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081406 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 14,2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton; Planning Director Nielsen; and Director of Public Works Brown Absent: None B. Review Agenda Administrator Dawson requested an Item 9.C, Special City Council Meeting, be added to the Agenda for the evening under General/New Business, and an Item lO.A, Authorization for Expenditure of Funds Amesbury Well House Exterior, be added under Engineering/Public Works. He noted there was a resolution prepared for Item 7.C. Lizee moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, July 24, 2006 Turgeon moved, Callies seconded, Approving the City Council Special Meeting Minutes of July 24, 2006, as presented. Motion passed 5/0. B. City Council Work Session Minutes, July 24, 2006 Callies moved, Wellens seconded, Approving the City Council Work Session Minutes of July 24, 2006, as presented. Motion passed 5/0. C. City Council Regular Meeting Minutes, July 24, 2006 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July 24, 2006, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the items on the Consent Agenda. Callies moved, Lizee seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 2 of9 A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 06-055, "A Resolution Appointing the 2006 Primary and General Election Judges." C. Approving ORDINANCE NO. 428, "An Ordinance Enacting and Adopting the 2006 S-1 Supplement to the Code of Ordinances for the City of Shorewood Minnesota.", and Adopting RESOLUTION NO. 056, "A Resolution of Official Summary of Ordinance NO. 428." D. Authorizing Submittal of the 2006-2007 Winter Trail Activities Permit E. Adopting RESOLUTION NO. 06-057, "A Resolution Amending a Conditional Use Permit for the Expansion of St. John the Baptist Catholic Church's Cemetery of the Resurrection and Approving the Construction of a Maintenance Building, 5425 Coving Road." F. Adopting RESOLUTION NO. 06-058, "A Resolution Accepting Public Improvements in the Plat of Arbor Creek Addition." G. Adopting RESOLUTION NO. 06-059, "A Resolution Authorizing the Mayor and City Administrator to Enter Into a Cooperative Agreement with City of Chanhassen for Municipal Water Services" as Amended in Paragraph 4, Sentence 1, change "A Cooperative Agreement between the City" to "A Cooperative Agreement has been prepared between the City". H. Adopting RESOLUTION NO. 06-060, "A Resolution Prohibiting Traffic on Broms Boulevard at Old Market Road During Evening Peak Hours." I. Adopting RESOLUTION NO. 06-061, "A Resolution Restricting Turning Movements at County State Aid Highway 19 at Smithtown Road" as Amended in Paragraph 4, Sentence 1, change "No right turn from" to "No right turn on red from". J. Health Maintenance and Wellness Program (This item was moved to Item 9.D under GeneralINew Business) K. Authorize Eddy Station Roof Replacement L. Authorize Amesbury Well House improvements (This item was moved to Item 10.A under Engineering/Public Works) In response to a question from Councilmember Callies, Director Brown stated the signs for Broms Road would arrive the week of August 21, 2006. Although not relative to the consent agenda, Councilmember Callies asked if it was possible to place a no-left-turn restriction off Christmas Lake Road on to Radisson Road between the hours 7:00 A.M. and CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14, 2006 Page 3 of 9 9:00 A.M. to minimize cut-thru traffic. Director Brown stated he would research the request and have it placed on a future agenda for discussion. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters of the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Report by Tom Skramstad on Lake Minnetonka Conservation District matters Lake Minnetonka Conservation District (LMCD) Board Chair Skramstad provided an update on the following LMCD activities (as detailed in the report distributed to Council): a. Milfoil treatment "demonstration project" b. Milfoil harvesting c. Public Access Inspection Program d. Joint LMCD/DNR exotic species prevention discussions (in particular zebra mussels) e. Lake Minnetonka Shoreline Inventory f. LMCD Newsletter g. Minnehaha Creek Watershed District / LMCD (re: lake level monitoring) h. Boat Density Committee (re: boating regulations, licensing, etc.) I. Outreach Initiative J. New "summer rules" on the Lake signs k. Water Patrol Project I. Solar light buoy project m. Future of the Lake event n. Budgeting for the LMCD In response to a question from Councilmember Lizee, Chair Skramstad stated the hours for the Future of the Lake Event on August 19 were 9:00 A.M. - 5:00 P.M. with the majority of activities occurring between 10:00 A.M. and 2:00 P.M. Councilmember Lizee questioned if the Great Lakes authorities had been in contact with State and Local authorities regarding to exotic species invading the