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042709 CC Reg Min5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 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 Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director Burton: Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Turgeon moved, Woodruff seconded, approving the agenda amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, April 6, 2009 Turgeon moved, Zerby seconded, Approving the City Council Special Meeting Minutes of April 6, 2009, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, April 13, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of April 13, 2009, as amended in Item I LB, Page 12, Paragraph 6, Sentence 5 change "and the Hennepin County Sheriffs Patrol attended" to "and Hennepin County attended". Councilmember Woodruff stated during the April 13, 2009, Council meeting he requested Staff to make recommendations on how to possibly offset some of the large payment for legal expense approved during that meeting by making reductions in other areas. He related Administrator Heck stated Staff was not ready to make any recommendations of possible reductions and that the City has adequate reserves to absorb the cost. He stated he was satisfied with Heck's response. Motion passed 510. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Bailey seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. CITY OF S] _JLAR COUNCIL MEETING MINUTES April 27, 2009 Rage 2 of 14 A. Approval of the Verified Claims List Staffing: Authorization to Advertise Public Works Position (This was moved to Item 9.A under Engineering/Public Works.) C. Accept Quote and Award Contract for Eddy Station Facility Rehabilitation at Freeman Park D. Accept Change Order No. 1 for Silverwood Park and Cathcart Park Recreation Courts Resurfacing E. Custodial Services for City Hall and Public Works Buildings (This was moved to Item I O.C under General/New Business.) F. Adopting RESOLUTION NO. 09-017, "A Resolution Accepting the Lift Station 16 Rehabilitation Project, City Project 08-05". G. Performance Evaluation Training (This was moved to Item 10.1) under General/New Business,) H. Lake Minnetonka Association Funding Request (This was moved to Item IO.E under General/New Business.) I. Adopting RESOLUTION NO. 09-018, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Bituminous Seal Coat Project 2009". Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Recognition of Service - Planning Commissioner Scott Schmitt On behalf of the Council and the residents of Shorewood, Mayor Lizde thanked former Planning Commissioner Scott Schmitt for his more than three years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. She stated Mr. Schmitt served as the Chair of the Commission for over two years and he did an excellent job in that capacity. Mr. Schmitt led the Commission with fairness and integrity. She explained that during his time as Chair, the Commission held 17 public hearings, ranging from simple subdivisions to some very controversial matters. She stated Mr. Schmitt's stature is highly regarded and he ran a great Commission. Mr. Schmitt thanked Council for the opportunity. He stated it was a wonderful experience for him. Schmitt then stated as part of his career as a developer he has had the opportunity to make many presentations to city councils and planning commissions. He noted that the Shorewood Staff is one of the best city staffs, if not the best, he has every worked with. He stated Director Nielsen's presentations to the Planning Commission have always been very thorough and good; he thought Nielsen does a great job. He 6. PUBLIC HEARING None. 7. PARKS Commissioner Trent reported on some of the matters considered and actions taken at the April 14, 2009, Park Commission meeting (as detailed in the minutes of that meeting). A. Update on TKDA Park Consultant Services Kristi Anderson, with Community Rec Resources, stated the Park Commission has been working TKDA over the last few months on updates to the City's Master Plan for its park system. During the April 14, 2009, Park Commission meeting representatives of TKDA presented TKDA's park renderings and recommendations for the City's five major parks. TKDA was asked to revise its recommendations to include the Commission's recommendations and present the final renderings and recommendations during the Commission's May 12`x' meeting. She extended an invitation from the Commission to the Council to attend that meeting to view TKDA's final presentation. She stated the Commission recommends the illustrative Updated Park Master Plan be made available for review and comment by the residents during the City Hall Open House event. She commented Planning staff has been in contact with TKDA regarding landscaping for the City Hall property. Ms. Anderson stated the Park Commission has been learning about a potential community garden project. A small group of community gardeners (the Garden Team) has discussed this topic with the Commission. The