Loading...
08-13-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 13, 2012 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Hotvet, Siakel, Woodruff and Zerby; Attorney Keane (arrived at 7:03 P.M.); Interim City Administrator Joynes; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Interim Administrator Joynes asked that Item 10.8 Write -off of Uncollectible Accounts Receivable be removed from the agenda. Zerby moved, Siakel seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 23, 2012 Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of July 23, 2012, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, July 23, 2012 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of July 23, 2012, as presented. 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 B. Approving ORDINANCE NO. 497 "An Ordinance Amending the Shorewood Municipal Code as it Pertains to Supplemental Feeding of Deer." C. Contract for Drug and Alcohol Testing Services for Licenses Commercial Drivers CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 2 of 13 D. Adopting RESOLUTION NO. 12 -048 "A Resolution Accepting Bid and Awarding Contract for the 2012 Rehabilitation of Lift Station 5 and 6, City Project No. 12 -06." E. Postage Meter Lease Renewal F. Authorizing Submittal of the Three Rivers Park District Regional Trail System 2012 — 2013 Winter Use Permit G. Accept Proposal for Lift Station Controls for Lift Station 5 and 6 Rehabilitation, City Project 12 -06 H. Adopting RESOLUTION NO. 12 -049 "A Resolution Appointing Peter Beck as a Hearing Officer for the City of Shorewood." I. Adopting RESOLUTION NO 12 -050 "A Resolution Approving State of Minnesota Joint Powers Agreements with the City of Shorewood on Behalf of Its Prosecuting City Attorney and Police Department." Councilmember Woodruff stated the bid for the rehabilitation of Lift Station 5 and 6 is significantly higher than what is budgeted for. He asked if there is something unique to this project that makes it more costly or should the costs in the Capital Improvement Program (CIP) be adjusted upward for future projects. Director Brown stated that particular project has some unique characteristics with one of them being the need to replace a very long driveway. 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 A. Social Host Ordinance Director Brown explained that during its July 23, 2012, meeting Council discussed if a social host ordinance should be considered for approval. Council directed Staff to use the City of Minnetonka's Social Host Ordinance as a model and to adapt it to a format consistent with Shorewood's ordinances. The meeting packet contains a copy of a draft ordinance. He noted that Staff did not provide Council with all of the supporting information it provided Council for its July 23` meeting. He stated South Lake Minnetonka Police Department (SLMPD) Chief Litsey is present to answer any questions Council may have. Mayor Liz6e noted Council has talked about this topic in the past and Council has been provided with a great deal of information about it in the past. She asked Chief Litsey if he has anything he would like to say. Chief Litsey expressed his appreciation for the Council and Staff had done regarding this, as well as all of the work Director Brown did on it when he was serving as the Administrator. He noted he tried to advance this with Shorewood in 2009, but it was met with mixed reactions from the then City Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 3 of 13 Litsey stated because underage drinking does pose a public health and safety risk enacting a social host ordinance is a good public policy. He cited an article published in the Monticello Times Newspaper regarding Wright County considering such an ordinance which stated that a total of 83 cities and 19 comities in Minnesota have passed a social host ordinance since 2007. He noted that his preference is to have the State of Minnesota enact legislation to cover the entire State with uniform law to deal with underage drinking and furnishing minors with alcohol. Many times the State waits to see what cities and counties do to address issues. He hopes this issue is reaching the point where hopefully the legislature will decide that enough cities and counties are addressing the issue that it should be done State wide. Litsey then stated a social host ordinance does bridge a gap that currently makes it difficult to hold people accountable for providing underage people a place to drink. Currently people can be charged for furnishing underage people alcohol, but often that is difficult to prove. An ordinance will give the SLMPD another tool to help reinforce underage drinking is not acceptable. It will let people know if they provide a place for that to occur even if it is not possible to prove that they furnished the alcohol they can be held accountable. From his perspective an ordinance does serve as a deterrent even though it may not be used a lot. Litsey noted that from January 1, 2011, through today 98 citations in the South Lake area have been issued for underage drinking. Of those 63 were for people age 18 — 20 and 35 were for people under 18 years of age. He stated that often