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111306 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 13, 2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Acting Engineer Gurney Absent: None B. Review Agenda Lizee moved, Callies seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 23, 2006 Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes of October 23, 2006, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 23, 2006 Callies moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of October 23, 2006, as presented. Motion passed 5/0. C. Canvassing Board Meeting Minutes, November 8, 2006 Lizee moved, Callies seconded, Approving the Canvassing Board Meeting Minutes of November 8, 2006, as presented. Motion passed 5/0. D. City Council Special Meeting Minutes, November 8, 2006 Callies moved, Wellens seconded, Approving the City Council Special Meeting Minutes of November 8, 2006, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 2 oflO Callies moved, Wellens seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required C. Approving ORDINANCE NO. 430, "An Ordinance Amending Chapters 603 and 703 of the Shorewood City Code." D. 2006 Audit Engagement Letter E. Certificate of Achievement for Excellence in Financial Reporting F. Adopting RESOLUTION NO. 06-088, "A Resolution Adopting Assessment of Connection Charges Related to the Southeast Area Well / Amesbury Area Well Interconnection Project, City Project 05-05." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Introduction of Fire Chief Scott Gerber Administrator Dawson introduced Scott Gerber, the new Fire Chief for the Excelsior Fire District. Chief Gerber joined the EFD on September 11, 2006. Chief Gerber thanked the EFD member cities for the warm welcome the cities and their communities had extended him during his first eight weeks in his position. He stated he had served as risk and emergency management director for Carver County for the last 14 years, and for the last 10 of those years he had served as one of the assistant fire chiefs for the Chaska Fire Department. He and his family were residents of Chaska. Prior to those two positions he was a paramedic for Ridgeview Medical Center Ambulance for l2 years. Gerber stated from what he had observed to-date the EFD's greatest strength was its people, both members of the EFD and members of the communities. He then stated he thought there were three challenges facing the EFD: 1) communication, both internal and with the communities; 2) the continual strive to be a beneficial and positive team; and 3) to continue the EFD's focus on providing great service to the EFD as a whole (both internally and externally). He went on to state over his first two months as Fire Chief it had become apparent to him that the members of the EFD had to improve the District's marketing of itself (what it was and what services it provided) to the EFD member cities' residents, businesses and members of the EFD. He noted that from his perspective the EFD provided emergency services that were "second to none", and that message needed to be effectively communicated to all affected parties. He also stated over the next few months an effort would be made to better define the fire inspection program and prepare an effective work plan for the program. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 3 of 10 Councilmember Turgeon thanked Chief Gerber for the efforts expended to host the EFD Fire Prevention Open House that was held on October 12, 2006. Gerber stated EFD Inspector Murphy-Ringate and the other firefighters had spent a great deal of time in preparing a quality health and safety program for the event. On behalf of the City of Shorewood, Mayor Love thanked Chief Gerber for joining the EFD. He stated it was a tremendous tribute to Gerber that there was consensus amongst all the EFD stake holders participating in the chief selection process to select Gerber as the choice for Fire Chief. B. Report by Tom Skramstad on Lake Minnetonka Conservation District matters Lake Minnetonka Conservation District (LMCD) Board Chair Skramstad provided an update on the following LMCD activities (as detailed in the report distributed to Council): a. Milfoil treatment "demonstration project" b. Milfoil harvesting - the ultimate success would be determined in Spring 2007 c. Public Access Inspection Program - which also included the LMCD's participation in a video inspection pilot program in conjunction with the Environmental Century Protection Company, a program that allowed remote observation of watercraft launches d. Joint LMCD/DNR exotic species prevention discussions (in particular zebra mussels) e. Lake Minnetonka Shoreline Inventory - this year it was expanded to gather additional information on properties where more than five restricted watercraft were docked, or where the dock and platform dimensions were not in compliance with the LMCD's and DNR's regulations f. LMCD Newsletter g. Minnehaha Creek Watershed District 1 LMCD (re: lake level monitoring, the MCWD's 509 Plan for the next 10 years, mutual Board meetings, etc.) h. Water Patrol Project 1. Solar light buoy project J. Future of the Lake event In response to a question from Council member Wellens, Mr. Skramstad explained the LMCD had authorized a small amount of financial support to the Environmental Century Protection Company, a startup company. That company had conducted the actual pilot program, and was in the process of developing improved technology that would activate the camera at the launch site when it detected metal (from a trailer, license plate, etc.) in front of it. That company had received a number of orders from the State of Wisconsin for the remote monitoring system, including cameras. In response to a question from Mayor Love, Mr. Skramstad clarified the LMCD could only be more restrictive than the State of Minnesota (the DNR) with its dock regulations. 6. PUBLIC HEARING A. Wedgewood Drive, Mallard Lane, Teal Circle Watermain Improvements Final Assessment Hearing Mayor Love opened the Public Hearing at 7:29 P.M., for the final assessment of water main installation as part of the Wedgewood Drive, Mallard Lane, and Teal Circle Road Reclamation Project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 4 of 10 Administrator Dawson stated the public hearing this evening was a continuation of the special assessment process (the 429 process) that had been initiated earlier in the year to finance the installation of water main as part of the Wedgewood Drive, Mallard Lane, and Teal Circle Road Reclamation Project. He stated a number of residents that had requested to have the balance of their connection charge added to their assessments. He noted the procedures utilized in the Public Hearing. Engineer Gurney thanked the residents along the project corridor for their patience during the project. He commented the watermain had been tested and certified, and residents would now be able to connect to it. He stated the final assessment public hearing this evening was the last step in the special assessment process (Chapter 429) remaining to be completed. Gurney reviewed the site plan location for the entire project and the watermain installation component; he noted the watermain was extended from Smithtown Road throughout the project limits. Gurney then reviewed the City's water connection policy - the connection charge was $ I 0,000 for a single residential property; $l5,000 for a duplex; and $20,000 for a fourplex. The connection charge to be paid would be reduced by any amount assessed for watermain installation (the amount reduced could not exceed $10,000). He noted the property owner was responsible for all of the costs of placing a water line from hislher house to the City's water valve in the right-of-way. Gurney explained the construction costs, combined with the engineering and observation costs, were consistent with the preliminary assessment roll; therefore, there would not be any deviation from the preliminary assessment roll of $8,523 per property. Gurney then explained based on the City's water connection policy and the proposed special assessment, the remaining connection charge would be $1,477 for a single residential property, $6,477 for a duplex, and $11,477 for a fourplex. He stated the affected property owners had been offered the option to include their connection charge in their special assessment; fourteen single-family residential property owners and one fourplex property owner that had requested to have their full connection charges be specially assessed. Administrator Dawson stated Staff recommended the assessment be financed over fifteen years in equal installments, at an interest rate of 6.5%. In response to a question from Councilmember Callies, Engineer Gurney clarified there were other property owners that would get their own financing for their connection charge. Mayor Love opened the Public Testimony portion of the Public Hearing at 7:35 P.M. Dawn Okey. 5385 Wedgewood Drive & 5387 Wedgewood Drive, stated she had not requested to connect to City water at this time. She questioned how the assessment for the watermain installation would be paid for. Engineer Gurney explained if the Council adopted the special assessment, the assessment would be provided to the County Auditor for inclusion on an individual's property taxes beginning in 2007. Mayor Love closed the Public Testimony portion of the Public Hearing at 7:38 P.M. Turgeon moved, Callies seconded, Adopting RESOLUTION NO. 06-089, "A Resolution Adopting Assessment of Watermain Installation as part of the Wedgewood Drive, Mallard Lane and Teal Circle Road Reclamation Project, City Project 02-02." Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 5 of 10 7. PARKS A. Report on the Park Commission meeting held October 24, 2006 Commissioner Westerlund reported on matters considered and actions taken at the October 24, 2006, Park Commission meeting (as detailed in the minutes of that meeting). Director Brown listed some of the activities be considered for the Winter Community Event. In response to a question from Councilmember Wellens, Director Brown stated he had no scheduled installation date for the replacement slide for Silverwood Park. In response to a question from Council member Callies, Director Brown stated the water fountain for Eddy Station was scheduled to be installed over the next two weeks. 8. PLANNING Director Nielsen reported on matters considered and actions taken at the October 17, 2006, Planning Commission meeting (as detailed in the minutes of that meeting). He then stated there were five public hearings scheduled for the November 14,2006, Planning Commission Meeting. A. Conditional Use Permit for Storage Shed on City Property Applicant: Southshore Center Location: 5745 Country Club Road (Badger Park) Director Nielsen explained Jerry Brecke, on behalf of the Southshore Center (5745 Country Club Road), had requested a conditional use permit for a small storage building to be located on Badger Field, a City owned property. He noted that Council had authorized the Southshore Center to make that application at Council's September ll, 2006, Council meeting. He also noted the Planning Commission held on Public Hearing for the C.u.P. at the Commission's October 3, 2006, Planning Commission Meeting, and the C.D.P. had been referred to the Park Commission for review and recommendation. Nielsen stated the original request was for a single-story structure which was proposed to measure 12- feet wide by 24-feet long. Staff had revised the request so that the structure would be located five feet back from the parking lot curb to facilitate snow storage. That location would necessitate shortening the proposed building from 24-feet long to 20-feet long because the terrain dropped offto a wetland area east of the building pad. Nielsen then related the Planning Commission had stated the proposed structure would be a reasonable use of that property. The Commission agreed with the Staff recommendations listed in the Staff report. The Commission also recommended that there should be no windows in the structure (including the overhead door) to minimize vandalism, and that a paved apron be installed between the parking-lot curb and the overhead door. Both Staff and the Commission recommended the color of the structure complement those of the Southshore Center. Nielsen stated the Planning Commission recommended approval of the C.D.P. subject to the final location for the structure being approved by the Director of Public Works and the City Engineer. The Park Commission also recommended approval of the C.D.P. (motion passed 5/1). CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 6 of 10 Nielsen noted the proposed resolution stipulated the structure would be owned by the City and the Southshore Center would lease the structure from the City. The Southshore Center would also be responsible for providing insurance on the structure, with the City named as a co-insured. Turgeon stated she would recuse herself from Council discussion on the C.D.P. and from voting on the proposed resolution due to a potential conflict of interest. Councilmember Wellens expressed concern with commentslconcerns expressed by the Park Commission. One of the concerns was with the proposed location of the structure - the flags placed into the ground to mark the proposed location and dimensions of the structure had been knocked down (possibly by a errant pass on the field, and if there had been an individual attempting to catch that pass the individual could have been injured). He also expressed concern with the need for a storage building to house items for a once-a-year sale. He then expressed concern with regard to what would happen to the structure if the Southshore Center and the Friends ceased their operations. He commented that he did not believe a precedent had been established when the City had allowed South Tonka Little League to locate structures within Freeman Park - South Tonka Little League used the park where the Southshore Center did not. Councilmember Lizee stated the C.D.P. request had been evaluated and considered by both the Planning Commission and the Park Commission, and both Commissions had recommended approval of the C.D.P. With regard to the Park Commission questioning what types of items would be stored in the proposed structure, Lizee commented that the Council and the Planning Commission as a general practice do not ask an applicant what types of things they would store in an accessory structure. She then stated the representative for the Southshore Center had previously explained the Center had a need for storage space for seasonal equipment in addition to donations it collected for its yearly sale. Lizee moved, Callies seconded, Adopting RESOLUTION NO. 06-090, "A Resolution Granting a Conditional Use Permit for the Construction of a Storage Building for the Southshore Center on Park Property." Motion passed 3/1/1 with Wellens dissenting and Turgeon recusing. 