concept originally started out to be a way for children to learn about organic gardening; it has evolved to become a demonstration garden in 2009 to provide a multigenerational learning experience. The Commission has recommended the location of the City's Skate Park for the demonstration garden. She has been preparing guidelines for City staff and the residents so that all will know what the expectations are. The Commission will discuss the guidelines on April 30'x', and they will be presented after that for Council's endorsement. In response to a question from Councilmember Turgeon, Ms. Anderson clarified the area proposed for the demonstration garden is not going to be divided into community garden plots. Ms. Anderson stated the Garden Team will prepare a schedule for when it will have volunteers at the garden to help people learn the basics about organic gardening, growing vegetables and herbs, etc., noting there will be master gardeners on site some of the time. The Garden Team's intent is to demonstrate a community garden can be a success with the impetus that a suitable location could be found for community garden plots. It's anticipated the demonstration garden will be approximately 20 feet by 30 feet. Mayor Lizee stated quite a few of the City's sister cities have community gardens for its residents. It's her understanding that the Garden Team is hoping that it can continue to work with the Park Commission to identify a suitable location for community garden plots. Manor Park would work well because it has adequate parking, and there is access to water. She encourages the Garden Team and the Park CITY OF! OOI) REGULAR COUNCIL MEETIN , -J a ES April 27, Page 4 of 1' Commission to continue discussions as there is strong community support for the City having community gardens. Ms. Anderson stated there is a strong support group for trying to make this happen. She explained as part of the park redesign process the Park Commission is discussing feasible locations for community gardens. Councilmember Turgeon asked if the Park Commission has talked with the City of Excelsior because Excelsior is considering converting space at one of its relatively unused parks into a community garden. Ms. Anderson stated the Garden Team has taken soil samples from the Skate Park and submitted them for assessment. She commented the Team wants to grow vegetables and donate some of them to food shelves. She indicated she will call the City of Excelsior. Councilmember Woodruff commented that TKDA's concept plans include a community garden at Manor Park and at Cathcart Park, and the Park Commission discussed them during its last meeting. Ms. Anderson stated that when the City was in the liquor operations business, it ran a community arts program in its stores. The City solicited local artists to display their art work in the store. City Hall has a lot of empty wall space, and she asked Council if it would be appropriate to do something similar at City Hall. Mayor Lizee stated she thought that would be a good idea, and she commented there was brief discussion about that during early discussions about renovating City Hall. A one percent for arts program was discussed. She wanted to engage the local art community to display their art work in City Hall. Councilmember Turgeon stated there is a file with the names of local artists some where in the Southshore Center; local artists used to be able to display their work at the Center. The artists were able to have private showings of their works at the Center. 8. PLANNING Chair Geng reported on matters considered and actions taken at the April 21, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). He noted that the Planning Commission will hold two public hearings during its May 5, 2009, meeting; one for updates to the City's parking requirements and the other for the Comprehensive Plan. In response to a question from Councilmember Zerby, Director Nielsen explained the hearings will be publicized in the City's May newsletter and in the City's official newspapers. A. Administrative Enforcement Director Nielsen stated Council discussed draft ordinance regulations for administrative code enforcement during its April 13, 2009, meeting. During that meeting Councilmember Woodruff asked Staff to review the definition of "owner" to assess if it should be clarified. Staff has done so and does not think it should be changed. He explained if Council approves the ordinance this evening a summary of it probably won't be published until mid-May. He stated at its next meeting Council will be provided with a resolution for the official summary of this ordinance for publication. Zerby moved, Woodruff seconded, Approving ORDINANCE NO. 458, "An Ordinance Amending Chapters 103 and 104 of the Shorewood City Code, Establishing Administrative Enforcement of Code Regulations." Motion passed 510. CITY OF'-- _ 00I IIEC.JL _UNCiL, ML 's April 27, 1 Rage 5 of 14 9. ENGINEERING/PUBLIC WORKS A. Staffing: Authorization to Advertise Public Works This