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012609 CC Reg MinCITY OF SHO WOO CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 26, 2009 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTIISIIO CENTER 7000 P.M. Acting Mayor Turgeon called the meeting to order at 7:07 P.M. A. Roll Call Present. Acting Mayor Turgeon; Councilmembers Bailey, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Mayor Liz& B. Review Agenda Bailey moved, Zerby seconded, approving the agenda presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 12, 2009 Woodruff moved, Zerby seconded, Approving the City Council Work Session Minutes of January 12, 2009, as amended in Item 2, Page 2, Paragraph 2, Sentence 1 change "any type of agreement between the City and the subscriber" to "any type of notice from the City to the subscriber". Motion passed 4/0. B. City Council Regular Meeting Minutes, January 12, 2009 Woodruff moved, Bailey seconded, Approving the City Council Regular Meeting Minutes of January 12, 2009, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Turgeon reviewed the items on the Consent Agenda. Zerby moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Park Coordinator/Scheduling Agreement (This was moved to Item 10.F on the agenda under General/New Business.) C. Pay Equity Report SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 2 of 17 Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on the -January 13, 2009, Park Commission Meeting Chair Norman reported on matters considered and actions taken at the January 13, 2009, Park Commission meeting (as detailed in the minutes of that meeting). He then reported on a January 20, 2009, special Park Commission meeting during which the Commission narrowed down the number of Park Consultant Services RFP responders it was going to interview during February. Interview questions will be sent out to the three selected responders by the end of the week. B. Report on the January 17, 2009, Arctic Fever Event Chair Norman provided an update on the Arctic Fever event held on January 17, 2009. Some of the events were similar to those offered in 2008 and there were a few new ones, such as snowshoeing and sledding. The sliding hill at Freeman Park made by Public Works was a big hit. The weather was much more cooperative for this year's event than in 2008. The attendance at Freeman Park ranged from 500 - 800. The events held in Excelsior and Tonka Bay were also well attended, as was the pond hockey tournament in Excelsior. The partnership with the pond hockey tournament worked well. In response to a question from Councilmember Woodruff, Chair Norman stated the Park Commission planned on discussing having a sliding hill at Freeman Park for a portion of the winter in future years. Councilmember Zerby thought that would be a good idea provided the weather cooperated. C. Accepting Low Quote and Awarding Contract to Successful Low Quoter for Tennis Court Resurfacing Chair Norman stated during 2008 the Park Commission met with representatives of Dermco-Lavine regarding resurfacing of the City's tennis courts located in Manor Park and Cathcart Park. Dermco- LaVine's quotes were quite a bit less than other firms it researched. Dermco-LaVine was recommended by the City of Chanhassen. The courts should be resurfaced every couple of years because of the impact Minnesota weather has on them. The Park Commission requested resurfacing quotes again this year. Dermco-LaVine was the low quoter and its quote was less than the one provided in 2008; its latest quote was $8,760. He noted there Park CIP has $12,000 allocated to resurface the tennis courts. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 3 of 17 Norman explained that because the low quote was so much less than what was budgeted for resurfacing, the Park Commission directed Staff to call Dermco-LaVine and ask them if they could also wash and coat the Silverwood Park half-court tennis/basketball surface and the magic square/half-court basketball court at Cathcart Park for a total cost for all four surfaces of $12,000, not to exceed $13,000, and to also quote a separate bid to do just the two half-court surfaces at the same time it was resurfacing the two tennis courts. Councilmember Bailey stated in 2008 Director Brown expressed skepticism about the low quote from Dermoc-LaVine. He suggested the conditions of the surfaces be clearly documented prior to them being resurfaced in order to be able to evaluate the value of Dermco-LaVine's efforts two years from now. Woodruff moved, Zerby seconded, awarding the contract for resurfacing the tennis courts located in Manor Park and Cathcart Park to Dermco-LaVine in the amount of $8,760. In response to a question from Councilmember Bailey, Chair Norman stated if the quote for doing the two half-courts was reasonable the Park Commission would come back before Council to request approval to have them resurfaced. Motion passed 4/0. 8. PLANNING Commissioner Vilett reported on matters considered and actions taken at the January 20, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). A. Wildwood Preliminary Plat Director Nielsen stated Brent Hislop, Synergy Land Company, LLC, has arranged to purchase approximately 4.36 acres of land at 6045 Strawberry Lane. The applicant proposes to remove the existing house and plat it into seven single-family residential lots. The proposed lots will range in size from 20,046 to 25,696 square feet. The property is extremely flat and drains very gently from west to east. Nielsen explained the subject property is zoned R-1C, Single-Family Residential. It is surrounded primarily by single family residential developments with the exception of the property to the north; to the north are a portion of Freeman Park and a portion of the Hennepin County Regional Rail Authority (HCRRA) right-of-way (LRT Trail). Nielsen stated all of the proposed lots meet or exceed the City Code minimum size requirements for the R-1C zoning district which are 20,000 square feet in area, 100 feet in width and 120 feet in depth. The preliminary grading plan indicates the building pads will be 60 feet in depth. Staff recommends the developer consider reducing the depths of the pads to 55 feet; this would reduce the amount of fill that is required to make the lots buildable and it could also allow a few more significant trees to be preserved. Nielsen explained the