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022508 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 25, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Turgeon and Wellens; Attorney Keane; Finance Director Burton; Plamling Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Woodruff B. Review Agenda Mayor Lizee requested Item 9.E, Consideration of Compensation for the Acting City Administrator/Clerk, be added to the agenda. Turgeon moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, February 11, 2008 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of February 11, 2008, as presented. Motion passed 3/0. B. City Council Regular Meeting Minutes, February 11, 2008 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of February 11, 2008, as presented. Motion passed 3/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Staffing Motion passed 3/0. SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 2 of 10 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Recognition of Service On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Planning Commissioner David Meyer for his more than three years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. Mr. Meyer thanked the Council, the City and Director Nielsen for the opportunity. On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Lake Minnetonka Conservation District Boardmember Tom Skramstad for his eight years of service as an LMCD Boardmember (for the last six of those years he served as the Chair of that Board) and provided him with a plaque of appreciation and recognition. Mr. Skramstad thanked the Council and the City for the opportunity. Mr. Skramstad. commented that the LMCD could accomplish more if the size of the LMCD staff could be increased, and that Lake Minnetonka was becoming more complex to manage. On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Councilmember Paula Callies (who was not present this evening) for her three years of service as a Councilmember. Because Ms. Callies now served as the City Attorney for the City of Dundas which held its city council meetings on the same night as the City, she had to resign her position as a City Councilmember and she could not be present this evening. 6. PUBLIC HEARING None. 7. PARKS -Report by Representative A. Report on Park Commission Meeting Held February 12, 2008 Director Brown reported on matters considered and actions taken at its February 12, 2008, Park Commission meeting (as detailed in the minutes of that meeting). 8. PLANNING -Report by Representative Commissioner Geng reported on matters considered and actions taken at the February 19, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Lizee questioned if the City delegated Local government unit (LGU) authority to the Minnehaha Creek Watershed District (MCDW) to administer the Water Conservation Act (WCA) for lands inside the City within the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) jurisdiction, would the City have to apply to the State Board of Water and Soil Resources to have those lands be included within the MCWD jurisdiction. Director Nielsen explained those lands would remain within the RPBCWD jurisdiction; the City would only delegate authority to the MCWD for WCA permitting. He also explained those lands drain into the Riley-Purgatory-Bluff Creek, and the watershed districts were based SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 3 of 10 on where the lands drained into. He went on to explain that the RPBCWD would continue to collect taxes on those lands; those tax funds were used primarily for projects, and permitting efforts were funded through permit application fees. Lizee then questioned if the City would want to consider having the MCWD assume responsibilities for projects. Nielsen explained where the lands drained dictated watershed jurisdiction. Councilmember Turgeon commented that at the most recent Planning Commission meeting, it had been stated that the MCWD had best practices which were enforced but not always applicable. Nielsen stated the MCWD had indicated it may have interest in providing the permitting service to the City; Staff was scheduled to meet with the MCWD later that week. He then stated Staff did not think there was any reason at this time not to have the MCWD do the WCA permitting, but Staff would wait until after its meeting with the MCWD to formalize its recommendation. A. Conditional Use Permit for Accessory Space Over 1200 Sq. Ft. Applicants: Harvey and Carol Ann Mackay Location: 5925 Christmas Lake Road Director Nielsen stated Harvey and Carol Ann Mackay owned the property at 5925 Christmas Lake Road. Pete Boyer, representing the Mackays, had submitted plans for a significant renovation and atwo- level addition to the Mackays' house. The lower level of the addition would consist of an additional garage stall and elevator compartment. The level above that would be afour-season porch. The new garage stall, combined with the existing tuck-under garage and a detached studio building, would bring the total area of accessory space on the site to 2084 square feet. Because the amount of accessory space would exceed 1200 square feet, the Mackays had applied for a conditional use permit (C.U.P.). Nielsen explained the property was zoned R-1 A/S, Single-Family Residential/Shorelaud and contained approximately 2.76 acres of land. The existing house contained approximately 6114 square feet of floor area above grade, divided between two levels. The proposed addition would expand that to 6390 square feet. The existing house was nonconforming with respect to the setback from the lake. The proposed addition., however, would comply with the 75-foot setback requirement. Nielsen reviewed how the Mackays' request complied with the four criteria specified in Section 1.201.03 Subd.2.d.