9. GENERAL/NEW BUSINESS A. Gideon Glen Conservation Easement Director Nielsen stated one of the final actions remaining to be taken to complete the Gideon Glen project was the establishment of a conservation easement to ensure that the property will remain as conservation open space in perpetuity. He had distributed a sample conservation easement that was provided in the City's Conservation Open Space Plan which was adopted in March 2003. He explained that although the sample easement granted one to the Minnesota Land Trust, Staff recommended the easement be modified so the easement would be granted to the Minnehaha Creek Watershed District (the City's partner on the project), and to revise some of the use conditions. A resolution to execute the easement would be presented to Council at Council's next meeting. In response to a question from Councilmember Callies, Attorney Keane clarified there were various eligible recipients of land conservation easements under Chapter 84 of Minnesota Statutes, and subdivisions of the State would be eligible recipients. In response to a statement from Councilmember Wellens, Attorney Keane stated the easement would be modified to allow sediment removal from the property. CITY OF SHORE WOOD REGULAR COUNCIL MEETING November 13, 2006 Page 7 of 10 Council directed Staff to continue this item to the next Council meeting. B. Reconsideration of Resolution No. 06-086 (this item was discussed at the request of Council member Wellens) Councilmember Wellens stated he would like to reconsider Resolution No. 06-086, "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Water Charges, Recycling Charges, City Clean-Up Charges, Dry Hydrant Charges, and Sump Pump Charges, be placed on the 2007 Property Tax Rolls subject to the Exemption of Exhibit B". He explained his rationale for the request to reconsider was Ron Johnson, 5355 Shady Hills Circle, had presented the City with correspondence from McCombs Frank Roos Associates, Inc. (MFRA) stating it had determined that Mr. Johnson did not have a sump pump or a sump pit inside his house. He stated Mr. Johnson had also requested all his delinquent sump-pump surcharges prior to those for 2006 be reversed because he had a sump-pump inspection performed. Wellens explained his issue was with regard to City Code Chapter 904.09, Subd., 2, explaining that he did not think it was appropriate to conduct an inspection of a house without a warrant; and the Councilmembers took an oath of office to protect the City's residents civil liberties (in particular the Fourth Amendment of the Constitution). Wellens moved, Reconsidering Resolution No. 06-086. Attorney Keane clarified the action taken by Council at its October 23, 2006, meeting was to approve a resolution certifying utility charges to the 2007 property tax rolls minus the delinquent sump-pump surcharges for Mr. Johnson for 2006. Callies seconded the motion for purposes of discussion. Councilmember Callies stated Council had discussed whether or not Mr. Johnson's previous sump-pump surcharges should be reversed at a Council meeting on October 23, 2006. She had supported the decision to drop Mr. Johnson's surcharge for 2006 because he had an inspection completed in 2006, but she did not think reversing Mr. Johnson's previous surcharges would be appropriate. She went on to state the appropriateness of City Code Sec. 904.09, Subd. 2, was not germane to the 2006 delinquent surcharges. She also stated she thought the constitutionality of the City Code had been upheld by the Courts; and the Constitution protected against unreasonable searches. Whether or not the City Code should be amended was separate from the matter at hand. In response to a question from Councilmember Callies, Mayor Love clarified the motion at hand was only to reconsider the resolution. Councilmember Turgeon stated her understanding of Resolution No. 06-086 was it dealt with 2006 delinquent charges that would be placed on the 2007 property tax rolls. Mayor Love stated he continued his support for the decision made at the last Council meeting. Lizee echoed his comments. Motion failed 1/4 with Callies, Lizee, Love and Turgeon dissenting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 8 of 10 C. Consideration of Repealing Provisions in City Code Sec. 904.09, Subd. 2. Councilmember Wellens stated he thought City Code Chapter 904.09 Subd. 2 was no longer necessary as all the houses in the City had been inspected, and that subdivision should be removed from the Code. Councilmember Lizee stated inspections would be appropriate for new construction. Wellens stated new construction was addressed in other sections of the Code. Councilmember Callies stated that suggestion should be considered as an agenda item at a future Council meeting. On behalf of Council Mayor Love directed Staff to place City Code Sec. 904.09, Subd. 2, on a future Council meeting agenda for discussion. D. Reconsideration of Resolution No. 06-081 (this item was discussed