new lots will be served by a by a 385 foot long cul-de-sac street (the maximum length allowed is 700 feet) with a proposed right-of-way width of 50 feet, terminating in a 120-foot diameter cul-de-sac (the Code allows for 100 feet). The paved surface is 24 feet wide, exclusive of curb SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 4 of 17 and gutter width, and the turn-around is 91 feet in diameter. The street grade does not exceed five percent. These dimensions are all consistent with the City's Code. Nielsen stated the site alteration for this project will be considerable in order for the street to meet grade requirements and to manage storm water runoff for the site. The properties will drain to the east and then to the northeast. The preliminary plans indicate the site will be raised approximately five feet in some areas in order to have the lowest floor elevations of the homes above the high water elevations of the proposed pond and drainage features. Nielsen explained Staff and the Planning Commission think drainage is the most significant issue with this proposed development. A rain garden will be installed at the back of lot 7 and part of lot 6 leading into a dry rock river bed drainage swale at the back of lot 6 cutting across lot 5 into a ponding area in the northeast corner of the property. The pond will drain into an existing drainage channel in Freeman Park and be conducted to the northeast. The proposed drainage system is for this development only; it does not benefit the surrounding properties. The Staff report listed a maintenance agreement as a condition of approval and it suggested a homeowner's association, or some other entity, be established to enforce the agreement. The Commission requested the applicant to submit his final solution for how the drainage facilities were going to be maintained prior to final plat approval. Nielsen stated sanitary sewer is available in Strawberry Lane. Prior to release of the final plat the developer must pay local sanitary sewer access charges in the amount of $1,200 per lot; credit is allowed for the existing house on the property. The developer shows water main being extended to the north boundary of his property as well as into the site. Water connections charges are $10,000 per lot, and the cost of extending water main may be deducted not to exceed $70,000. Park dedication fees are $5,000 per lot, with credit allowed for the existing house on the property. He noted the developer has submitted documentation satisfactory to the Minnehaha Watershed District (MCWD) that no wetlands exist on the property. Nielsen explained the applicant submitted a tree inventory illustrating the locations of most, if not all, of the vegetation on the site, and a second tree inventory illustrating the locations of only the significant trees (significant being anything larger than eight inches in diameter). The extensive site alteration will result in a lot of tree removal. Staff is suggesting existing trees on the periphery of the site be maintained if possible. City Code requires a developer to replace trees that cannot be preserved at a certain ratio. The maximum replacement number of trees is eight per acre. The developer will be required to plant 35 trees, and Staff is recommending they be planted on the periphery of the site where it adjoins other single family properties. Nielsen noted the developer is not proposing street lights. Future property owners could make that request. Nielsen stated Staff and the Planning Commission recommend approval of the preliminary plat subject to a number of conditions. Engineer Landini explained the water on the front of the seven lots will drain toward the street and the cul-de-sac and then into two catch basins. The runoff will be carried to the rain garden and the overflow will go into the drainage Swale and be conveyed into the proposed water-quality pond located in the northeast corner of the site. The pond should always have some level of water in it. The water in the pond will flow through an outlet into an existing drainage channel in Freeman Park and be conducted to the SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 5 of 17 northeast. He stated the development does meet the City's rate control ordinance. The proposed houses comply with the low-floor-opening policy, as do the surrounding houses. Because of concern that the drainage swale could be filled in, Staff recommends an annual topography verification report be submitted to the City so the City can insure the depth of the drainage Swale is maintained. Director Nielsen stated during the public hearing for this request, Staff explained to the Planning Commission there have been instances with developments where drainage was planned to flow through backyards through a large drainage and utility easement, yet when there was a substantial rain those property owners became disturbed because water flowed through their back yards. They thought the development was poorly designed, when it was actually designed to work that way. The drainage system proposed is attempting to avoid that. Nielsen then stated the future property owners, especially lots 4 - 7, for this development must be put on notice that that drainage system must remain in tact. The dry rock river bed drainage swale should define the area that must be maintained, and it can be cleaned out when necessary. Staff believes this solution is better than trying to identify the area through the use of signage. Brent Hislop, Synergy Land Company, stated his proposed development is conforming and variance free. He commented he had spoken with a number of the surrounding property owners. He stated prior to submitting the final plat he will provide the City with a final maintenance agreement addressing the needs for annual monitoring as well as short-term and long-term maintenance requirements, and what entity will be responsible for doing the maintenance. Councilmember Woodruff stated it appeared there was a well thought out drainage system for the south and east part of the site, but it did not appear there was one for the north and northwest. It also appeared that the elevation of Freeman Park on the north border was higher than that of lot 3 in some places. He thought there could be standing water in that area which would damage the trees there. He questioned where the storm water from lots 1 and 