(4) of the City's Zoning Code for granting a conditional use permit for accessory space in excess of 1200 square feet. 1. The total area of accessory space (2084 square feet) did not exceed the total floor area above grade of the principal structure (6390.square feet). 2. The total area of accessory space did not exceed ten percent of the minimum lot area for the R-lA/S zoning district (.10x. 40,000 square feet = 4000 square feet). 3. The proposed garage complied with the setback requirements of the R-1 A/S zoning district. The property took advantage of the "average setback" provision for Lakeshore lots; the required setback for Christmas Lake (75 feet) was reduced because the immediate property to the south was closer to the shoreline. The average between the adjoining property and the required setback was 71 feet; therefore, that became the setback for the subject property. It was noted that the freestanding studio building to the west of the house was nonconforming, but it had been granted a variance to be in that location in 1982. SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 4 of 10 The survey submitted with the application had not included the additional driveway that would lead to the new garage stall in the hardcover calculation; adding it would increase the hardcover to more than 25 percent. A second survey submitted on 19 February 2008 depicted the applicant agreed to remove the existing flagstone patio area. Also, the applicant owned a vacant lot adjacent to the subject property; the road on that lot leading to the subject property would be included in the hardcover calculation for the vacant lot. Therefore, the hardcover requirement could be satisfied. 4. The new accessory space would be integrated into the architecture of the existing home. The roof lines, materials and architectural character of the garages would be consistent with the principle dwelling. The building would not appear much different, since the proposed addition was replacing an existing greenhouse structure on the south end of the building. Nielsen stated the Planning Commission had unanimously recommended approval of the conditional use permit subject to verification that the 25 percent maximum hardcover requirement would be satisfied and confirmation that the new accessory space would fit in with the character of the existing house. He explained the new hardcover calculation would be 24.6 percent and proposed addition would be an integral part of the contemporary design of the existing house. Director Nielsen stated that Pete Boyer was present this evening. Mr. Boyer stated the Mackays were committed to keeping the architecture of the house the same as when it was originally built. The upgrades made to the house would make it significantly more energy efficient, and the elevator would make the house more navigable for the aging applicants. In response to a comment from Councilmember Turgeon, Director Nielsen clarified that the variance granted in 1982 for the freestanding studio building specifically allowed for it to remain in its current location. Wellens moved, Turgeon seconded, Approving RESOLUTION NO. 08-017, "A Resolution Granting a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet to Harvey and Carol Ann Mackay, 5925 Christmas Lake Road." Motion passed 3/0. 9. GENERAL/NEW BUSINESS A. Goals and Priorities Mayor Lizee stated that Council had reviewed a list of suggested goals and priorities for the City for April 2008 through March 2009 at a Council work session on January 28, 2008, at which time Council recommended items be added to and removed from the list. After that meeting staff indicated its assessment of priority items. Councilmembers then forwarded their ranking of the goals (high, medium, and low) to Staff. The tabulated results of the rankings were included in the meeting packet. The items on the list did not include things that were part of the usual cycle of activities. Councilmember Turgeon requested Staff prepare a timeline graph depicting what quarter(s) the goals and priorities would be worked on. SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 5 of 10 Director Nielsen requested that Item 13, Develop roadway project "templates", be addressed relatively soon as the Comprehensive Plan update had to be completed in 2008, and if the "templates" were to be modified the Comprehensive Plan would have to reflect the changes. He questioned if it could be discussed at a March 10, 2008, work session. There was agreement to discuss that item at a March 24 2008, work session because there was one work session scheduled for March 10' 2008, to discuss the City Hall renovation project and another work session to discuss two different storm water related topics. Turgeon moved, Wellens seconded, Approving the Goals for April 2008 through March 2009 as Prioritized. Motion nassed 3/0. B. Planning Commission Appointment Mayor Lizee stated there were two Planning Commission seats to be filled. William Ruoff had expressed interest in continuing to serve on the Commission. No other residents had applied to fill the remaining open seat. Turgeon