was removed from the consent agenda at Councilmember Turgeon's request Councilmember Turgeon stated she understands Director Brown's request, which is to move Public Works Utility Operator Chris Pounder to the open light equipment operator (LEO) position, and then advertise for a licensed utility operator. She requested that before this is done an analysis be conducted of Public Works staffing needs; an analysis similar to what Administrator Heck conducted in the later part of 2008. She also wanted the analysis to determine if the position was needed would it be better served by a full-time employee or two part-time employees. She recollected that at one time Brown wanted to find a person who had black-top expertise and she is unsure if Mr. Pounder has that expertise. She suggested the advertisement be delayed until a staffing analysis is completed. Mayor Lizee asked Director Brown to comment on this, noting he has already done his research. Director Brown explained the LEO position is actually a leadership position. This LEO needs to work in a number of areas: roadways, storm water management, grading of roadways, the City's parks, and even water main breaks. He attempted to match Mr. Pounder's individual needs with the needs of the LEO position as well as some of the needs expressed by the Public Works crews. He believes that Mr. Pounder is a good fit for the position, and this move would be a good solution to some of the issues currently being experienced in some of the other areas. For approximately the last year and one-half he has been considering asking for authorization to add a part-time utility operator to the full complement of Public Works staff; he dropped that thought because of the current economic climate. He has tried to restructure his staff around the high priority needs of roadways. It's a challenge to satisfy all the needs of the NPDES requirements with day-to-day operations. He commented that at one time he had considered hiring someone with asphalt experience, but he reconsidered that after realizing a person with that type of foreman experience may not be the easiest person to work with. Councilmember Turgeon stated she wanted Staff to prepare a long-range staffing plan for Public Works. She thought there were other people in the department that had utility licenses, and she questioned if they were being utilized effectively now. Mayor Lizee stated she respects Director Brown's opinion and recommendations. All Brown is ultimately asking to do is fill the position created by a retirement with an employee and then back fill that position. Councilmember Turgeon stated the retiree was not a utility operator, and she questioned why the City would not advertise for a LEO. Director Brown explained when the City created the Utility Department five years ago, the goal was for all LEOs have a utility license, noting that does not mean they would be paid the same wage as a utility operator. In response to a question from Councilmember Zerby, Brown stated that would allow more flexibility in staff utilization. Councilmember Turgeon stated she wants to be sure the City is hiring for the right position before this moves forward. She suggested Administrator Heck and Director Brown prepare a staffing analysis for Public Works. CITY n- v '%wEWOOD REGULAR COUNCIL MEETING MINUTES April, 7, : . Page b of 14 Councilmember Woodruff stated it may be beneficial to consider Mr. Pounder's potential reassignment separate from advertising for a utility operator. He could support reassigning Mr. Pounder to the LEO position. He asked Administrator Heck to comment on staffing. Administrator Heck stated he and Director Brown have discussed Public Works staffing needs, and he told Brown that he wanted Brown to make sure he has the correct number of staff keep that department functioning. He had already asked Brown to assess if he could successfully operate the department if the open position was not filled, noting Brown could not. He noted that when he did a staffing analysis in 2008 he determined Public Works staffing is in line with that of cities of similar size, and he had indicated Public Works staffing is already thin with there being only nine people including Brown. He stated if all LEOs had utility licenses, it would allow for more effective use of staff because more staff could be allocated to a project. Zerby moved, Bailey seconded, authorizing Chris Pounder to assume the responsibility of light equipment operator, adjusting Mr. Pounder's rate of compensation to a straight light equipment operator rate, and authorizing Staff to post the position of a licensed utility operator internally as well as advertise for it in the League of Minnesota Cities Bulletin, the Sun Sailor and the Laker. Motion passed 4/1 with Turgeon dissenting. 10. GENERAL/NEW BUSINESS A. Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, Request for Funding for the Lake Minnetonka 4th of July Celebration Chair Lizde stated Linda Murrell, Director of the South Lake-Excelsior Chamber of Commerce, was present this evening to make an annual request for funds for the Lake Minnetonka 4"' of July Celebration. Ms. Murrell stated this year's celebration will again be an ambitious, patriotic, and family oriented event in spite of the recession. She explained it's tough to get contributions during these times, and she noted that some of the businesses that made contributions in 2008 are now out of business. She stated the day's activities included a firecracker race, fireworks display, children's parade, a sandcastle building contest, a fishing contest, popular bands from the Twin Cities area, and a performance by the Minnesota Orchestra (for the tenth year in a row). Ms. Murrell stated that she was present this evening to ask the City to contribute funds to help offset the costs for the event (e.g., public safety, permits, etc.). She asked the City to contribute $2,500, and that would classify the City as a silver event sponsor. Councilmember Zerby commented that he has been a resident in Shorewood for fifteen years, and one week after he and his family moved into the City they attended the July 4"' event. He stated he thought the event is a great event and he appreciates the efforts of all of those involved in making it so successful. Zerby moved, Bailey seconded, authorizing $2,500 of funding to the South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July celebration activities. Councilmember Turgeon stated she would be willing to match one of the other South Lake Cities' contributions not to exceed $2,000. Motion passed 3/2 with Turgeon and Woodruff dissenting. In response to a question from Ms. Murrell, Mayor Lizee clarified Council authorized a $2,500 contribution and challenged the other South Lake Cities to increase their contributions by 10 percent. B. Southshore Center Administrator Heck explained the Excelsior Council approved the temporary operating agreement between the five member cities (the Cities) and SSSP without any changes. The Excelsior Council also considered the memorandum of understanding (MOU) between the Cities and approved it subject to Excelsior's liability being reduced from the 20 percent stated in the MOU to no more than the same percent Excelsior contributed to the construction of the facility. Heck then explained the Southshore Center working group (the Group) met on April 23`d to hear presentations from Community Rec Resources and Charthouse Management on their proposals for providing services for the management, operation and programming of the Center. The Group decided it wanted some additional information from the two firins. This request was made that afternoon with a deadline for responding of April 27`x'. The Group has not scheduled a follow-up meeting to discuss the additional information. Attorney Tietjen stated she received a preliminary report earlier in the day about the title search for the Southshore Center property. She explained each of the five Cities holds a 20 percent interest in the property. There had been two ground leases recorded against the property; they still show up as encumbrances. It's her understanding that obligations of the leases have been satisfied with respect to the financing. Norwest Investment Services, the ground lessee in the agreements, needs to convey a deed to the City of Shorewood to clear up the title. That is the only outstanding issue that needs to be resolved. Each of the Cities would have to agree to any conveyance. Councilmember Turgeon questioned if that meant each of the Cities would get 20 percent of $1; Shorewood conveyed the property for $1. Attorney Tietjen stated each City has an equal undivided interest in the property. Councilmember Woodruff asked if what Attorney Tietjen explained meant that once the ground lease issue is cleared up Shorewood will have title to the land, to which Tietjen replied yes. Councilmember Turgeon stated that because only three of the Cities agreed to the MOU as drafted, which includes the stipulation that each of the Cities will pay 20 percent of the operating costs of the Center above revenue received through June 20, 2009, there is no agreement. She asked Administrator Heck what would be next. She stated the expenses would be a minimal amount of money. She asked if it is sufficient to have just three Cities approve the MOU. She further noted the Cities of Excelsior and Greenwood, which don't agree to splitting expenses equally, did not agree that Shorewood had the CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES April 27, 2009 Page 8 of 14 authority to exercise the Shorewood Option in the Cooperative Agreement with out approval of two-thirds of the Cities. Councilmember Turgeon stated if the Cities cannot reach an agreement, she asked if the Councilmembers have any desire to purchase the Center and continue to operate it as a community center if either Excelsior or Greenwood would approve Shorewood executing the Shorewood Option. Councilmember Zerby questioned what the Center would be used