2 on the northwest and lot 3 on the north will flow to. Engineer Landini explained it flows through a channel in Freeman Park and it will be conducted to the northeast. Director Nielsen explained the water that leaves the pond located in the northeast corner flows through a defined channel that goes north, on to another defined channel that goes east and then on to the outflow structure in Freeman Park. In response to a question from Councilmember Woodruff, Director Nielsen explained the current plan for Freeman Park is to leave the westerly end natural. In response to a question from Councilmember Bailey, Director Nielsen explained there are private developments that have ponding areas and associated maintenance agreements as part of their drainage systems but he was not aware of any with rain gardens. He noted if a ponding area serves more than one specific project the City assumes responsibility for maintenance of the pond after acquiring an easement. When a ponding area serves one specific development that development is responsible for maintenance. He explained a residential property on Lake Linden has a maintenance agreement with both the City and the MCWD. In response to a question from Councilmember Bailey, Director Nielsen explained the City will likely conduct an annual maintenance check of the drainage facilities. If grass clippings have been dumped into the drainage Swale or if plants have been removed from the rain garden the to-be-determined entity responsible for maintenance of the drainage facilities will be instructed to correct the situation. Bailey SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 6 of 17 asked what would happen if they didn't. Nielsen stated the City can go in and do it and assess the property owners. Bailey questioned if the City had ever assessed a property owner for that type of maintenance. Director Brown explained the typical service life for a Natural Urban Runoff Program (NURP) pond is 20 - 25 years. The City has not assessed for cleaning a pond of sediment. Brown then explained there are developments throughout the City where the City has similar arrangements. He stated it will be cumbersome for the City to be the enforcement agency. He went on to state Staff will have to take time to continually educate residents about drainage systems which are designed to have storm water flow through a drainage and utility easement. Councilmember Bailey expressed concern that every year the City could have to bring a backhoe into the area only to have the property owners get upset. Director Nielsen clarified there will be annual monitoring of the drainage system, but not annual maintenance. He stated he anticipated property owners will be less likely to throw grass clippings and leaves into the dry rock river bed drainage swale then a more natural swale or wetland. He also stated when the maintenance agreement specifies the City can assess for maintenance and knowing the City's rate is somewhat high, property owners have a greater tendency to comply. Councilmember Bailey stated he challenged future Councils to have the resolve to assess for maintenance efforts when property owners are unwilling to perform the necessary maintenance. In response to a question from Councilmember Zerby, Director Nielsen explained the hardcover requirement for the proposed lots is 33 percent because they are not located in a shoreland district. Shoreland districts have a 25 percent requirement. Councilmember Zerby stated the proposed drainage system could be equated to "active storm water management system" and he questioned if the City should consider requiring new lots to have more green space which would allow for a more "passive system". He anticipated the City will experience problems with residents using drainage easements for purposes other that what is intended. Acting Mayor Turgeon stated the preliminary plat satisfies the City's hardcover requirements and lot size requirements. It would require a change to the City's Ordinance to force him to have less hardcover. Councilmember Zerby recommended Council discuss the possibility of reducing the hardcover requirements. Director Brown stated the preliminary plat does comply with the City's Ordinance. He credits the applicant and Staff for identifying a drainage system that will work on that flat property. The City does not have to accept the proposed system. For example, it could require a storm water lift station be installed. The City has the latitude to look beyond just complying with the Ordinance by considering the maintenance implications and storm water management implications in the City's right-of-ways. Councilmember Bailey questioned if Staff has different points of view regarding the proposed drainage system. Director Nielsen stated from his vantage point Staff has worked together with the applicant to identify a solution. Woodruff moved, Bailey seconded, approving the preliminary plat for Brent Hislop, Synergy Land Company, LLC, for 6045 Strawberry Lane subject to Staff recommendations. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 7 of 17 Director Nielsen clarified that per the Executive Summary for this meeting Staff was asking Council to direct Staff to prepare a resolution approving the plat. Woodruff withdrew his motion. Woodruff moved, Bailey seconded, directing Staff to prepare a resolution approving the preliminary plat for Brent Hislop, Synergy Land Company, LLC, for 6045 Strawberry Lane. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Harding Lane/Smithtown Lane Proposed Alignment Roadway Template Engineer Landini stated Staff has coordinated a public information meeting for January 27, 2009, from 7:00 P.M. to 8:30 P.M. at the Southshore Center to discuss the potential reconstruction of Harding Lane and Smithtown Lane. Council was provided with the aerial photo generic alignment sketches for both roadways. He explained Harding Lane has 50 feet of right-of-way, and the proposed generic alignment and cul-de-sac fit within the existing paved surface. Smithtown Lane has 66 feet of right-of-way. Two of the homes on Smithtown Lane are nonconforming to existing setback requirements, and if the new roadway is placed in the center of the right-of-way these homes will be in close proximity to the roadway. The proposed cul-de-sac for Smithtown Lane will require land procurement; the land owner has been contacted and is interested in speaking with the City about this. The properties on the north side of Smithtown Lane have already been assessed for water main; therefore, the burden for installing water main would fall on the property owners on the south side. In response to a question from Councilmember Bailey, Engineer Landini explained that both of the roadways are eligible for water main extension from a physical perspective. The water main in Wedgewood could be extended to Harding Lane and the water main in Smithtown Road could be extended to Smithtown Lane. He stated the City has typically assessed for water main extensions. In response to another question from Bailey, Director Nielsen explained the properties on the north side of Smithtown Lane are double-fronted lots and water main access is already available for them. These property owners would pay the $10,000 connection fee less the amount already assessed when they connect to the water main. Councilmember Woodruff stated he had no issue with the Harding Lane generic alignment, but he asked if Smithtown Lane must be in the center of the right-of-way because doing so would impact a number of trees on the south side lots. Engineer Landini explained it was placed in the center to be fair to property owners on both sides of the roadway. In response to another question from Woodruff, Landini explained the triangular-shaped parcel at the entry on to Smithtown Lane is owned by the City. Councilmember Bailey questioned what the City's position is about water main extension as part of roadway reconstruction projects. Director Nielsen explained the first question that must be answered is if it is feasible to extend water main and then does the City want to reconstruct a roadway without extending water main. The City's policy defines financially feasible as costing a property owner no more than $10,000 per lot, noting the City can choose to fund anything in excess. It's also the policy to extend water main if a super majority of the affected property owners want to extend it, and this requirement can be overridden by Council. The position of past Councils was residents should be asked about extending water main whenever a roadway is reconstructed. If 67 percent or more of the residents were in favor of SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 8 of 17 the extension then Council would likely do the extension; if not, it would take a super majority of the Council to approve the extension. In response to a question from Councilmember Zerby, Director Nielsen explained the area near Smithtown Lane is fairly developed. In response to a request from Councilmember Bailey, Engineer Landini highlighted the information contained in his 20-slide PowerPoint presentation for the meeting. In response to a commented from Acting Mayor Turgeon, Engineer Landini stated he tried to measure the roadway surface width of Smithtown Lane through the snow and the width ranged from 20 - 22 feet. In response to another comment, Landini stated the City's Comprehensive Plan states roadways will be reconstructed with a 24-foot-wide driving surface. If that is not possible it can be constructed to a minimum width of 20 feet, but there would be no parking on either side. Director Nielsen stated the starting width is the City's standard, and if there are features that prevent from being achieved then a decision can be made to reduce the width with the minimum allowed being 20 feet. Councilmembers Bailey and Zerby will attend the public information meeting. B. Stormwater Management Plan and Memorandum of Understanding Engineer Landini stated that after many months of work and three reviews by the Minnehaha Creek Watershed District (MCWD), the City's Comprehensive Water Resource Management Plan (the Plan) update has finally been conditionally approved by the MCWD. The condition is the City has to execute a memorandum of understanding (MOU) with the MCWD. One of the items in the MOU is the City is required to send samples of debris swept from City's streets so the MCWD can evaluate how much phosphorous was removed during the street sweeping effort. Landini stated Staff was asking Council to adopt the Plan and execute the MOU. In response to a question from Councilmember Zerby, Engineer Landini explained the City should be able to meet its street sweeping phosphorous removal requirement with the current schedule. In response to another question from Zerby, Attorney Tietjen stated she reviewed the MOU. Tietjen noted the MOU is self renewing every five years unless action is taken to terminate it, and there is no notice requirement for termination. Councilmember Woodruff stated the City spent $78,200 dollars for consulting services to help with the update of the Plan. It took a lot of work to do the Plan update, and it will take a lot more work to implement everything identified in the Plan. He noted it was an unfunded mandate. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-005, "A Resolution Adopting the Comprehensive Water Resource Management Plan" and Executing a Memorandum of Understanding Between the Minnehaha Creek Watershed District and the City of Shorewood for Local Water Planning and Regulation. Motion passed 4/0. 10. GENERAL/NEW BUSINESS A. Authorize Expenditure of Funds for City Hall Furnishings SHOREW€ OD CITY COUNCIL, REGULAR MEETING MINUTES January 26, 2009 Page 9 of 17 Administrator Heck explained a committee of staff members worked with several vendors on identifying options for and pricing of furnishings, fixtures and equipment (FFE) for the renovated City Hall. The committee considered all new, refurbished, reupholstered FIFE and as well as a combination thereof. The committee recommended a combination. Heck highlighted some of the committee's recommendations. Each individual office would have new work areas and chairs, with the work area being customized based on the individual's needs. All of the chairs (Council, Staff and audience) in the Council Chambers will be replaced with new chairs. New tables and chairs for the two conference rooms are also recommended. The cost for the FIFE is approximately $65,000 - $67,000 including delivery and installation where applicable. He commented the estimated cost for the committee's first proposal was $72,000 - $$92,000; the committee was asked to revise that proposal. Heck distributed a spread sheet of