Great Lakes from foreign container ships. Chair Skramstad explained the zebra mussel species was the first exotic species the federal government regulated against. Milfoil entered into the United States during the 1940s and it took 40 years to migrate from the east coast to Minnesota. Zebra mussels entered into the United States approximately 10 years ago and they have already migrated to 25 states. Councilmember Lizee stated she was please to hear the LMCD and MCWD were working together on Issues. Councilmember Lizee asked if there had been any progress in establishing a requirement for a boat driver's license. Chair Skramstad stated it was not likely the State would endorse a blanket requirement. The State could possibly consider a requirement if it pertained to boats of a certain size or weight or horsepower; that requirement would not have a negative impact on the tourism industry. He thought the CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 4 of9 LMCD could promote boating knowledge and safety by asking companies that sold boats to promote taking a safe-boaters test (which if the boat owner passed they would receive a safe-boaters certificate, and a 20% discount on their boat insurance). The LMCD was working with the Power Squadron, who conducted safe-boaters tests. The LMCD was researching what other states were doing with regard to this matter. Councilmember Lizee suggested the LMCD work with the various boat rental organizations on requiring proof of knowledge about operating a boat before a boat could be rented. In response to a question from Councilmember Turgeon regarding the enforcement of rules for operating a boat, Mayor Love stated the rules do exist but often the boat operator was not aware of the rules. In response to a comment from Councilmember Turgeon, Councilmember Lizee stated there are restrictions for and tests that must be taken by underage boaters. The question at hand was how were parents supposed to know about those requirements. Mayor Love stated enforcement would always be a problem. Love then stated there were different levels of training available; and somehow boat owners / drivers need to understand that if someone was going to drive a boat they should know how to do it, what the regulations were, and something about boating etiquette. Chair Skramstad commented the LMCD was working with Crystal-Pierz Marine, a partner in the "Future of the Lake" event, to have them provide boat purchasers with the DNR boating rules and regulations. Chair Skramstad stated there were State laws which carried financial penalties that prohibited transporting exotic species; the problem with enforcing the laws was only conservation officers or police officers could issue a citation. If there were fewer boat ramps it could possibly be affordable to have licensed officers available at boat launches. In response to question a question from Councilmember Wellens, Chair Skramstad stated the LMCD had no plans to close down any of the boat launches, impose fees to use the launches, or require a boat driver's license - they were just ideas that had been presented during discussions regarding the control of zebra mussels. The DNR's stance was water was public property; therefore, the DNR did not support having a launch fee for something owned by the public. Wellens stated he did not think individuals who used the boat launches would support a launch fee. Mayor Love commented he would not want to reach the constitutional question with regard to public access to public waters. Councilmember Wellens stated the DNR had been at the launch he used to check for zebra mussels and handed out DNR stickers, but it did not pass out any information about the Power Squadron's boat-safety test. In response to a question from Chair Skramstad, Council stated they had not had any additional contact with Mr. Kurak (Enchanted Island) with regard to his multiple-dock application. Mayor Love, on behalf of Council, thanked Chair Skramstad for his update. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held August 8, 2006 CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 5 of9 Director Brown reported on matters considered and actions taken at the August 8, 2006, Park Commission meeting (as detailed in the minutes of that meeting). He stated Park Commission Chair Davis had been following progress of the proposed off-leash dog area (i.e. a dog park) at the Lake Minnewashta Regional Park. He reminded Council that the Park Commission had recommended contributing up to $5,000 in matching funds (from the Parks Capital Improvement Fund) to the dog park. The Commission did not want to move forward with that contribution until it had a clear understanding of how the funds would be used by Carver County. Councilmember Callies stated there had been many donations made to the Parks Foundation for the dog park, but she was unaware of what the amount was. B. Authorize