for. Turgeon stated the only purpose there is at this time is to keep it as a community center. Mayor Lizee stated the Cities have an interim agreement with SouthShore Senior Partners (SSSP) to run the Center through June 30, 2009. Two of the Cities do not agree with the stipulation in the MOU that the Cities would equally share in the operating expenses of the Center through June 30"i. From her vantage point, deciding to take a different action when there is still two months to work a solution out is premature. She suggested Administrator Heck talk to the City Manager or City Administrator from Excelsior and Greenwood to see what can be worked out. She stated exercising the Shorewood Option to purchase the Center is not on the table right now. Councilmember Turgeon stated if the Group is going to continue to have discussions there needs to be a clear message from Council as to what it expects the Group to accomplish. Councilmember Zerby stated he is not in support of the 20 percent expense funding stipulation in the MOU. Councilmember Turgeon stated that formula is only for now through June 30`x'. Zerby stated he is not in favor of it at all, noting there is no long-term proposal being worked on. He suggested maybe the Group should spend its energy on coming up with a long-term agreement, and he also suggested the funding formula should be the same one used for the construction of the Center. He stated the only way he could support the City purchasing the Center is if there is a long-term commitment to continue to operate it as a community center. Mayor Lizee clarified it is not necessary for the City to purchase the Center; if the other four Cities want to terminate their participation in the Cooperative Agreement they can do so without having Shorewood buy the Center. Councilmember Turgeon stated as of now only 60 percent of the costs through June 30`x' are going to be paid because two of the Cities have not stated they will pay 20 percent of the cost. Administrator Heck stated he has spoken with Greenwood Mayor Kind and Excelsior City Manager Luger about their concerns. He explained based on his discussions with those two individuals, in particular with Kind, he did not think the Excelsior and Greenwood Councils were strongly opposed to paying 20 percent of the operating costs through June 30`x'; their primary concern is establishing a precedent that those two Cities pay 20 percent of the operating costs for the long-term. He stated he would guess that if Greenwood were invoiced for 20 percent of they expenses to date the invoice would likely be paid. The MOU was written such that it would require four-fifths of the Cities to extend the MOU date beyond June 30`x'. He commented it is his understanding that Tonka Bay is only going through June 30`x'. He stated Council could discuss what its position would be on July I" should the Cities not reach agreement by June 30`x'. Heck then stated he thought the Group was making significant progress. He explained most of the Group's members understand that if the Cities want the Center to operate as a community center, then the operation will have to be subsidized. Most community centers are subsidized to some degree. The amount the Cities would have to subsidize is not yet known. The Group also discussed a reasonable and equitable distribution of funds based on several options. Some of the options could be population, usage, a combination of population and usage, or a flat rate per capita. The Group also discussed the issue of CITY O q VW00D REGULAR COUNCIL MELTING MINUTES April 27, 2 - Rage 9 of 14 having a more representative voice regarding the Center's operation. For example, a City that pays a higher percent would have a greater representation on a management board which could range from 7 - 9 members in size. He commented that Greenwood Mayor Kind had indicated she would bring some of these ideas up at their Council meeting scheduled for May 5"'. He stated there is movement with the Group regarding how the Center can be operated in a joint manner, as well as options for funding residual costs to operate the Center. The Group has discussed the possibility of sponsorships from residents and businesses. Heck explained the Group's discussions have changed 180° from when they first started 18 months ago. Early discussions focused solely on the facility operating as a senior center with rentals on nights and weekends to supplement the cost of operation. The current discussions are about a multigenerational integrated community center; there should be more activities held at the Center. During the Group's April 23`d meeting each City expressed a desire to keep the facility as a multigenerational integrated community center. When it came to ownership of the facility a few of the Cities did not care. During that meeting he asked the Cities to think about what they were willing to pay to make that happen. The two firms interviewed to manage the Center were asked to project the size of the subsidy needed to