costs for the renovation effort. It identifies the estimated costs, the bid amounts, actual to date expenditures and total cost estimates for construction, architectural, the owners representative, bond issuance, telecommunications, FFE, audio visual for the Council Chambers and contingency. He explained the bond amount for the project is $1,310,000. He reviewed the aforementioned costs for each category. The project was estimated to cost $1,432,869 not including interest on the bonds, and the projected final cost is $1,241,858. Interest earned on the bonds is estimated to be $12,000. The final cost projections do not include change orders, and two change orders are anticipated. He noted costs for audio visual equipment for the Council Chambers were not included in the original cost estimates. He explained the final cost estimates for FIFE, telecommunications equipment and audio visual equipment for the Chambers are based on conversations with vendors. The other estimates are based on year-to-date expenditures. Heck reviewed the items he thought were necessary. They are new furniture for individual offices, new seating for the Council Chambers (for Council, Staff and the audience), conference room tables and chairs, and an equipped lunch-room area. He did not think additional filing storage was needed immediately for individual offices. He recommended Staff consider what the City's approach for long- term storage of documents is before any additional acquisitions are made. He stated it will take approximately six weeks from time of order for the FFE to be installed. Councilmember Woodruff stated the cost to landscape the City Hall property was not included in the original project estimate and it is not included in the projected final costs. Administrator Heck explained the bid specifications state the lawn and grass will be restored; essentially the contractor is responsible for final grading, topsoil, sod and maintenance of the sod for 30 days. Any additional landscaping is not included. In response to a comment by Councilmember Woodruff, Heck explained the contractor has to repair any damage done to the parking lot, curbing and sidewalks. Director Nielsen explained the City issued itself a conditional use permit (C.U.P.) for the project and one of the conditions of approval is the City must hire a landscape architect to prepare a landscape plan that includes a rain garden for the City-owned property next to City Hall, some additional landscaping on the north side of the building and enhancing the large berm located in front of City Hall. Councilmember Woodruff questioned if the cost for additional landscaping can be funded out of the approved project funding. He wants to be assured that if the FFE proposal is approved this evening that there will be funds available to do additional landscaping. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page IO of 17 Administrator Heck explained the City has a Technology Fund which is used to purchase things such as replacement computers, and some of that fund could be used to purchase the audio visual equipment for the Chambers. The number of cameras currently planned for the Chambers could be reduced to two from three, and the third one could be purchased at a later date if needed. Councilmember Bailey stated Administrator Heck's final total project cost estimate is close to budget and he is counting on Heck's estimates being reasonable. He recommended Council let Heck manage the project to ensure it's completed within budget. Bailey moved, Zerby seconded, approving the purchase of furnishings as identified in the memorandum dated January 22, 2009. Councilmember Woodruff agreed with Councilmember Bailey's position that Administrator Heck should determine what the most effective use of the remaining project funds is. He then stated he agreed the Council chairs in the Council Chambers should be replaced, but he thought the chairs that are recommended could be scaled back as he thought high-backed faux-leather chairs would convey the wrong message. He also thought the Staff chairs in the Chambers could be scaled back. He thought the audience chairs proposed for the Chambers should be reviewed to be more in tune with the new Chambers. Councilmember Zerby stated he was okay with Councilmember Woodruff being on the chair committee for the Council Chambers and helping make the decision on what chairs to purchase. Motion passed 4/0. B. Authorize Expenditure of Funds for Audio Visual Equipment Administrator Heck explained the Council Chambers has a control room where the videographer can operate cameras and audio for meetings. The project budget estimate did not include the costs for any new audio visual (AV) equipment. The current sound system for the Chambers is antiquated and needs replacing, and the switcher component of the video equipment is not functioning. Staff has worked with the Lake Minnetonka Communications Commission (LMCC) and vendors to identify the necessary equipment and components required to make the control room functional. Heck reviewed Staff's recommendations for the audio portion which are based on recommendations from the LMCC and Alpha Video, the vendor. New recording and additional microphones for Staff should be purchased, noting the existing microphones for the Chambers will be reused. The estimated cost for this portion is approximately $11,200 including tax and installation. For the video portion Staff is recommending the purchase of switching equipment, three remote control cameras (per the LMCC's recommendation), a presentation screen and related equipment for a cost of approximately $28,900. If Council would like to reduce the cost it could decide to reduce the number of cameras to two at this time, and purchase a third one at a later date if one is needed. Staff recommends delaying the purchase of presentation part of the proposal and budgeting for that in future years, as well as delaying the purchase of a document camera. Councilmember Zerby stated Administrator Heck's spread sheet of projected project costs indicates the AV equipment will cost $35,000 yet the amounts just discuss are approximately $41,000 and he Administrator Heck stated the pricing is off of the State contract, but that does not mean it's the lowest price available. He noted part of the discrepancy in AV equipment costs is if the vendor installs both the