Expenditure of Funds for Drinking Fountain at Eddy Station Director Brown stated the Parks Foundation had approved a motion at its July 19, 2006, meeting to donate $500 toward the installation of a drinking fountain at Eddy Station, provided the installation was completed by August 31, 2006. Staff had been working on the order for a fountain, and obtaining bids for the installation of the fountain by a licensed plumber. He noted Eddy Station had previously been prepared for the installation of a fountain. He then stated the Park Commission had recommended approving the expenditure of funds for the purchase and installation of one drinking fountain for an amount not to exceed $5,000; the funds would come from the Parks Capital Improvement Fund. He commented he did not believe the total cost would reach $5,000. Councilmember Callies stated the reason the Parks Foundation established a deadline was to ensure there would be significant progress on the installation effort. She then stated if the fountain was ordered, then the Foundation may be receptive to extending the time for its donation. If the fountain could not be purchased and installed this year, then the Foundation would use those funds differently. Callies moved, Wellens seconded, Authorizing the Purchase and Installation on One Drinking Fountain for Eddy Station for an Amount Not-To-Exceed $5,000. Motion passed 5/0. C. Authorize Advertisement of Bids for Badger Field Lighting Director Brown stated the Capital Improvement Program (CIP) for 2006 - 2010 had scheduled rehabilitation of the lighting system for the Badger Football Field. Staff had been assessing the condition of the lighting system and found that many of the lights had failed, or were hanging in a deteriorated or dangerous condition. It appeared that moles or other creatures had damaged the wiring systems that powered each of the lighting fixtures. Brown then stated the estimated cost for rehabilitation of the system was $90,000, which was double the amount slated for it in the CIP. Because the estimated amount was greater than $50,000, a formal bid was required. The Park Commission had recommended approving the rehabilitation effort. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 06-062, "A Resolution Approving Plans, Specifications, and Estimate and Authorizing Advertisements for Bids for the Lighting System at Badger Football Field." Motion passed 5/0. 8. PLANNING Commissioner Gniffke reported on matters considered and actions taken at the July 25, 2006, and August 1,2006, Planning Commission meetings (as detailed in the minutes ofthose meetings). CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 6 of9 9. GENERAL/NEW BUSINESS A. Approval of the Proposed 2007 Budget for the South Lake Minnetonka Police Department Administrator Dawson stated Council had the opportunity to review and discuss the Proposed 2007 Budget for the South Lake Minnetonka Police Department (SLMPD) and the SLMPD's proposal to provide animal control services for 2007 at its August 7, 2006, work session. Council did not suggest any revisions to the budget. All member cities had to act on the proposed budget by September 1, 2006; failure to have unanimous approval would result in an increase per the change in the annual consumer price index for the metropolitan area. Greenwood and Tonka Bay had both approved the Proposed 2007 Budget, and the animal control services proposal (provided the other cities approved the proposal). Chief Litsey was present to answer any additional questions Council had. Turgeon moved, Lizee seconded, Approving the Proposed 2007 South Lake Minnetonka Police Department Operating Budget as Written, and Approving the Additional Services and Resulting Costs Related to the SLMPD Providing Animal Control Services, Subject to All Member Cities Agreeing. Motion passed 5/0. Mayor Love thanked the Staff and Chief Litsey for preparing the animal control services proposal. The proposal both filled a need and provided more value for all the member cities. B. Approval of the Proposed 2007 Budget for the Excelsior Fire District Administrator Dawson stated Council had the opportunity to review and discuss the preliminary 2007 Budget for the Excelsior Fire District (EFD) at its July 10, 2006, meeting. Council did not suggest any revisions to the budget. At its July 26, 2006, meeting, the EFD Board recommended the proposed budget be forwarded to the member cities for their approval. The only addition to the preliminary budget was a $1,500 increase for fiscal agent services, based on the proposal from the City of Deephaven that the Board had accepted for 2007. When a simple majority of the member cities approved the budget, it was binding on all member cities. Greenwood and Tonka Bay had both approved the Proposed 2007 Budget. Interim Chief George was present to answer any additional questions Council had. Councilmember Turgeon