when there is underage drinking other illegal conduct is taking place. For example there are thefts from homes, sexual activity goes up, or people drive after drinking. Litsey then noted that he continues to be a strong proponent of the SLMPD member cities enacting social host ordinances. He also noted that the SLMPD Coordinating Committee has discussed this topic, but the Committee does not have the authority to enact ordinances. He stated if Shorewood enacts an ordinance it will hopefully have a ripple affect across the South Lake area and other SLMPD member cities will follow. He acknowledged that he would be willing to champion an ordinance in the other cities as well. If so he hopes the ordinances would be similar. Litsey stated the City of Minnetonka allowed him to be involved with the drafting of its ordinance. He thought the ordinance Minnetonka finally enacted is very good and very enforceable. He explained that one of the reasons he is an advocate of Minnetonka's ordinance is there would be consistency within the Minnetonka School District. Mayor Liz& noted the Minnetonka School District is comprised of 1 I cities. She stated she thought it would be beneficial for each of the cities to enact a social host ordinance to help the District and Tonka Cares. Councilmember Hotvet stated safety is the number one issue. She then stated this is a great opportunity for Shorewood, being the largest member city in the SLMPD joint powers organization, to be the leader and show strong support for the School District and the SLMPD. She went on to state an ordinance would be another tool at the SLMPD's disposal. Councilmember Siakel asked Chief Litsey how prevalent underage drinking is in Shorewood. Or, would an ordinance be more of a deterrent for Shorewood and something that would help the SLMPD do its job. Or, would it be to partner with the School District. Chief Litsey stated when there had been approximately 100 citations for underage drinking in the South Lake area in about a 19 -month period there is some problem. There were presumably many more instances that were not called in. He then stated in several of the instances law enforcement responded to the parents were gone and the children which were 17 plus years old were hosting parties. An ordinance would not hold the parents accountable in those instances. The 20 — 21 year -old young adult who has their own apartment and CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 4 of 13 lets underage people hang out there and drink is a more prevalent problem then the SLMPD detects. An ordinance would help the SLMPD address those situations. He explained if time and staffing permit the SLMPD will get a search warrant so it can enter a house to check for underage drinking if there is probable cause. The Department feels it is worth the effort to do that even though it is time consuming because that word gets around and it shows the SLMPD is committed to stopping that type of activity. Councilmember Siakel asked if the language in the draft ordinance included in the meeting packet is consistent with the language in Minnetonka's ordinance. It does make sense to have consistent language for city ordinances within the School District. Chief Litsey stated the School District is strongly committed to this through Tonka Cares. He then stated underage drinking is not all about enforcement. He would prefer there was no need to enforce it and that there would just be compliance. Education in the schools followed by some enforcement is what will make compliance work. He then stated an ordinance would be a tool that would be used more as a deterrent. He commented that some parents would prefer their children to drink at home if they are going to drink rather than drink and drive. From his vantage point that is not acceptable. Councilmember Woodruff asked how successful this law has been in court. He asked if someone is cited under the law and if there is ultimately a conviction. Chief Litsey stated he doesn't have data about citations after they have tracked through court. Ordinances are a misdemeanor violation. Therefore, there would be a court appearance and then it would be up to the prosecutor to determine what the penalty would be. He then stated judges are pretty familiar with social host ordinances. He went on to state the cities can tell a prosecutor that they want violations of these ordinances treated seriously and for there not to just be a slap on the wrist. He noted that sometimes judges force people to compromise and take certain plea agreements. Councilmember Zerby stated it is his understanding that the ordinance would only apply to people that had knowledge of the underage drinking. Chief Litsey stated that is correct and noted it applies also if it should be apparent. Hotvet moved, Zerby seconded, directing Staff to proceed with a final social host ordinance for Council's consideration. Motion passed 4/1 with Woodruff dissenting. B. South Lake Minnetonka Police Department (SLMPD) 1. 