audio and video components at the same time the City will incur only one installation charge, and his projected AV cost includes only two cameras and two power supplies. In response to a question from Councilmember Zerby, Administrator Heck explained the audio portion will feed into the speakers in the Council Chambers as well as the recording device. Zerby asked if the recommended equipment will have digital recording capabilities. Heck stated he assumed the equipment will be digitally compatible. Councilmember Zerby recommended the City purchase only two cameras; equipment gets cheaper and better overtime. He questioned why another DVD video recorder is being recommended for purchase. He stated he thought the headphones recommended were fairly expensive. Councilmember Woodruff stated he thought the City could purchase a cheaper set of headphones. In response to a question from Woodruff, Heck stated the only presentation equipment cost included in his projected project cost was for an electronic presentation screen. Woodruff suggested that there be more introspection on what equipment was actually needed. Administrator Heck stated he understood Council to say it wanted the proposals for AV equipment refined and he will have that done by the next regular Council meeting. This continuance will not impact the project schedule. In response to a question from Councilmember Bailey, Administrator Heck stated if a third camera was purchased at a later date there would be a modest extra installation charge for it, noting the wiring is already there, Bailey stated he thought three cameras should be installed as part of the project. He understood the desire to spend less, but having a video system that pans the audience didn't sound very appealing to him. Part of the reason to renovate City Hall was to bring it into the twenty first century. Councilmember Zerby stated he did not think having a third camera would enhance the viewing experience of Council meetings. He would prefer funds for a third camera and power supply be spent on things such as titling equipment which would display the topic being discussed. Councilmember Woodruff stated he would like to have the presentation materials shown during a meeting be fed to the video recording equipment. Administrator Heck explained that is what a document camera is for. Woodruff stated he thought two cameras would be adequate. Councilmember Bailey stated he would prefer funds be spent on good technology that will be appreciated years from now. Administrator Heck stated Staff will refine the proposals. Councilmember Woodruff stated he wanted to again discuss the landscaping issue. Administrator Heck stated that will be discussed at the construction meeting scheduled for tomorrow, and if the City is not SHOREWOOD CITY COUNCIL REGULAR MEETING MINU'T'ES January 26, 2009 Page 12 of 17 going to need some of the landscape restoration included in the contract then maybe the City will be eligible for a credit for what is not done. Councilmember Woodruff requested Staff prepare a plan for when landscaping related activities will occur. Councilmember Woodruff stated he wanted to have a discussion about the phone system at the next meeting. Administrator Heck explained the Technology Committee is scheduled to meet on February 5, 2009, and a phone system will be one of the items discussed. Director Brown stated he did not think it was feasible to be prepared to discuss phone systems at the February 9, 2009, Council meeting; it would more likely be the February 23`d meeting. Heck stated the Committee will have three RFPs to consider. Woodruff questioned what the impact will be by waiting to have that discussion until February 23`d. Heck did not think there would be any. Acting Mayor Turgeon recessed the meeting at 9:00 P.M. Acting Mayor Turgeon reconvened the meeting at 9:05 P.M. C. Schedule for Work Sessions Administrator Heck stated there are several topics coming up for discussion during Council work sessions that will require more than one hour of discussion. The 20-year Pavement Management Plan (PMP) will likely require a minimum of a two and one-half hour discussion. Council will have to have serious policy discussions about the budget. He stated there have been times when Council had started a work session prior to its regular meeting and continued it to after the regular meeting, and met on into the evening. Based on his experience people are tired by 9:30 P.M. - 10:00 P.M. One suggestion is to schedule work sessions on either the first or third Mondays of a month from 5:00 P.M. - 8:00 P.M. allowing Council the opportunity to finish discussing a topic during one meeting. Councilmember Bailey stated he was supportive of Administrator Heck's suggestion for key issues, and shorter discussions could still be scheduled for the one-hour-long work sessions scheduled to immediately precede a regular meeting. Bailey then stated work sessions could be scheduled for both the first and third Mondays if need be. Councilmember Zerby recommended only one topic be discussed during a work session. When there are multiple topics often times the discussion on the second or third topics are cut short. Councilmember Woodruff stated he was willing to participate in work sessions on the first and third Mondays, and he was also willing to continue to have one-hour-long work sessions prior to regular meetings provided the agendas were a reasonable length. He then stated when Council made the decision to have its work sessions televised the LMCC stated it would only do work sessions that were held on a regular meeting day. He wants to have the additional work sessions televised. Administrator Heck stated he will contact the LMCC about reconsidering its position. Councilmember Woodruff requested Council be given advance notice of a meeting scheduled for the first or third Monday. D. Making the Minnetonka Community Education (MCE) and Lake Minnetonka Conservation District (LMCD) Board Representative Appointments SHOREW®®D CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 13 of 17 Administrator Heck stated the only individuals applying to represent the City on the Minnetonka Community Education Advisory Council and the Lake Minnetonka Conservation District (LMCD) Board are the current representatives Tad Shaw and Richard Siakel respectively. Those two individuals wanted to continue in their positions. Zerby moved, Bailey seconded, Adopting a Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council and a Resolution Making an Appointment of Richard Siakel to the bake Minnetonka Conservation District Board. Councilmember Woodruff stated a resident who is not an elected official of the City has represented the City on the LMCD Board for a long time. There is no requirement that it cannot be a councilmember. He wants an elected official to serve on the Board because he thinks the organization is in a period of change in direction, and it's starting to consider some fairly weighty things. He volunteered to serve on the Board. Acting Mayor Turgeon stated 2009 will be a crucial year for the LMCD because it will be battling with the Lake Minnetonka Association and a few other agencies over who is going to be responsible for projects, and that will affect budgets. Councilmembers are the only people accountable for approving the agency's budget. She thought 2009 would be a good year to have a Councilmember on the Board. Councilmember Zerby stated he did not think it was appropriate for Council to decide which years it wants a Councilmember to serve on the Board. Ultimately the appointed representative reports to the Council. This is an excellent opportunity for residents to be involved in and to serve the community, and to take that opportunity away from them is a tragedy. Acting Mayor Turgeon stated there were plenty of other opportunities for residents to be involved. Councilmember Zerby stated he disagreed. The LMCD Board is an opportunity for residents interested in serving the community and interested in serving Lake Minnetonka to be part of the process. Councilmembers have more than enough opportunity to insert their influence on that group without serving as the representative. The other LMCD member cities also appoint representatives who are not an elected official and it's been the City's position to do the same for many years. He did not think there was any need to change it. Acting Mayor Turgeon stated she thought other member cities have elected officials serve as their representative. Councilmember Zerby stated Council has the same amount of influence without having a Councilmember be a representative on the LMCD Board. Any funding requested by the LMCD of the City has to be approved by the Council. Councilmember Woodruff stated there is both a budgeting and expenditure side with regard LMCD finances. He then stated that from his vantage point Council needs to have a much more direct role with what is going on in the LMCD, and a Councilmember should serve as the City's representative on the LMCD Board. Councilmember Zerby stated he thought that was a conflict of interest. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 14 of 17 Councilmember Woodruff stated there are changes that are happening with that organization such as the exotic species activities and there are discussions about the LMCD's charter, and it was important for the City to have a more direct role then is possible with a nonelected official as a representative. Councilmember Zerby stated he thought this proposed change in direction is politically motivated, vindictive, and selfish and it's not the right thing to do. Acting Mayor Turgeon stated she has attended LMCD Board meetings, and from her vantage she has witnessed representatives not representing their cities; they represented their personal interests. She then stated she thought some of Councilmember Zerby's comments were offensive. Councilmember Bailey stated he presumed if Councilmember Woodruff was appointed as the representative Woodruff would represent Council's position. Woodruff stated for matters that have to come before Council, he would bring them to Council at its first regular meeting after a Board meeting; and, any substantive positions that have to be taken would be the Council's even if he was in opposition to the position. Acting Mayor Turgeon stated it is the same as other positions where Councilmembers serve as the representative. Councilmember Zerby stated it sounds good in theory, but there is a record where Councilmember Woodruff has disagreed with the LMCD on record as a resident owning Lake Minnetonka Lakeshore property. Woodruff stated he resented that allegation and would be willing to hear the supporting facts if Zerby could supply them. Zerby stated if Council wanted to continue this to its next meeting he would be happy to supply the facts. Motion failed 113 with Bailey, Turgeon and Woodruff dissenting. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-006, "A Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education Advisory Council". Motion passed 4/0. Bailey moved, Turgeon seconded, appointing Richard Woodruff to the Lake Minnetonka Conservation District Board. Motion passed 311 with Zerby dissenting. E. Official Paper Cost Review for Legal Notices Administrator Heck explained at its January 12, 2009, meeting Council requested Staff obtain the rates for publishing a legal notice in the Sun Sailor ($25.03), the Laker ($26.46), the Lakeshore Weekly ($40,80), and the Star Tribune ($146.20) newspapers. Councilmember Zerby questioned if the Star Tribune was for the WestExtra weekly section only. Administrator Heck stated he did not know that answer. Acting Mayor Turgeon stated at the above referenced meeting Director Nielsen indicated that planning notices are published in both the Sun Sailor and Laker as a matter of practice. Councilmember Woodruff stated many of the City's residents do not subscribe to the Star Tribune, and the Sun sailor and the Laker are available to all. If the Star Tribune were to be the official newspaper for SHOREWOOD CITE' COUNCIL REGULAR. MEETING MINUTES January 26, 2009 Page 15 of 17 the City the number of residents reached would be less. Also, there are a number of residents who receive the Laker and not the Sun Sailor and the City owes it to them to publish notices in the paper they receive. Woodruff moved, Bailey seconded, appointing the Sun Sailor and the Laker as the two official publications for the City of Shorewood's legal notices. Motion passed 4/0. F. Park Coordinator/Scheduling Agreement This was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated he did not think the scope of services identified relating to coordinating the Park Commission meetings was complete, and he requested the missing tasks previously performed by Director Brown and Engineer Landini be added to the list. There was consensus to continue this item to the next Council meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. He stated the addition was fairly complete. Staff has relocated into the addition. Renovation of the other portion of the building will start on January 27, 2009, and work on the roof is scheduled to begin on January 28, 2009. Councilmember Zerby asked if Staff has received any additional information about the ventilation in the server room. Administrator Heck explained the mechanical engineer who designed the system informed Staff there is heating and air conditioning circulating through the room. The engineer indicated if need be, additional equipment can be placed in the room if more heat is generated than the system can accommodate. Other Staff Reports Administrator Heck stated there was a meeting on the Southshore Senior Community Center on January 23, 2009, and its purpose was to discuss the Southshore Center Cooperative Agreement (the Agreement). This Council and the Deephaven Council had previously expressed concern about the termination component of the Agreement should one of the five member cities decide to withdraw from the Agreement. This was discussed during the meeting and no decisions were made, but participants thought the option discussed should be reviewed with the various member cities' councils. Heck reviewed the option discussed. If a member city withdraws it will receive only its original investment, and that would not occur until the Agreement is dissolved and the facility liquidated. The members who remain in the Agreement will receive their initial investment and will equally share in any appreciation in value. They will also equally share the costs for the long-term care and maintenance of the facility. All member cities would have to approve any future amendments to the Agreement, and it will remain that two-thirds of the cities would have to agree to dissolving the Agreement and liquidating the assets. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 16 of 17 Heck stated there was not much discussion about the proposed operating committee at the meeting. There was discussion that the operating committee would have the authority to approve expenditures up to a to- be-determined level. Acting Mayor Turgeon asked if there was any discussion about how a departing member city's share of on-going expenses is distributed to the remaining member cities. Administrator Heck stated that was not discussed in detail. Councilmember Woodruff stated he was not overly enthusiastic about a departing member city being able to get their initial contribution back when the asset was liquidated, but he could support what Administrator Heck explained. Acting Mayor Turgeon stated she was okay with the decision, to which Administrator Heck clarified no decision has been made by the group discussing this. The Cities of Excelsior, Greenwood and Tonka Bay may take issue with having to increase their portion of the long-term maintenance costs. Administrator Heck stated he understood Acting Mayor Turgeon and Councilmembers Bailey and Woodruff to indicate to move forward with the option presented. Councilmember Zerby stated he wanted to have all of this in writing to review before he commented on it. Heck stated he would write a report on the January 23rd meeting. B. Mayor & City Council Councilmember Woodruff stated he attended the Lake Minnetonka Communications Commission Executive Committee meeting held on January 19, 2009, to make a request of the Committee to fund 50 percent of the cost of a broadband feasibility study. Although the Committee looked upon the feasibility study favorably, it chose not to take any action for 60 days. The Committee is planning to come before the LMCC member cities with a proposal to purchase the facility it is currently operating out of. Councilmember Bailey stated he attended an Excelsior Fire District (EFD) Board meeting held on January 21, 2009. He provided a short report on what was discussed. He elaborated on the Excelsior Firefighters Relief Association (EFRA) presentation given during the meeting. He explained the EFRA Pension Fund was 112.5 percent funded at the end of 2007 and because of the economic market it ended 2008 being only 81 percent funded and with a deficit of approximately $668,000. This deficit position will trigger a mandatory contribution, per State Statute, from the member cities starting in 2010 with the 2010 amount being approximately $67,000 (or one tenth over ten years). He expressed concern there appears to be a serious "alignment of interest" with the EFRA arrangement. The EFRA membership wants to have the highest per-year-of-service benefit level allowable by State Statute. In order to have the possibility of achieving that, the EFRA tries to earn the highest return on its investments. If the investments perform poorly, as they did in 2008, the member cities become liable to correct the deficit position. In the insurance industry that is referred to as an agency risk problem, and every once in a while things turn out badly. It is definitely an asymmetrical risk structure. He recommended Council have future discussions about this. He stated this is just the first of many funding problems various cities are going to encounter. Bailey suggested Council begin discussing the public safety budgets sooner versus later, and he strongly recommended Council request EFD Chief Gerber and South Lake Minnetonka Police Department Chief SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES January 26, 2009 Page 17 of 17 Litsey to appear before Council early on in their budgeting cycle to discuss the 2010 budget. He stated he would not be surprised to see property values go down in the City resulting in a loss of tax revenue to the City. In the past the EFD and SLMPD budgets have experienced growth of 5 - 6 percent, and because the police and fire services budgets collectively account for one-third of the City's budget that will be difficult to handle. There was ensuing discussion about the EFRA Pension Fund and how it was managed. 12. ADJOURN Woodruff moved, Bailey seconded, Adjourning the City Council Regular Meeting of January 26, 2009, at 9:59 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Administrator/Clerk