at the request of Councilmember Turgeon) Turgeon moved, Wellens seconded, Reconsidering Resolution No. 06-081, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products for CUB Foods Shorewood, Holiday Stationstore #12, and Oasis Market." Councilmember Turgeon stated the resolution had been discussed and approved at an October 23,2006, Council meeting and discussed at a November 13, 2006, Council work session. Although she supported the decision on October 23 to cease the selling of tobacco products in City-owned liquor stores, she believed the decision may have been made without a clear understanding and discussion of the implications of that decision. It would have been more appropriate for the Council first to define a policy that stated the City would no longer be in the business of selling tobacco products. She then proposed the renewal of a tobacco license for Shorewood Liquor Store 2 (West Store) only for the sale of all existing inventory at that store. Mayor Love stated he would support the motion to reconsider, but he would not necessarily support a motion to grant a tobacco license to a City-owned liquor store. Motion passed 4/1 with Callies dissenting. Councilmember Turgeon stated after hearing the concerns and preferences of the Liquor Operations Manager, she thought it would be appropriate to allow the liquor stores to sell the existing inventory. She would prefer the City had the opportunity to make minimal profit from the sale of the existing inventory rather than dispose of the inventory. Councilmember Wellens stated he would support the issuance of a tobacco license to a City-owned liquor store with the stipulation that it would be only for the sale of existing inventory. Administrator Dawson stated a resolution had been prepared and it would need to be amended to reflect the above discussion. In response to a comment by Mayor Love, Administrator Dawson clarified a tobacco license was for a one-year time period. Turgeon moved, Wellens seconded, Adopting RESOLUTION 06-091, "A Resolution Approving License to Retailer to Sell Tobacco Products" as amended, "That a License for the sale of tobacco products be issued for a term of one year, from November 13,2006 to November 13,2007, for the CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 9 of 10 sale of inventory in stock at the time of the issuance of this license, consistent with the requirements and provisions of Chapter 302 of the Shorewood City Code, to Shorewood Liquor Store #2, 23670 State Highway 7." Mayor Love stated he would appreciate discussion with regard to the proposed resolution. He clarified the reason he had supported the original resolution was he did not think it was appropriate for the government to profit from the sale of tobacco products once the government had settled a tobacco lawsuit. He then stated he was not sure the profit that could be made off the sale of the existing inventory would offset the cost of a $250 tobacco license. Councilmember Callies stated the existing inventory was not selling very quickly, and she was not confident any profit would be made from what was sold. Councilmember Turgeon stated the approximate profit margin on the sale of tobacco products was 30%; therefore, if the existing inventory was sold it would more than cover the cost of a license. In response to a comment made, Attorney Keane stated the existing inventory could not be given away. Councilmember Callies stated if the premise behind Council's approval of the original resolution was that government should not profit from the sale of tobacco products, then why would Council approve the proposed resolution. Councilmember Turgeon again stated Council should have considered the ramifications of the original resolution prior to adopting it. Councilmember Lizee explained she voted against the original resolution because the sale of tobacco products was legal in the United States. She stated the City-owned liquor store sold alcohol which was controlled, and the sale of tobacco products was also controlled. In response to a question from Mayor Love, Administrator Dawson explained if the resolution was approved a tobacco license could be issued and the City-owned liquor store would be obligated to pay for the license. Motion passed 3/2, with Callies and Love dissenting. 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated a joint meeting of the EFD Board and the SLMPD Board was scheduled for 6:00 P.M. on November 15, 2006, at the West Side Station to discuss the possible refinancing of the bonds for the public safety facilities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING November 13, 2006 Page 10 of 10 B. Mayor & City Council Mayor Love stated there was an SLMPD Board meeting scheduled for 4:00 P.M. on November 15,2006, to discuss a proposed union contract. 12. ADJOURN Callies moved, Lizee seconded, Adjourning the City Council Regular Meeting of November 13, 2006, at 8:25 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor ATTEST: