. Councilmember Zerby stated the LMCC is pursuing getting the City of Wayzata to become part of the LMCC. Currently Wayzata has its own cable channel. Unfortunately, Wayzata would want to continue to have its own channel and there aren't enough local government channels to allow each LMCC member city to have its own channel. He noted that the PEG fee is not paid by people who access the LMCC through the internet. It is paid by cable television users only. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 3 of 8 PARKS A. Report on the July 10, 2012, Park Commission Meeting Commissioner Mangold reported on matters considered and actions taken at the July 10, 2012, Park Commission meeting (as detailed in the minutes of that meeting). S. PLANNING A. Our Savior's Lutheran Church Conditional Use Permit for Dynamic Sign Director Nielsen explained Our Savior's Lutheran Church, 23290 State Highway 7, proposes to replace their existing freestanding sign at the front of their property with an alpha numeric digital sign in the same location. The City Ordinance was changed in 2011 to allow dynamic signs and the application is consistent with the requirements imposed by the Ordinance. The illustration of the sign included in the meeting packet shows an angled, two -face sign. The applicants are proposing a back to back, double - faced instead. Doing so allows them to comply with the maximum sign area requirement whereby only one side of the sign is counted. The applicants did a nice job of resolving things brought up in the Ordinance and by the Planning Commission. Nielsen noted the Planning Commission recommended approval of the Conditional Use Permit for the dynamic sign subject to the message remaining static for at least 90 minutes at a time and programing the sign to remain static between the hours of 10:00 P.M. and 6:00 A.M. because of its proximity to a residential neighborhood. Councilmember Zerby stated he thought Staff did an excellent job on this C.U.P. request. Interim Administrator Joynes noted that at the dais this evening was a copy of a revised resolution in which the date was corrected. Zerby moved, Hotvet seconded, Adopting the corrected RESOLUTION NO. 12 -046 "A Resolution Granting a Conditional Use Permit for a Dynamic Display Sign for Our Savior's Lutheran Church, 23290 State Highway 7." Motion passed 4/0. B. Jeff and Heather Johnson — Conditional Use Permit for Front Yard Fence Director Nielsen explained that Heather and Jeff Johnson, 23625 County Road 19, have applied for a conditional use permit (C.U.P.) to construct a six -foot high, alternating board on board fence across the front of their property. He explained the City's Ordinance states at person construct a six -foot high fence by C.U.P. along a minor arterial street, but it does require a C.U.P. He noted this is an after - the -fact C.U.P. request. He explained the applicants put up the fence without obtaining a C.U.P. Nielsen stated the applicants knew what the City's rules were and they built it according to the C.U.P. requirements. He explained the fence must be located eight feet back from the right -of -way (ROW) line. The eight feet is intended to be landscaped to soften the view of the fence from the roadway. The fence is located 20 feet back from the Country Road 19 ROW line. Nielsen highlighted the landscaping sketch submitted by the applicants. The applicants propose to plant a combination of climbing vines and four spruce trees. He explained that Staff had recommended that a half CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 4 of 8 a car length (10 feet) of a car in the driveway should be visible to traffic on Smithtown Road. The easiest way to do that is to eliminate the westerly -most spruce tree. Nielsen noted the Planning Commission recommended approval of a conditional use permit for Heather and Jeff Johnson, 23625 County Road 19, subject to working with Staff to resolve the sight triangle issue (the agreed upon solution is to eliminate the one spruce tree), and having the resolution approving the C.U.P. state that the conditional use permit is valid as long as the proposed/required landscaping is maintained and replaced if it dies or is substantially close to dying. Woodruff moved, Hotvet seconded, Adopting RESOLUTION NO. 12 -047 "A Resolution Granting an After- the -Fact Conditional Use Permit for a Six -Foot Fence in Front yard for Jeff and Heather Johnson, 23625 Smithtown Road." Motion passed 4/0. Mayor Lizde thanked Staff and the Planting Commission for its efforts 9. ENGINEERING /PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Discussion Regarding Social Host Ordinance Director Brown noted that he began working on this when he was serving as the interim city administrator prior to Interim Administrator Joynes being hired as a consultant in that capacity. Brown explained that Tonka Cares is a community coalition working to reduce illegal substance use among youth in the Minnetonka School District. Tonka Cares and South Lake Minnetonka Police Department (SLMPD) Chief Litsey are recommending that SLMPD member cities approve a social host ordinance. He stated scheduling conflicts prevented both Ms. Imogen Davis, with Tonka Cares, and Chief Litsey from being here this evening. Ms. Davis had hoped to make a presentation to Council on this item. Both individuals wanted this to move forward even though they could not be here. Brown then explained that during its June 2009 meeting the SLMPD Coordinating Committee endorsed the enactment of a common social host ordinance in the SLMPD member cities. The ordinance was consistent with the social host ordinance adopted by the Minnetonka City Council. He noted Minnetonka's Ordinance has stood the test of time. The topic of a social host ordinance was discussed during Council's June 22, 2009, meeting and Council asked for additional information. Brown stated he discussed with Chief Litsey who can be charged in the event there is a party where people who are underage were drinking. The situation that has been contested the most is whether or not a person is liable or criminally responsible if they were not aware that a