2013 SLMPD Operating Budget Mayor Lizde noted South Lake Minnetonka Police Department (SLMPD) Chief Litsey is present this evening to give a brief presentation about the SLMPD 2013 Operating Budget (the Budget) and the proposed public safety facility capital maintenance plan. Chief Litsey noted that this is the second year that all of the documents and presentations the SLMPD Coordinating Committee has been provided for the budget process are available on the SLMPD's website www.southlake dp coin shortly after the Committee meeting is held. This allows interested individuals to track the budget process. The feedback on doing this has been great. Litsey stated the SLMPD and member cities entered into the 2013 budget process in a fiscally sound position. He credited Mayor Lizde and the other members of the SLMPD Coordinating Committee along with the SLMPD's financial team with working together in paying attention to those things that needed to be addressed the last few years. Some of the SLMPD's supporting funds for operations had somewhat declining CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 5 of 13 balances needed to be addressed and that was done within the context of the operating budget. The budgets passed have been lean yet workable while providing for the future. One of the ways the funds have been shored up has been by applying operating budget surpluses to capital needs. Unanticipated personnel vacancies have been the primary impetus behind the surpluses. Another way has been if the contract with the union had not been agreed upon when the budget is adopted and therefore some of the line items in the budget were estimates. The current 2013 Budget proposal is a culmination of what transpired during the budget process to date. Preliminary budget considerations were discussed during the Coordinating Committee's May 9 meeting. The considerations were incorporated into an initial budget proposal developed by Staff. The initial proposal was presented to the Committee during its June 20` budget work session. There were no substantive changes requested to the preliminary budget and there was no dissension about the Budget. The Coordinating Committee recognized that the majority of increases related to expenses that are either market driven (e.g., utilities and motor fuels) or the result of previously approved actions by the Committee (e.g. labor agreements and technology such as a new records management system or RMS). Today information flows from the Hennepin County computer aided dispatch (CAD) system to the computer terminals in the squad cars. The information is retyped in by the patrol officers into the SLMPD's current RMS at the public safety facility. When the new RMS is operational the information will electronically flow from the CAD system to the RMS system. This will allow the officers to remain in the field more. The information will go through an approval process by Lieutenant Pierson and the office staff will code it and finalize it. The new RMS will help make operations much more efficient and it will allow for more timely access to information. Declining state aid, most notably peace officer aid, continues to be factor that shifts to the member cities to make up the loss in revenue. The aid is funded through a surcharge on auto insurance premiums. At one time the SLMPD received enough money to pay for the SLMPD's previous year's contributions to PERA (Public Employees Retirement Association) for pensions. Since 2008 revenue from state aid has been on the decline while contributions to PERA contributions have been going up. To counter the shortfall, the SLMPD has been slowly reducing its reliance on this aid as a revenue source to support operations. Doing so has closed the gap between actual and budget amounts. It is almost to the point of reaching parity between the budgeted amount of revenue and the actual amount received. The SLMPD is receiving tens of thousands of dollars less than what it used to. The budget information was reduced down to a summary version for the Coordinating Committee's consideration during its July 18` meeting. The 2013 Operating Budget proposal before Council this evening was accepted by and endorsed by the Committee during that meeting, and the Committee directed SLMPD Staff to forward the proposal to the SLMPD member City Councils with a recommendation for approval. Mayor Lizee noted that she along with the other three members of the Coordinating Committee voted to accept and recommend approval of the Budget. She stated she thought having the information on the SLMPD's website is very worthwhile. She noted the Budget is lean and she commended Chief Litsey and the SLMPD staff for keeping the budget lean. Councilmember Zerby thanked the Coordinating Committee and Mayor Lizee for doing a great job on the Budget. He stated he thought the Budget is tight and concise. He expressed concern that the price of squad vehicles is going up because of the selection of new vehicles available, and fuel costs are continuing to go up. He related this past year the number one concern Council has heard about from residents with regard to public safety is speed enforcement. The residents want there to be more enforcement of the speed limits. He stated he doesn't see anything in the Budget that will allow for an increase in enforcement (e.g., another CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 6 of 13 patrol vehicle being added or an increase in fuel costs for more mileage). He asked if the SLMPD will have the ability to provide more patrol coverage for traffic enforcement. Chief Litsey noted the SLMPD is exempt from having to pay the excise tax on fuel which is approximately $0.18 per gallon. He stated fuel consumption varies in part based on staffing levels and activities. He explained the SLMPD uses an average of 12,700 gallons of fuel annually for budgeting purposes. Actual consumption ranges between 12,000 and 13,000 annually. Money has been reallocated from other line items to that line item in previous budgets to increase the base tine for it. That occurred again mid -year this year. Councilmember Zerby stated it appears that the budget is steady from year to year. He then stated he doesn't know where the issues are for the Department (e.g., is violent crime on the rise, is drunk driving on the rise, etc.). He has heard more about traffic. He noted that he is not aware of Chief Litsey's plans for the upcoming year with regard to law enforcement. Chief Litsey stated it has been a very busy summer and he doesn't know what to attribute it to. He then stated in 2013 he would like to conduct another strategic planning process. The outcome of the 2008 process is starting to become outdated. He thought it would be helpful to do it because there has been a change in the makeup of the member City Councils since it was last done. It would be beneficial to refresh the data from the 2008 process. For the 2008 process each member city's representative on the Coordinating Committee (the Mayor) and one member of each member City Council participated in the process. Councilmember Zerby noted that he thought it would be a good idea to revisit the process. Councilmember Siakel stated she also thought it would be a good idea. It would be a good way to identify what the issues are for the SLMPD. She then stated a number of residents are extremely upset about speeding. It is not just in one area of the City. It's pervasive all over the City and in other cities. She thought the calls about speeding could double when school starts in session in the near future. Chief Litsey stated the SLMPD is constantly trying to balance call volume and staff's discretionary time. It is prudent to build in enough discretionary time into a schedule to allow for addressing problem areas or being proactive in areas that have been identified as being problem areas. When discretionary time goes down a department becomes much more reactive. It is prudent to be out in front of potential problem areas. The current staffing level does not allow for enough discretionary time. He noted some communities have dedicated traffic cars for traffic enforcement. Councilmember Siakel stated she would like to have a process put in place for dealing with complaints. It would be helpful to have consistency in how resident complaints to City Hall about speeding are handled. It should be consistent within the City as well as the other SLMPD member cities. She indicated she thought it would be helpful to have the SLMPD have input into identifying the process. She then stated it is important that the residents get an answer to their complaints. Chief Litsey stated as a joint powers department the SLMPD believes the member cities should have their staffs forward the complaints on to the SLMPD. For the most part traffic complaints are the SLMPD's problem to deal with. He then stated if a person has to go through too many layers they become more disgruntled because they feel they are being passed from one person to another. He noted the SLMPD has a process in place for handling public service related calls. He stated the SLMPD is very responsive. Councilmember Woodruff stated this is his sixth year on Council and the City has had more complaints from its residents about speeding this year than during his previous five years on the Council combined. He expressed agreement with Councilmember Siakel's idea to put a process in place for consistently handling CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 7 of 13 complaints. He also agreed with Siakel that is important to at least provide the complainant with some sort of feedback. Woodruff then stated the 2013 Budget is even clearer than the 2012 Budget was and he thought that Budget was clearer than the previous budgets were. He noted that he wished the funding formula were different. He explained the SLMPD budget increase at the Department level is modest. Because of the formula Shorewood gets to pay approximately $26,000 of the increase for 2013. For 2012 Shorewood's cost went down $4,000. He stated because Shorewood is paying over $1 million dollars for its share of the SLMPD's budget he thought the City should receive a benefit for it. He commented lie thought the City should be swinging a pretty big stick. Chief Litsey stated the SLMPD tries to be responsive. He then stated one value in having the strategic planning process revisited every so many years is to provide an opportunity to collectively revisit issues. But, there are some things that don't require having