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051004 CC Reg Min . . . , " CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 10, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love, Councilmembers Garfunkel, Zerby, and Turgeon; Administrator Dawson; Engineer Brown; Attorney Keane; and Finance Director Burton Absent: Councilmember Lizee B. Review Agenda Administrator Dawson added item #7B, Concession Operation Agreement, to the Agenda. Garfunkel moved, Zerby seconded, to approve the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. Board of Review Meeting Minutes, April 26, 2004 Zerby moved, Turgeon seconded, Approving the Board of Review Meeting Minutes of April 26, 2004, as submitted. Motion passed 4/0. B. City Council Regular Meeting Minutes, April 26, 2004 Garfunkel moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of April 26, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 04-041, "A Resolution Approving Subdivision and Combination of Real Property - Kurt C. Schwarz, 24140 Yellowstone Trail. D. Sign Permit - Signs Urilimited, rep. National Karate, 23780 Highway 7 . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 10, 2004 PAGE 2 OF6 E. Cooperative Agreement with City of Tonka Bay for Asphalt Mill F. Authorize Expenditure of Funds for Asphalt Mill G. Barrington Planned Unit Development Grading Permit Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were none. 5. REPORTS AND PRESENTATIONS - There were none. 6. PUBLIC HEARING - There were none. 7. PARKS A. Report on Park Commission Meeting Held April 27, 2004 Brown reported that the Lacrosse Association presented its request for field time at Badger Park. Brown stated that, unfortunately, due to numerous attempts at seeding the fields, the public works staff felt it would be best to deny use this year to allow the grass to take root. Although disappointed, the Commission encouraged Lacrosse to return with its request next year. Brown stated that the Commission reviewed the WSB report on the stormwater basin project at Freeman Park. After modifications the Commission will present the report to the City Council prior to submitting it for grant requests and approvals. Since the Park Commission will be meeting to finalize its Music in the Park recommendations tomorrow evening, Brown indicated that the City Council would be asked for its approval at its next regular meeting. Brown stated that the Park Commission concluded with a work session focused on park activity mapping which revealed the need for greater detail and an inventory of open spaces. Turgeon questioned what further action could be taken to improve the soil at Badger Park to ensure future access by the Lacrosse group. Beyond the soil condition, Brown stated that drainage is an issue. He stated that the field lacks top soil and would benefit from drain tile. Having brought in a turf consultant who believed the soil should support turf, Brown indicated that the recommendation is to allow the seed to germinate. Turgeon expressed disappointment in having to turn away Lacrosse, a sport growing in popularity. Zerby concurred, stating that he was encouraged the Commission was looking into other uses for Badger than merely fall football. Brown reiterated that the Lacrosse Association was encouraged to return with their request next year. CITY COUNCIL REGULAR MEETING MINUTES MAY 10, 2004 PAGE 3 OF 6 . B. CONCESSION OPERATION AGREEMENT Brown referred to the Independent Contractor Concession Operation Agreement distributed to the City Council. Having held numerous discussions with the concessionaire, Brown pointed out that the vendor was an experienced business person who had done a great deal of research on the operation and its potential. He explained that the contractor presented this agreement, which appeared to be his best and final offer, which had to be executed by May 7, 2004, to be valid. While the rental is based on $200 per month for operations, the vendor has proposed to purchase and inventory the products and supply the support staff. In addition, the vendor has agreed to open its books to the City on a monthly basis, if necessary. While he felt there was not much the City Council could do now, as the agreement had already been signed, Zerby questioned what happens if the equipment gets broken during use. He indicated that the indemnification clause was unusual and wondered if there were additional insurance requirements placed upon this contractor. Brown stated that the City Council did have the ability to decline the contract. He indicated that the probability for equipment breaking down based on regular wear and tear was low. He maintained that the vendor had demonstrated a large commitment to the operation. Turgeon stated that the concession needs to be open as an amenity to the park users, while not necessarily a money maker. She stated that she would be willing to take a greater risk this year to get it open, and then renegotiate the contract next year with a proven operation. . While he agreed it would be nice to see a larger revenue stream, Mayor Love felt this would occur over time. He asked the Attorney for his opinion regarding the liability. While he had not reviewed the document in advance, Attorney Keane stated that it looked much like the concession agreement used the past year. He explained that the City has broad immunity and cannot be held liable for everything that happens at its public facilities. He felt that it appeared there was fair allocation of risk within the contract. Garfunkel pointed out that with the City purchasing the machines, the vendor can sell whatever he wants. Brown stated that there is an understanding between the concessionaire and the City what can be sold. He pointed out that there would continue to be a withdrawal clause in the contract. Garfunkel indicated that he might support negotiations for the purchase of additional equipment, if the vendor demonstrated a need down the road. Based on the $1,500 earned last year off the concession operation, Garfunkel noted that while this would be well under that amount, the benefit might be to see what potential there is in the future. While he would have liked to have had the City Attorney review the document first, he could support the contract. Dawson mentioned that, although the City may earn less off the concession operation this year, much of the services last year were supplied in kind by the City. Turgeon commented that the concession would continue to be a great asset to the park. . Turgeon moved, Garfunkel seconded, Approving the Concession Operation Agreement as presented. Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 10, 2004 PAGE40F6 8. PLANNING Gagne reported that the Planning Commission had approved all but one tabled application at its recent meeting. Although those applications would be heard at a future City Council meeting, he indicated that he would be available for questions. 9. GENERALINEW BUSINESS A. Amendments to the Parks Foundation's Bylaws Dawson explained that at its April 27 Park Foundation meeting, the Board of Directors recommended the following amendments to the by-laws: 1) Removal of the requirement that once director be a member of the City of Shorewood Park Commission; and 2) Adding that a member of the Park Commission would serve as an ex-officio director (a participant without voting rights), and making the ex-officio positions voluntary rather than mandatory. Turgeon asked whether Paula Callies, past Park Commissioner, was now a member of the Foundation. Dawson stated that Callies had expressed interest in becoming a board member. Garfunkel moved, Zerby seconded, Approving RESOLUTION NO. 04-042, "A Resolution Approving Amendments to Section 4.04 of the By-Laws of the Shorewood Parks Foundation." Motion passed 4/0. B. No Parking on County Road 19 Brown reported that as part of the County Road 19 Intersection Project, each City must pass a resolution prohibiting parking along the project routes. Since State Aid Funding is being utilized, the State will not approve the plans, specifications, and estimate until such time as these resolutions have been provided. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-043, "A Resolution Prohibiting Parking Along Sections of C.S.A.H. 19, Smithtown Road, and Country Club Road." Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS A. Request for Advance of Municipal State Aid Funds for County Road 19 Intersection project Brown reported that any municipalities desiring an advance in MSA funds were directed to pass a resolution making such a request to even be considered as a candidate for this process. Since the maximum allowable advancement is three times the City's State Aid Allotment, Brown indicated that the City had drafted a resolution requesting the entire amount of$808,835. CITY COUNCIL REGULAR MEETING MINUTES MAY 10,2004 PAGES OF6 . Turgeon pointed out that in order for the construction of the intersection project to proceed, the City was counting on three times the allotment. Brown stated that the County has indicated that it will work on the costs of the retaining walls, cover the cost of the landscaping, and begin the process for the advancement request once it has received this request. Turgeon stated that she had expressed concerns over the increasing costs for the project on numerous occasions. In light of the fact that the City has other MSA routes, Turgeon expressed reservations to borrow three years out on the MSA funds. She questioned where this might leave the City with regard to other projects and questioned why the County had not given the City credit for all the money it's already spent getting to this point in the construction process. She maintained that the City had already committed a great deal of money, staff time, engineering expense, and Gideon Glen impacts to the project, and was told this did not matter. While she indicated that she felt the project must proceed and was the right thing to do, she questioned the rising costs at every turn. Brown stated that the City would be getting some reimbursements. Mayor Love stated that Jim Grube assured him that he would review this situation globally and give consideration within his abilities to the amount of expense invested by the City of Shorewood in this project. The Mayor stated that Grube felt confident some cost containment would be available for the City. . Turgeon moved, Garfunkel seconded, Approving RESOLUTION NO. 04-044, "A Resolution Requesting Advanced Financing for the C.S.A.H 19 Reconstruction Project, S.A.P. 27-619-18". Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Based on the fact that the Chamber of Commerce would be hosting an event two weeks from this evening and the Mayor would be one of the presenters, Dawson asked whether other Council members would be present for the regularly scheduled City Council Meeting. The City Council members indicated that they would meet, expedite the meeting, and move on to the engagement. Brown reported that over the weekend the City had experienced an electrical failure at Amesbury Well, which is still being rectified by electricians this evening. While the water is up and running at a minimum, Brown stated that the homeowners have expressed their concern. Although designed to handle only 25 hook ups, he pointed out that the system has 136 connections currently and cannot handle the load. Brown stated that the City needs to determine where to go with this in the future, and the potential or' making a connection to the southeast area system. In need of much improvement, Brown maintained that a long term solution is necessary. Turgeon asked if the City had been planning for much needed improvements in this year's CIP. . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 10, 2004 PAGE 6 OF6 Brown stated that review of the CIP will occur, since the building and controls are both in need of repair. Although the well seems to be in relatively good shape, Brown suggested that the City consider making the investment in connecting the two wells, at Amesbury and the Southeast facility, as its long term solution. B. Mayor & City Council Mayor Love stated that he had attended a police board meeting at which Excelsior Councilmember Bolles felt confident he could gain support for purchasing services on a month-to-month basis. Mayor Love voiced his frustration at Excelsior's reluctance to make the budget whole by stepping up to receive services. Mayor Love indicated that he had heard comments by local businesses that they would consider paying for much needed additional services. Turgeon asked if arbitration had been considered in order to impose some sort of deadline on Excelsior as new budget talks begin for 2005. Mayor Love commented that due to Excelsior's reluctance to take a position, it may be left out of discussion for consideration of the 2005 budget for enhanced services. 12. ADJOURN Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of May 10, 2004, at 7:52 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary flU Woody Love, Mayor