party was to occur. He cited the following provision in Minnetonka's Ordinance which states "A person is not criminally responsible under this ordinance if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in paragraph 1 above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 5 of 8 Brown then stated that Chief Litsey is asking the City to adopt this ordinance over time. If Council is amendable to considering such an ordinance Staff recommends using Minnetonka's Ordinance as a model ordinance and putting it into a form consistent with the format of the City of Shorewood's Ordinances. Mayor Lizee thanked Director Brown for assembling all of the material included in the meeting packet related to this topic. She explained that a social ordinance would have to be adopted by all four of the SLMPD member cities in order for the SLMPD to enforce it. She noted that the Minnetonka City Council adopted its Social Host Ordinance in May of 2009. She stated she thought Minnetonka's Ordinance is a workable ordinance for Council to consider. She then stated that Chief Litsey and Ms. Davis would be willing to make a presentation to Council on this topic if that is what Council desires, noting there are two new Councilmembers since the last time this was discussed. She expressed she would like this come back for Council discussion. She asked Council if it would like to have a presentation by Tonka Cares. Councilmember Hotvet stated she is involved with a couple of committees within the School District and that Ms. Davis approached her about this item. She commented that things have changed rapidly with regard to social hosting and laws since the Minnetonka's Ordinance went into effect. She stated she thought this is a leadership opportunity for Shorewood to demonstrate that it is working together with the SLMPD and the School District, supporting surrounding cities and addressing the safety issue. She explained the most important demographic to focus on in a social host ordinance is individuals who are just beyond the legal drinking age. She noted safety should be the top priority. She stated she would like to have the model ordinance come back to Council for discussion. Councilmember Woodruff stated he was on the Council when this was discussed during June of 2009, and that he does not think Council has been provided any new information from that which was provided then. He then stated the material in the packet states the City of Greenwood chose not to approve a social host ordinance. He commented that he does not know what the SLMPD member Cities of Excelsior and Tonka Bay chose to do or what other surrounding cities chose to do. Woodruff then stated that at the time the previous Council discussed this topic the League of Minnesota (LMC) did not take a position on a social host ordinance. He noted he would like to know what the LMC's position is now and what Metro Cities' position is. He stated based on the discussion in 2009 and the materials in the meeting packet he has the same concerns he had in 2009. He then stated that he would be willing to participate in a discussion if Council were provided with new / updated information. Councilmember Hotvet stated she would like to have Ms. Davis and /or Chief Litsey talk to Council about this. Director Brown noted that the meeting packet does contain some new information since 2009. It contains a two to three month old list of all of the cities and counties who have adopted a social host ordinance, those cities that are considering an ordinance, and the two counties and one city who voted it down. The LMC's opinion is current as of a couple of weeks ago. Mayor Lizee stated that Chief Litsey will present the SLMPD 2013 Operating Budget during Council's August 13, 2012, work session and maybe he can discuss a social host ordinance then. She noted the Excelsior and Tonka Bay City Councils have not formally considered an ordinance. She explained the Greenwood City Council considered an ordinance when it came out in the City of Chaska before it was adopted by Minnetonka. She stated she thought the Greenwood Council may be willing to reconsider this if the other SLMPD member cities are willing to adopt an ordinance especially if the Shorewood Council takes a leadership role. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 6 of S Lizde stated Chief Litsey and Tonka Cares will be contacted about coming to Council's August 13, 2102, meeting. B. Constitutional Amendment Regarding Elections hrterim Administrator Joynes explained the City received a request from the American Civil Liberties Union (ACLU) regarding the Voter ID Constitutional Amendment that will appear on the ballot on November 6, 2012. The request was for voting statistics and provisional ballot costs. That information is included in the meeting packet. The ALCU asked the City if it would be willing to take a position on the Amendment. Staff is asking Council to direct Staff on how to proceed. A person can review information both for and against the Amendment on the Secretary of State's website http:/ /www.sos.state.mn.us /index.aspx ?page =1719. The estimated cost to the City would be approximately $3,800 if the amendment were to pass. If Council wants to consider a resolution, Staff will draft a resolution for consideration during Council's August 13, 2012, meeting. Councilmember Woodruff noted his paper copy of the meeting packet did not contain a copy of the Staff memorandum for this agenda item or the statistical and cost information. He was provided a copy at that time. He noted he is torn on what to do. He stated the residents of Shorewood elect the Councilmembers to deal with issues within the City. From his vantage point taking a position on behalf of the residents is not the best thing to do. He tempered that with the approximate $3,800 cost and all of the administrative stuff the City has to go through to deal with the ramifications of that legislation. He went on to state it is his understanding that the League of Minnesota Cities (LMC) and the Association of Metro Cities have positioned against the Amendment. He noted that he is leaning toward saying