moved, Wellens seconded, Approving RESOLUTION NO. 08-018, "A Resolution Making the Appointment of William C. Ruoff to the Planning Commission effective March 1, 2008, through February 28, 2011." Motion passed 3/0. C. City Administrator/Clerk Position The decision was made to separate the action accepting the resignation of City Administrator/Clerk Craig W. Dawson from the action to appoint au Acting City Administrator/Clerk. Wellens moved, Turgeon seconded, Approving RESOLUTION NO. 08-019, "A Resolution Accepting the Resignation of City Administrator/Clerk Craig W. Dawson effective February 22, 2008." Motion passed 3/0. In response to a comment by Councilmember Turgeon, Attorney Keane stated Council needed to appoint an Acting City Administrator/Clerk who would serve in that capacity until a person was appointed to serve in that position in an interim or permanent capacity. Mayor Lizee suggested Council ask Director Brown to serve as Acting City Administrator/Clerk. Councilmember Wellens asked Director Brown if he would be willing to serve in that capacity. Brown stated he had previously informed Mayor Lizee that he would be more than happy to serve the Council in any way Council thought appropriate. Councilmember Turgeon stated there were two very qualified people, Director Nielsen and Director Brown, that could serve in that capacity and both had performed the city administrator responsibilities in the past on a temporary basis. She expressed concern about the impact on Brown's workload, and the fact that Brown's office was not located in City Hal]. whereas Nielsen's was. She noted she trusted both. Brown. and Nielsen immensely. She suggested Nielsen serve in that capacity for the first thirty days which would allow Brown to determine how he would manage his workload. Mayor Lizee clarified that Directors Brown, Burton and Nielsen had all performed the city administrator responsibilities on a temporary basis. She commented that all three of the Directors had a lot to do as part of their regular responsibilities. She stated that Director Brown worked on site five days a week and she SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 6 of 10 thought that was important; Director Nielsen worked from home on Fridays. She again recommended Brown serve as Acting City Administrator/Clerk. Councilmember Wellens stated he thought the person appointed should be Mayor Lizee's prerogative as she would have to work closely with that person. Wellens moved, Lizee seconded, Approving RESOLUTION NO. 08-020, "A Resolution Approving the Appointment of Larry Brown to Acting City Administrator/Clerk." Motion passed 2/1 with Turgeon dissenting. D. Authorize Request for Proposals for Executive Search Consulting Services for the City Administrator/Clerk position Attorney Keane stated. the meeting packet contained a draft Request for Proposals (RFP) for the services of an executive search firm to assist with filling the vacancy in the city administrator/clerk position. Former Administrator Dawson had contacted four firms that provided that type of service -Lynn & Associates, Springsted, Inc., The Brimeyer Group, and Personnel Decisions International; he had found their charges ranged from $15,000 - $20,000. Keane then stated it would be appropriate to issue the RFP to all qualified recipients. Councilmember Wellens questioned if there was a need to partake in the RFP process because the amount of money was not that significant; he suggested Staff contact the four firms, ask them a few significant questions, and then make a recommendation so the search process could be started sooner. He went on to state the City could post the vacant position on the League of Minnesota Cities' website as well. He also stated he thought Director Burton, with the assistance of Acting Administrator Brown, could coordinate that effort. Director Brown stated Staff would post the vacant position on the League of Minnesota Cities website and ask for proposals from the four firms to assist with. the search. Attorney Keane suggested Acting Administrator Brown provide Council with a recommendation for an executive search firm at its March 10, 2008, Council meeting. He then stated if Council decided to pursue appointing an interim city administrator he thought posting the interim position on the League of Minnesota Cities website would be the most effective way to find applicants, and the posting could be done the next day. Mayor Lizee commented that the City of Excelsior found its interim city manager through the League of Minnesota Cities. Lizee stated she had already received emails from people interested in the position, and she forwarded the emails on to Attorney Keane who encouraged the people to contact the City. Councilmember Wellens suggested Councilmembers provided Acting Administrator Brown with input regarding their criteria for evaluating the executive search firms by the end of the week. Attorney Keane thought that would be appropriate. There was Council agreement to provide Brown with that information by the end of the week. Wellens moved, Turgeon seconded, directing Acting Administrator Brown to post the interim city administrator/clerk position on the League of Minnesota Cities website, to conduct phone interviews with the four executive search firms based on criteria provided by the Councilmembers, and to make a recommendation for a firm to Council at its March 10, 2008, Council meeting. Motion passed 3/0. E. Consideration