a process in place. The SLMPD and member city staffs can address things. Councilmember Woodruff stated if Council thinks the City is not getting the service the residents needs then people have to come together to determine what is necessary to provide them what they need. Councilmember Siakel noted that for 90 percent of what the SLMPD does it does a great job. She thanked Chief Litsey and the SLMPD staff for that. Chief Litsey stated it is a frustration for SLMPD officers to not have adequate discretionary time to do what it wants to do. By providing special policing details on weekends to Maynard's Restaurant and BayView Event Center/Bayside Grille in Excelsior during the warm weather months it helps allow for more discretionary time. Providing Park Patrol services in Excelsior also helps. Litsey then stated if there is a unique need in one member city such as more traffic enforcement that city could fund that additional need separate from regulations. That has been discussed before with Shorewood. It would be similar to how the Part Patrol services for Excelsior are handled. He noted that should not happen a lot because of the money the member cities are already paying as part of the joint powers organization. But, if a member city wants dedicated presence that has to be funded separately. Councilmember Woodruff stated per Chief Litsey's earlier comments the SLMPD will realize efficiencies when the new RMS is implemented and as a result of the eCharging/eComplaint system. They should help reduce the amount of paper work patrol officers are currently doing or driving paper work to the Court House in the City of Minneapolis. He noted that when there are opportunities to bring in other technology to help gain efficiencies he would like to hear about them. Zerby moved, Siakel seconded, approving the South Lake Minnetonka Police Department's 2013 Operating Budget as presented. Motion passed 510. Chief Litsey thanked Council for its support. 2. Public Safety Facility Capital Maintenance Plan Interim Administrator Joynes stated the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee recommends setting aside funding for the long -term maintenance of the public safety facility located in City of Shorewood. This is the first year of a multi -year plan. The City's share of the $10,000 is close to $5,500 and the amount is based on ad valorem. He noted he recommends Council approve this item CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 8 of 13 and that it is included in the current draft of the City's 2013 Operating Budget discussed in the work session immediately preceding this meeting. Mayor Lizke stated the Coordinating Committee has been discussing the need to do this for the last few years. She explained in 2011 the Shorewood Building Official prepared a draft of a replacement schedule for major components in the facility, such as the HVAC system, the generator, and the roof. The Committee thought it prudent to set funds aside for when they are needed. She noted that this was discussed briefly during the budget discussion work session held just before this meeting. Woodruff moved, Hotvet seconded, approving the Public Safety Facility capital maintenance plan and budget. Motion passed 510. 7. PARKS None. 8. PLANNING A. Report on the August 7, 2012, Planning Commission Meeting Commissioner Muehlberg reported on matters considered and actions taken at the August 7, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor LizBe expressed interest in wanting to hear about the topic of accessory apartments. Councilmember Woodruff asked if the amendment to the City Code to allow accessory apartments will be new; it would not be a modification. Director Nielsen explained it would be an addition to the senior housing section in the Code. Woodruff stated allowing for this that type of thing is being done around the United States. He asked when Council will be asked to consider the amendment. Nielsen stated during its August 27 °i meeting. Councilmember Siakel stated she had a question about the development along Strawberry Lane. She commented that during the last few Planning Commission meetings there have been discussions about trees for various reasons. She asked is there is a desire to cut down a large number of trees or are people just attached to the trees. She asked what the issue is for the Commission about trees. Director Nielsen stated as part of any development tree cover will be affected. In the development Councilmember Siakel was referring to it will be the southerly edge and easterly edge. There are some very large trees and some specimen trees that are at the edge of the grading area. The goal is to try and protect at a minimum the very large trees. The developer has been told that the 35 trees that have to be planted to replace trees that will be removed need to be concentrated on the southerly and easterly boundary of the property. Councilmember Siakel stated there have been times when the Planning Commission is concerned about trees that are at the discretion of the property owner as to whether or not they should keep the tree. She expressed concern that the Commission wants to over regulate what trees