operate the Center. Once that is known and a formula for paying it is agreed to then the Cities can determine they want to pay their portion of the subsidy or terminate their participation. The Group discussed doing away with the Cooperative Agreement and developing a new operating structure. He explained if the Cities want to make money off of the facility then it should be turned into an event and conference center; doing that would mean there would no longer be a community center and that's not what the community wants. Heck concluded by stating the Group has made significant progress. He encouraged Council to continue with the current process. He stated he would ask the Excelsior City Manager to ask the Excelsior Council to reconsider its motion on the MOU. Councilmember Woodruff stated there are two situations at hand; what to do through June 30`x' and then what to do longer-term. He charged Mayor Lizee, Administrator Heck and Councilmember Zerby to solve this problem and bring a solution back to the Council that is acceptable to the Council. He asked the Council if it was comfortable with the City possibly having to pay 60 percent of the costs to operate the Center through June 30`x'. Councilmember Bailey stated Heck had indicated earlier that he thought it likely that all of the Cities would pay an equal share in the Center's operating costs in excess of revenues earned through June 30`x'; he would like to have that happen. Councilmember Zerby stated he was comfortable with the risk based on the cost estimates Council had been provided. Heck stated he was somewhat confident the Cities of Excelsior and Greenwood would pay 20 percent of the costs, noting Greenwood did not publicly state it would agree to the 20 percent because it does not want to set precedent for the long-term. In response to a question from Councilmember Turgeon, Administrator Heck explained the Group needs to discuss the responses to requests for additional information from the two management firms and make a recommendation on a firm. It also needs to work out an agreement about a long-term funding formula and representation. Councilmember Woodruff stated the most important thing is to get a solid business plan prepared for the Center's operations. Heck stated another meeting of the Group has not been scheduled. Councilmember Turgeon stated she wanted the interim funding issue resolved within the next week. She noted the 20 percent finding idea formula for the long-term carne off of the table a long time ago, so to think agreeing to do that for the short-term will set precedent for the long-term was nonsensical. Councilmember Bailey suggested the City invoice the other Cities for their share of the expenses to date. CITY OF EWOOD REGULAR COUNCIL MEETING:, _TES Apra 27, 2' Page 10 of 1 " Bob Newman, Chair of the ADHOC Committee, asked to be recognized. Mayor Lizee recognized Mr. Newman. Councilmember Woodruff stated this was not a public hearing. Lizee again recognized Mr. Newman. Woodruff stated as a point of order this was not a public hearing. Lizee agreed it is not a public hearing, but she was still recognizing Mr. Newman as Chair of the ADHOC Committee. Woodruff challenged Lizee's authority to do that. Mr. Newman stated had he known he would not have had the opportunity to be recognized during the discussion of this item he would have asked to be recognized during matters from the floor. Woodruff stated on that basis he would withdraw his objection. Mr. Newman stated he was addressing Council in his capacity as Chair of the ADHOC Committee. The ADHOC Committee is interested in the successful resolution of Center. He distributed a copy of position statements the ADHOC Committee prepared based on its discussions and input from many people in the community, including some elected officials. He reviewed the individual position statements which the Committee thought could be unifying in nature. The statements, and his additional comments, were as follows. 1. The Center requires a full-time on-site manager. 2. In order to move forward to an effective solution each city needs to declare their clear and certain support for the vision of a successful Community Center. There has been a lot of discussion about the Center, yet the Committee is hearing a lot of uncertainty from the community about what each city's position is. 3. A basic level of financial commitment from the cities ensures a vested interest in its success. The basic level has to be determined. When there is some level of financial commitment it tends to keep all vested parties interested in what is going on. For ten years the Center ran well so people didn't pay much attention. 4. The power of ongoing oversight should remain in the hands of all participating ownership cities. If a city terminates its participation it has no voice. 5. An oversight panel consisting of one selected representative froin each city, the SSSP, and the management coordinator should evaluate and deliver quarterly evaluation status reports to the cities. The size of the panel and representation on the panel can change, but each city should be represented along with those using the facility. 6. A joint meeting of all five city councils, the SSSP, the selected management firm, and any other parties holding a vital interest would be beneficial to clam, cleanse, consolidate and uni . This meeting should help expedite the resolution. Mr. Newman stated the ADHOC Committee thought the above would be positive steps. It would be a step forward if the Shorewood Council could support the above suggestions, and he asked Council to consider the ideas. Mayor Lizee thanked Mr. Newman for his positive comments for moving the resolution of the Center along. Mr. Newman thanked Council for its time. C. Custodial Services for City Hall and Public Works Buildings This was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated when lie read Administrator Heck's memorandum on this topic it did not include any information about the proposals received from the six other firms that bid on the services. CI'T'Y OF - OD REGULAR COUNCIL MEETING MINUTES April 279 2001 Rage 11 of 14 He noted Heck had provided Council with that information in a separate email. He explained Staff is recommending Council accept the high quote, noting the lowest quote is unreasonably low. There is a $90 difference in cost between this recommended quote and the next to the lowest quote. He wanted the Councilmembers to have the opportunity to comment on the other quotes. Mayor Liz6e stated she did receive the additional information and she was comfortable with Staff's recommendation. Woodruff moved, Turgeon seconded, authorizing the Janitorial Contracts with Classic Cleaning Company for cleaning service at Shorewood City Hall at a monthly rate of $495.00, and at the Public Works Facility at a monthly rate of $295.00, both for cleaning two times per week. Motion passed 510. D. Performance Evaluation Training This was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated he had sent Administrator Heck an email stating he thought the four hours of one-on-one training with each supervisor to create or amend appraisal forms would not be enough time to accomplish that task. Administrator Heck stated he did not anticipate the consultant would spend a total of eight hours with each supervisor one-on-one which is what is stated in the proposal, noting some amount of one-on-one support is worthwhile. Woodruff stated he did not have a problem with the eight hours or the cost; his concern was it wouldn't be enough time to write the appraisal forms. Woodruff moved, Zerby seconded, authorizing the City to contract with Global Synergies Group to provide the training and evaluation form development services at a cost not to exceed $4,050. Motion passed 510. E. Lake Minnetonka Association Funding Request This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated he requested this item be removed from the consent agenda so he could recuse himself from the vote. He then recused himself. Councilmember Turgeon stated the Cities of Minnetrista, Mound and Shorewood either have or will contribute to the treatment of Eurasian Watermilfoil (milfoil) of Phelps Bay in Lake Minnetonka. She asked if other cities were contributing to the treatment of the other two bays being treated. Administrator Heck stated he did not know that answer. Administrator Heck explained during its February 9, 2009, Council meeting Lake Minnetonka Association (LMA) Executive Director Osgood asked Council to contribute $6,000 toward the treatment of milfoil in Phelps Bay. Council stated the contribution would be contingent on the LMA providing financial information of the use of the previous year's funds, and on the Minnesota Department of Natural Resources (MnDNR) again giving a grant for the treatment effort similar to what it did in 2008. Both of those conditions have been satisfied. Councilmember Turgeon stated that prior to the LMA requesting funds in 2010 she wanted to be provided information about what other agencies are doing to help mitigate the milfoil issue in Lake Minnetonka. CITY E'- DEWOOD REGULAR COUNCIL MEE'T'ING MINUTES April 7, Rage 12 o 1 Turgeon moved, Zerby seconded, authorizing the release of $6,000 for the for the herbicide treatment of Eurasian Water ilfoil in Phelps Bay in 2009. Motion passed 410/1 it Woodruff recusing. 11. STAFF AND COUNCIL, REPORTS A. Administrator and Staff 1. City Hall Construction Update Administrator Heck reported the final construction meeting will be held on April 28, 2009. The audio visual equipment is installed but is not operational yet. There are still problems with the HVAC system. Staff is aggressively moving forward with landscaping for the City Hall property. He hoped the next report will include the final financials for the project. 