of Compensation for the Acting City Administrator/Clerk SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 7 of 10 Mayor Lizee stated she had asked Director Burton to provide her with information regarding additional compensation paid to Director Nielsen. in 2000 when he served as Acting City Administrator/Clerk and what Excelsior was paying its Interim City Manager. She asked Burton to review that information. Burton explained the City paid Nielsen a $1,500 per month stipend, and former City Administrator Dawson's compensation was approximately $8,200 per month. Therefore, the additional compensation could range from $1,500 to $4,100 per month. She related staff at the City of Excelsior stated the executive search firm it was using had indicated interim administrators hired as independent contractors were paid between $50 and $70 per hour and they typically worked 20 -30 hours per week. Councilmember Wellens commented that Acting Administrator Brown was already an employee and therefore it was not appropriate to compare additional compensation for him to compensation paid to a consultant. Mayor Lizee stated "when saddling Staff with the additional work of a city administrator" she would expect that individual be compensated for the additional work. She anticipated that Acting Administrator Brown would spend at least twenty hours per week performing administrator duties, and she suggested he track that time. She stated she could support compensating Brown $50 per hour for performing those responsibilities, and that be in addition to his regular compensation. Councilmember Turgeon stated she agreed Acting Administrator Brown should received additional compensation, but she was not sure where in the $1,500 - $4,1.00 range it should be. Councilmember Wellens suggested the additional compensation be $2,000, an increase of $500 over the $1,500 paid Director Nielsen in 2000. He asked Acting Administrator Brown if $2,000 per month would be sufficient additional compensation. Brown stated that he and Directors Burton and Nielsen had previously discussed that they would all have been willing to serve as Acting City Administrator and to serve Council the best they could independent of what the additional compensation would be. Mayor Lizee stated she appreciated the willingness of the Staff to do whatever was necessary during this transitional time, but she thought it was appropriate to pay additional compensation. Councilmember Wellens stated Mayor Lizee had proposed an amount of $2,500 to him which was significantly less than her original proposal. He asked Councilmember Turgeon if she could support that amount. He stated the amount would be prorated based on when an interim city administrator was hired. Turgeon stated she would support $2,000 per month unless there was additional information that could be provided which would justify $2,500. Wellens moved, Turgeon seconded, approving the Acting City Administrator/Clerk be paid $2,000 per month in addition to his current salary. Motion passed 3/0. 10. ENGINEERING/PUBLIC WORKS A. 7:00 p.m. -Public Information Meeting Regarding Storm Water Pollution Prevention Program Mayor Lizee opened the Public Information Meeting at 7:54 P.M. SIIOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 8 of 10 Acting Administrator Brown stated Engineer Landini would give the presentation regarding the City's Storm Water Pollution Prevention Program (SWPPP). He reiterated that this was a public information meeting and not a public hearing. The meeting had to be conducted annually as part of a process that had been established by the Environmental Protection Agency and the Minnesota Pollution Control Agency. (A complete Agenda of the information presented to satisfy the requirements of this Program and permit are attached to these meeting minutes. A complete copy of information referenced in the Program presentation can be found on record at City Hall.) Engineer Landini explained that holding a public information meeting was a requirement for obtaining a National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water permit, a permit required by the Federal Clean Water Act. Landini stated the City's SWPPP had six minimum control measures (MCMs) which were used to evaluate the City each year. He reviewed the measures and what progress the City had made or would make in 2008 to satisfy each measure. • MCM I -Public Education and Outreach ^ Hosted a Green Roof seminar which was attended by 35 residents from across the State. ^ Published three water quality related articles in the ShoReport and one advertisement published for the seminar. • MCM 2 -Public Participation and Involvement ^ Held a public information meeting on the program in 2007 which no one attended. Tllis meeting would satisfy the requirement for 2008. ^ Identified ways to possibly increase attendance at the meeting if Council would want to do that -encourage volunteer monitoring, establish a citizen watch group, or possibly offer a door prize. • MCM 3 -Illicit Discharge and Detection Elimination ^ Continued to minimize any intentional discharges (illicit discharges) into State waters. Consider establishing a citizen watch group and a City Hall phone number as a report hotline to assist in monitoring illicit discharge. ^ Educated the residents on problems related to dumping in storm sewers. ^ Develop an illicit discharge ordinance in 2008, and publish an article in the ShoReport once the ordinance