have to be kept. She stated that of course it would be nice to create a barrier and the developer is planning to do that. The developer for the development being referred to is also planning to install rain gardens. Director Nielsen stated the City's Tree Preservation and Restoration Ordinance is quite fair. It states the City recognizes that trees are going to be lost as part of a development. The City's intent is to try to have the developer save as many trees as possible, and where they can't be saved they have to be replaced with a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 9 of 13 certain ratio. In the development being referred to the concern is about a couple of large trees in certain locations. The Planning Commission is aware that there are no promises the trees can be saved. He noted the developer is going to saw cut the roots to improve their chance of trees survival. Councilmember Siakel acknowledged this specific project is a little different. She noted the Planning Commission has gotten into discussions about trees that may have gone too far with regard to allowing a property owner to have some say. 9. ENGINEERING/PUBLIC WORKS A. Storm Retrofit Petition Engineer Landini explained the City received a request to install a catch basin at 23075 State Highway 7, between Highway 7 and Chaska Road. That piece of property was studied in 2006 when WSB & Associates was commissioned to conduct an analysis of the drainage problem areas within the City. A copy of the section of the Analysis of Drainage Problem Areas Report (the Report) about number 38 (this problem area) is included in the meeting packet. WSB identified two possible solutions for addressing the drainage problem area. One of them is to install storm sewer along Chaska Road. Another is to retrofit a catch basis over the existing storm sewer. Landini noted that this problem area project is number 18 on the list in Report. He also noted that David Mueller, one of the owners of the company that owns the property located at 23075 Chaska Road, has requested that a catch basin be installed in 2012. He explained the stormwater flows down the neighbor's driveway, across the flat roadway, into a ditch and eventually onto Mr. Mueller's driveway (leaving deposits of gravel along the way), then it flows across his driveway and infiltrates into the ground in front of his building and then it seeps into the lower level of his building on the property where he has tenants. He noted it is a ground water issue. He stated he thought the stormwater could in intercepted with a catch basin and routed into the already existing storm sewer system. He displayed a picture provided by Mr. Mueller of the stormwater flow after a recent rainfall. Landini stated the cost to install a catch basis not should exceed $4,000. The City and Mr. Mueller would each pay for one -half of the cost. He noted that Mr. Mueller is present this evening to answer any questions Council may have. Mayor Lizee thanked Mr. Mueller for being in attendance this evening and she asked him if would like to address Council. Mr. Mueller noted that he and his son Chad Knutson are co- owners of the 23075 Chaska Road property. He also noted the property is a commercial property and they have five or six tenants in the building. He explained they have had issues with heavy rains where the stormwater flows in torrent down the side of the roadway, onto their driveway across their lawn washing out their lawn while trying to find its way into the ditches, and then it saturates the ground. He asked Engineer Landini to display a couple more pictures he had provided showing the stormwater flow. One of the pictures showed some erosion of the grass. Another picture showed gravel deposited on their driveway. He noted that one of his tenants has a motorcycle and the gravel on the driveway creates a hazard. Mr. Mueller stated he and his son want to take a proactive approach rather than a reactive approach. He commented that he is aware that it is not the City's issue when water seeps into the lower level of their building. He explained that he and his son spent Memorial Day using wet vacs trying to dry out the lower level. He stated he and his son are pleading with the City to work with them to help resolve this problem. They will accept any type of help in resolving this issue. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 10 of 13 Mayor Lizke thanked Engineer Landini and Mr. Mueller for working together on this issue to move it ahead even though it is not on the City's immediate project list. Councilmember Woodruff asked Mr. Mueller if he is in agreement with his company Control House Investments LLC splitting the cost for the catch basin with the City. Mr. Mueller noted he is and that he had sent a note to Engineer Landini stating that. Siakel moved, Zerby seconded, accepting the petitioned project to install a catch basin at on Chaska Road at 23075 State Highway 7 (between Highway 7 and Chaska Road) for an amount not to exceed $4,000 and for the cost to be shared between the City of Shorewood and Control House Investments LLC. Councilmember Zerby sated the excerpt from the 2006 Report indicates the cost estimate from WSB & Associates to install a catch basin would be approximately $2,500. He asked Engineer Landini if he thought the problem is bigger than was originally thought in 2006. Landini noted he was not involved in the 2006 analysis. Landini explained the pipe out there is 36 -inch pipe and it requires a larger structure and it is also 8.5 feet deep. He indicated lie thought $4,000 should cover the total cost. Motion passed 5/0. Mr. Mueller thanked Council and Staff. 