2. Information Item: Wells Fargo Half Marathon - Sunday, May 3, 2009 Administrator Heck stated the annual Well Fargo Half Marathon is schedule for Sunday, May 3`a Other Staff Reports Administrator Heck stated Staff has been discussing how to dispose of the old furniture from City Hall. The original plan was to have an internal bidding process allowing Staff the first opportunity to acquire the furniture, and what Staff didn't purchase would be put on Craig's List. He heard a different suggestion that the residents should have the first opportunity to do that. He explained it was too late to publish that in the City's May newsletter, and it would take time for Staff to coordinate that process. Councilmember Zerby questioned if it would be possible to offer Shorewood residents a discount if the items were put on Craig's List. Councilmember Woodruff suggested something be put on the City's web site. Councilmember Zerby asked when the cell phone antenna will be placed back on the SE Area Water Tower. Director Brown stated AT&T is working to get their antenna reinstalled, noting the other two carriers chose to leave their antennas on the Tower. Councilmember Turgeon asked Director Brown to give an update on the Tower. Brown explained the Tower has not passed the chemical testing for the paint cure. The Tower had to be emptied again to allow the ventilation to be continued. He hoped the paint cure could be tested on April 28`x' for the last time before the formal chemical testing is done on the Tower. Hopefully the Tower can be back on line in two weeks. Councilmember Bailey asked where the water is drained to when the Tower has to be emptied. Brown commented the Tower is one-third as full at this time of the year, as it is in the heat of summer. In response to another question from Bailey, Brown explained the contract for this effort contains a performance clause and he noted Staff was checking into whether or not there was a problem with the paint used. Councilmember Zerby asked what the status was on the Harding Lane and Smithtown Road project. Engineer Landini stated lie just received the draft feasibility report earlier in the day and that will be presented to Council during its May 11, 2009, meeting. CITE _ P °IDEWOOD REGULAR COUNCIL, MEETING MINUTES April,',, Page 13 of I B. Mayor and City Council Councilmember Bailey stated there was an Excelsior Fire District (EFD) Board budget work session on April 22, 2009. He thought EFD Chief Gerber did a very good job drafting a 2010 budget, and the Deephaven City Administrator did a very good job of preparing an alternative proposal. He thought the budget would be quite reasonable. He suggested Gerber be invited to the next Council meeting to give an overview of the draft budget. Councilmember Bailey asked Director Brown what grass was supposed to be destroyed as part of the prairie grass planning project. Director Brown stated when the prairie grass was planted there was one area that was inadvertently eradicated. Bailey stated he specifically wanted to know about the area around the water tower; he thought it was supposed to be reseeded with prairie grass. Brown stated it was, noting it takes longer for this type of grass to get green. Councilmember Woodruff stated the Lake Minnetonka Conservation District (LMCD) held its third strategic planning session and it plans is to have one more. The goals for the LMCD were discussed. There is an LMCD budget meeting scheduled for April 28`x' at 7:30 A.M. Councilmember Woodruff stated the Lake Minnetonka Communications Commission C(C) has agreed to hire a consultant to help prepare a grant request for stimulus funds allocated to high speed broad band. Councilmember Zerby questioned if a government agency would be running a project like that. Woodruff stated the Government has not finalized the specifics. Mayor Lizee stated the Excelsior Library book sale held on April 18, 2009, was fabulous. A few thousand dollars were raised by the sale of thousands of books. Another sale will be held on Excelsior Apple Day in the fall. Turgeon moved, Woodruff seconded, recessing the meeting to a City Council Executive Session at 8:38 P.M. Mayor Lizee explained the purpose of the meeting was for confidential attorney-client communications regarding the City's pending litigation with Matt Phillippi. Motion passed 5/0. 12. RECESS TO EXECUTIVE SESSION Mayor Lizee called the City Council Executive Session to order at 8:51 P.M. A. Matt Phillippi Litigation All Councilmembers were present, as were Administrator Heck, Attorney Tietjen and George Hoff, Attorney representing the City. The purpose of the meeting was for confidential attorney-client communications regarding the pending Matt Phillippi litigation. Woodruff moved, Turgeon seconded, Adjourning the City Council Executive Session of April 27, 2009, at 9:07 P.M. CITY O SHORE CUL,AR COUNCIL MEETING MINUTES April 27, 2009 Rage 14 of 1 13. CONVENE TO REGULAR COUNCIL MEETING Mayor Lizee reconvened the regular meeting at 9:07 P.M. 14. ADJOURN Turgeon moved, Zerby seconded, Adjourning the City Council Regular Meeting of April 27, 2009, at 9:08 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder hristine Lizee, Mayor