was adopted. • MCM 4 -Construction Site Storm Water Runoff ^ Conducted construction site erosion control inspections during building inspections, in response to complaints, and after aone-half inch 24-hour rainfall events. The frequency of inspections varied. • MCM 5 -Post Construction Storm Water Management ^ Adhered to the Minnehaha Creek Watershed District's regulations regarding post construction storm water management (the majority of the lands inside the City were within the MCWD jurisdiction). The City Code Zoning and Subdivision Regulations 1201.26 Subd. 8 addressed post construction storm water management for lands outside of that jurisdiction. ^ Review the City Code to ensure consistency with the Comprehensive Water Resources Management Plan updated in 2008 with regard to post construction runoff. • MCM 6 -Pollution Prevention and Good Housekeeping SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 9 of 10 ^ Continued to sweep the City streets, protect the stock piles located at Public Works, inspect outfalls and ponds, apply road salt when needed, and train employees on good housekeeping practices Seeing no one present wishing to speak on this topic, Mayor Lizee opened and closed the public testimony portion of the Public Information Meeting at 8:01 P.M. Mayor Lizee stated storm water pollution prevention was a very important topic. The Green Roof workshop held in the spring of 2008 was well attended. There were two workshops scheduled to help homeowners and landscape/lawn care business work toward developing a low impact lawn and landscape. She then stated Joe Pazandak, a City employee, had undertaken prairie restoration on his property; he suggested a prairie restoration for the area of the City located along Highway 7 near the Waterford area be considered. She suggested the Park Commission and Engineer Landini determine if that concept could be developed. Staff will Prepare a Record of Decision Regarding the City's Storm Water Pollution Prevention Program. Mayor Lizee closed the Public Information Meeting at 8:04 P.M. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Acting Administrator Brown stated he had contacted Hennepin County regarding conducting a joint electronics recycling effort per Council's direction. The effort would be conducted in conjunction with the City's spring clean-up day. The preliminary information provided by Hennepin County stated if the City would pay for transportation costs the County would pay for the costs for electronics recycling. Staff would continue to explore that possibility. He then stated all deficiencies on the Shady Island Bridge had been repaired. Director Burton stated the lease payments for the City-owned house were current. She then stated Staff had been trained on the use of the new financial system software. B. Mayor & City Council In response to a question from Councilmember Turgeon, Attorney Keane stated former City Administrator Dawson had been handling the situation with Pastor Linus Nyambu relating to the settlement regarding Ascending Praise Church (APC). Keane explained the City had reduced the situation to a confession of judgment, a compromise settlement claim in the amount of $4,000. The confession of judgment was a personal obligation for Nyambu, and he had made payment of $1.,000 of the $4,000 owed. Mr. Dawson had related to him that Nyambu had made continuing assurances that he was endeavoring to collect contributions from APC parishioners that would enable him to pay off the remainder of the claim. Keane recommended the City continue to maintain regular contact with Nyambu, and he stated from his vantage point Nyambu appeared to be taking responsibility for the indebtedness. Keane explained the City could eventually turn the matter over to a collection agency. Turgeon suggested Acting Administrator Brown follow up with Nyambu every two weeks. In response to a question from Councilmember Wellens, Attorney Keane explained the sump-pump penalties charged to a particular resident had each been challenged in court and the court ruled in favor SHOREWOOD CITY COUNCIL REGULAR MEETING February 25, 2008 Page 10 of 10 of the City; both rulings had been appealed and both appeals were affirmed in favor of the City. The Minnesota League of Cities defense council had been contacted about refunding the penalties and putting the discussions about those charges to rest. It was Keane's understanding that communications between the resident and the defense council were continuing. Mayor Lizee stated there was still one open seat on the Planning Commission, and she encouraged interested residents to apply. She then stated the City had received three letters of interest in the interim Ward 3 Councilinember seat and those three individuals would be interviewed at a Council special. meeting scheduled for March 3, 2008. The three individuals were Jeff Bailey, Malinda Schmiechen, and John Dean. The appointment to the interim Councilmember seat would be made at the March 10, 2008, Council meeting. She also stated the monthly coffee with the mayor session was scheduled for March 8, 2008, and the Excelsior Chamber of Commerce Party of the Year would be held on February 29, 2008. 12. ADJOURN Turgeon moved, Wellens seconded, adjourning the City Council Regular Meeting of February 25, 2008, at 8:15 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: ,a _ ~~s a~ °~~ Larry Brown, Acting City Administrator/Clerk e Christine Lizee, Mayor