10. GENERAL/NEW BUSINESS A. Network server Replacement Director Brown stated he wrote a memorandum outlining the reasons for replacing the City's network server. (A copy of the memorandum is included in the meeting packet.) He explained he solicited quotes from Warner Connect, the City's current vendor and service provider, and CDW- Government, a government bid. Warner Connect provided the low quote in the amount of approximately $14,979. This effort would upgrade all of the City's mission critical functions at City Hall including the file server, web based server and Laserfiche. Brown noted that Staff is asking Council to approve the quote from Warner Connect for an amount not to exceed $15,000. He stated that when the Capital Improvement Program (CIP) Technology Fund project estimates were projected the cost for the network server replacement was estimated to be approximately $10,000. He explained that $10,000 is budgeted annually in this Fund for printers, work station upgrades and general technology upgrades. To date in 2012, none of that $10,000 has been spent. Therefore, there are adequate funds in the Technology Fund to fund the server upgrade. Councilmember Zerby noted that he is a member of the City's Technology Committee and he has reviewed the proposal with Warner Connect. He explained the City's current server is well over 90 percent filled and therefore it is extremely slow. He stated this is a greatly needed upgrade. He commented the current server has served the City well. Zerby moved, Woodruff seconded, approving the quote from Warner Connect to upgrade the City's network server for an amount not to exceed $15,000. Motion passed 510. B. Write -off of Uncollectible Accounts Receivable CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 11 of 13 This item was removed from the agenda at Staff's request 11. OLD BUSINESS A. Constitutional Amendment on Elections Mayor Lizee noted the meeting packet contains a memorandum from Staff and a copy of a draft resolution opposing the proposed Voter ID Constitutional Amendment. She explained that during Council's July 23, 2012, meeting she had asked there be continued discussion about the Amendment during this meeting and for Staff to draft a formal resolution in opposition to the Amendment drafted for discussion. She stated there are quite a few cities that do not support the Amendment. Lizee provided three reasons she does not support the Amendment. First, the title is misleading. It is currently worded to require all voters to present valid ID to vote. It does not give any definition. The State legislature has not defined that yet. To make a decision to require people to do something before it is defined is not a good way to do business. Second, the Amendment would place an undue financial burden on cities and local governments. There are costs involved and Staff has estimated the cost to the City to be around $4,000. Third, it disenfranchises voters. It would impact the ability of people such as the military personnel who are serving overseas, the elderly, and students who are not living at home while going to school to cast their ballot. Lizde noted the South Tonka League of Women Voters gave a presentation to Council about the proposed Amendment a number of months ago. She stated there has been a great deal of information published in the newspapers, broadcast on television and radio, and posted on the internet about the Amendment and the ramifications of it. Lizee stated that adopting the resolution would send a strong signal that voting is very important and that it should not be impeded in any way. She asked for comments from the rest of Council and a motion to adopt the resolution. Councilmember Woodruff stated that during the July 23r meeting he expressed his reluctance to have a city council take a position on a ballot issue. In this instance that is mitigated by the fact that this would have a direct effect on City operations. He then stated he agrees with a couple of points Mayor Lizee made. He noted the League of Minnesota Cities and the Association of Metro Cities have come out against this proposed legislation. Shorewood is a member of both bodies. He stated there may be a way to accomplish the same thing that would make some sense. He then stated operationally from a City perspective he does not think this is a good piece of legislation to enact. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 12 -051 "A Resolution Opposing the Proposed Photo ID Constitutional Amendment Ballot Question." Councilmember Zerby stated that he thought the Amendment would be detrimental to the City and to the voters. He indicated he thought the question is somewhat misleading based on the wording. He stated he wished adopting the resolution would have more impact than educational. He does think it is worthwhile to adopt it. Councilmember Hotvet stated during the first meeting of the League of Minnesota Cities Improving Service Delivery Policy Committee the general consensus of the Committee members in attendance was their primary concern is the cost that would be incurred to adhere to the Amendment should it be voted in. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 12 of 13 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Quarterly Investment Report Director DeJong stated the meeting packet contains a copy of the June 2012 Quarterly Investment Report. He noted the 2011 Audit Report should be presented to Council during its August 27, 2012 meeting. 2. Badger Park Report Director Brown stated he has been sending Council information on a regular basis about the vandalism that happened on the football field in Badger Park. He noted that he does not think the costs the City will incur to clean up the mess will be as great as lie originally thought. He stated he opened up a claim with the League of Minnesota Cities Insurance Trust ( LMCIT). When the LMCIT was initially notified the City was advised to notify the State Duty Officer. Doing that triggered a series of events. For example, the LMCIT required teams to come out and take measurements. The Minnesota Pollution Control Agency also had some requirements that had to be addressed. He explained that to date the City has only received one invoice. There is some contaminated material that still needs to be disposed of properly. He estimated the total cost for the cleanup will be between $3,000 and $5,000. The costs will be submitted to the LMCIT for its review. He commended South Lake Minnetonka Police Department ( SLMPD) Chief Litsey and Lieutenant Pierson and other SLMPD personnel for their efforts which were fantastic. Their assistance was greatly appreciated. Councilmember Woodruff asked Director Brown to explain what occurred. Director Brown explained on the evening of July 26, 2012, vandals entered the one of the Southshore Community Center storage facilities. They took two cases of florescent light bulbs and smashed them over the football field. There was shrapnel, mercury contaminants and other contaminants left behind. The field was closed for two days so City crews could scour the field. A large vacuum was used to vacuum portions of the field. He noted that the LMCIT felt those efforts would be adequate. Other Director Nielsen stated last week Staff sent a comment memorandum to the Public Utilities Commission regarding Xcel Energy's proposed transmission power line upgrade project. Earlier in the day representatives from Xeel called some members of staff to arrange appointments. B. Mayor and City Council Councilmember Zerby stated he attended the Excelsior Fire District (EFD) Board meeting on August 8, 2012, during which the Board endorsed the Recommended Final 2013 Operating Budget and 2013 — 2033 Capital Improvement Program and authorized that it be forwarded to the member City Councils for their review and approval. The total budget represents a 3.3 percent increase when compared to the 2012 total budget. He stated the Budget and CIP have been forwarded to the member City Administrators /Manager and this Council has received a copy of them. Councilmember Woodruff stated about 2.5 weeks ago he and Director DeJong attended an Association of Metro Cities' Revenue and Taxation policy meeting. It was the first of three meetings. About two- thirds of the policies were approved without change. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 13, 2012 Page 13 of 13 Mayor Liz& stated in the August 5, 2012, edition of the Star Tribune Newspaper there was an article about Hennepin County's desire to partner with communities on safe pedestrian walkways. The County has a workshop scheduled for the Excelsior region which the City is part of for August 28, 2012, at the Grey Freshwater Center from 6:00 — 7:30 P.M. to solicit input that will help the County develop a plan to encourage more walking along its county roads. Liz6e noted that Councilmembers Hotvet and Zerby were involved in a working group a few years ago to discuss a plan for constructing a trail along County Road 19 from the City of Orono to Shorewood to make that route more pedestrian and biker friendly. The Cities of Orono, Shorewood and Tonka Bay agreed upon a concept plan. Hennepin County, Three Rivers Park District, Minnehaha Creek Watershed District, and parks departments were also involved in those discussions. She stated she would like to resubmit the concept plan along with Orono and Tonka Bay to help and try to make that become a reality as part of an upgrade of County Road 19. Liz6e encouraged the Councilmembers, the public and the Trail Committee to attend the August 28 workshop. She suggested the workshop be noticed. 13. ADJOURN Zerby moved, Hotvet seconded, Adjourning the City Council Regular Meeting of August 13, 2012, at 8:25 P.M. Motion passed 510. RESPECTFULLY SUBMITTED Christine Freeman, Recorder A Christine Liz6e, Mayor S. Joypfes, I4tegdn City Administrator /Clerk