he does not support the amendment, yet he is very uncomfortable with Council taking a position on against something that is on the State ballot. Councilmember Hotvet stated during the first meeting of the LMC Improving Service Delivery Policy Committee last week the general consensus of the Committee members in attendance was their primary concern is the cost they would have to pay to adhere to the Amendment should it be voted in. She noted it is difficult for the cities to determine what to budget for this additional provisional ballot cost. Mayor Lizde stated because the proposed Constitutional Amendment will be on the ballot it is up to every voter to vote their preference. She then stated the Amendment would create a financial burden on the City and any other local government. There will have to be a process to handle the provisional ballots, more judges will be needed and additional training provided for the judges. She noted a number of things have not been clearly defined in the Amendment. Many of them will be decided after the election by the State Legislature. She went on to state that from her vantage point the Amendment will disenfranchise a lot of the voters in the City. She noted the League of Women Voters Minnesota South Tonka gave a presentation to Council about the proposed Amendment. She expressed her preference is to have the City take a position not to support it. Councilmember Zerby stated the costs are very concerning. He then stated based on what he understands it is a problem that does not need solving. The State has gone through a couple of very close elections that were heavily scrutinized and there has been a very negligible issue with voter fraud. He went on to state it is concerning the way the question is proposed to be asked on the ballot. He does not think it provides the voters with a lot of information. He noted he thought it is important for Council, as elected officials, to provide feedback on it. He stated he thought the Amendment would create an unnecessary barrier for a lot of voters such as the elderly, students, military personnel who are away on duty, the disabled and so forth. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 7 of 8 Zerby then stated that talking about this in a meeting that can be viewed on cable television or on the internet is beneficial. He is not sure a resolution would productive. He noted he would probably support a motion adopting a resolution against the Amendment, but he is not sure he would make a motion to do that. He again noted he was pleased Council discussed this during this meeting. I-Ie also noted that he does not think this Constitutional Amendment should be passed. Councilmember Woodruff expressed his agreement with Councilmember Zerby's perspective that it has been a worthwhile thing to have discussed this during a Council meeting that will be aired on television and documented in the minutes of the meeting. He stated he thought it is up to the voters to decide. It is not up to Council to tell the voters what to think. Mayor Liz& stated she wants there to be continued discussion during Council's August 13, 2012, meeting and to have a formal resolution in opposition to the Amendment drafted for discussion. Councilmember Hotvet stated she would like to have an opportunity to look at what resolution in opposition to the Amendment would read like. Staff noted it will draft a resolution in opposition to the Amendment for Council's August 13 meeting. 11. OLD BUSINESS None. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Financial Report Director DeJong noted the meeting packet contains a copy of the May 2012 Monthly Budget Report. Other Director Nielsen stated he met with Metro Bowhunters Resource Base (MBRB) representatives earlier in the day about the annual Deer Management Program. They went to look at sites. They have identified at least two new sites and hope to get two more. An orientation meeting is scheduled for September 20` for those who will participate in the Program. B. Mayor and City Council Councilmember Zerby stated he attended the Excelsior Firefighters Relief Association (EFRA) fundraising dance on July 20` New to the event was a silent auction with many items for auction. He thought it was great to see the community participate. He extended his thanks to the local retailers and merchants who contributed items to the auction. He noted the event was for a very good cause. He then extended his thanks to Director Brown and the Public Works Department personnel for providing safe parking for attendees. Councilmember Hotvet stated she attended the first meeting of the LMC Improving Service Delivery Policy Committee last week. She noted there is a new law that went into in effect that allows electronic bikes to be on trails. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 23, 2012 Page 8 of 8 Councilmember Woodruff stated Metro Cities is going to start its legislative policy discussions this week. On July 24, 2012, is the first of the Revenue and Taxation policy meetings. He has attended those meeting the last three years and he will be attending them again this year. He reminded residents that the filing period for the election for Council seats is from July 31 — August 14, 2012. He asked Staff what the status is of the 2011 Financial Audit. Interim Administrator Joynes stated Staff needs to transmit a little more information to the auditors. Woodruff asked if Council will see it by the end of August. Joynes responded he thought so. Mayor Liz& noted that she will attend the Excelsior Fire District Board meeting scheduled for July 25` in place of Councilmember 'Herby. She also noted that she received a letter from the Meloche family on Birch Bluff Road encouraging the City to keep up with the expansion of the City's water system. They have found their private well water has arsenic in it. They have resorted to using bottled water and are not happy about it. 13. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Council Regular Meeting of July 23, 2012, at 7:46 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor S. JoyrfiesiInferim City Administrator /Clerk