thanked Interim Chief George for his efforts in preparing the budget. Mayor Love thanked Interim Chief George for his exceptional performance as Interim Fire Chief. Although there was excitement about the hire of a new fire chief, the EFD Board and Council would have been proud to have had George as its full-time fire chief. Administrator Dawson, on behalf of the Operating Committee, thanked George for the opportunity to have worked with him. Turgeon moved, Wellens seconded, Approving the Proposed 2007 Excelsior Fire District Budget as Written. Motion passed 5/0. C. Special City Council Meeting Administrator Dawson stated there would not be a Council quorum at an August 28, 2006, City Council regular meeting. He noted the next regularly scheduled Council meeting after that date was September 11, 2006. The bids on the Chanhassen Interconnection/W oodhaven Well Project were slated to be opened CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14, 2006 Page 7 of9 on August 23, 2006, and Staff would prefer not to wait until the September 11, 2006, meeting to award the project. There was Council consensus that a special meeting would be scheduled for 5:30 P.M. on August 29, 2006, when a quorum would be available. D. Health Maintenance and Wellness Program This item was pulled from the consent agenda for discussion at Councilmnember Wellen's request. Councilmember Wellens questioned if there was another approach to the wellness program that was recommended by the benefits committee, a reimbursement program which provided up to $40 (and use of 1 sick leave hour per $20) per month for a variety of wellness and health improvement activities. He wondered if the City could establish a program such that the physical energy could be used constructively to make improvements to the City (e.g. to improve the parks, pull buckthorn, replace shingles, plant the garden, etc.), rather than working out at a health facility. He noted he was not sure ifthere were any labor relations issues that could result from that type of approach. Councilmember Turgeon commented that was a creative idea that had some merit. Administrator Dawson stated he thought there could be Fair Labor Standards Act (FLSA) issues because that was work the City did and overtime eligibility would come into play (unless the work was clearly done on a volunteer basis). Councilmember Wellens stated it would be done on a volunteer basis, and he questioned why sick leave hours could not be used to perform the work. It would benefit the residents rather than squandering the value of the sick leave away on a treadmill or elliptical machine. He asked that Council view this from the perspective of how it could work (e.g. establishing a "Shorewood Health Club" requiring a fee to belong), rather than why it would not work. Councilmember Callies agreed it was prudent to try and identify creative solutions to things. She objected to the implication that it would be a disadvantage to the City for the employees to go to a health club; healthy employees were a benefit to the residents. She commented the City improvement approach had similarities to a work-release program. She did believe it could be a good idea to have a volunteer day for Staff and Council to work on improvements to the City. Administrator Dawson stated the intent of the recommended wellness program was to reimburse employees for healthful activities they had paid for and engaged in. Mayor Love appreciated Councilmember Wellens's efforts to be creative; but, he would object to his proposal for a variety of reasons. The recommended program was to encourage employee health and wellness (therefore not using sick time), and for exchanging the sick time for a better purpose. Councilmember Turgeon suggested maybe an additional benefit program similar to Councilmember Wellens's suggestion be added to the benefits package. The added program would address community service hours the employees could participate in. Councilmember Wellens stated energy was either useful or wasted, and he thought improvements to the City would be a better use of energy. CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 8 of9 In response to a question from Councilmember Turgeon, Administrator Dawson explained a few employees currently use the health and wellness reimbursement program from HealthPartners. The reason for the low participation was the program was selective with regard to which health facilities could be used. Wellens moved, Turgeon seconded, Approving the establishment of a City organization where employees could use two hours of sick leave per month to perform improvements to the City parks. Councilmember Turgeon suggested the expansion of the recommended wellness program or a new community service program be discussed at a future meeting; it was important for Council to give direction on the proposed benefits package at this meeting. Councilmember Lizee stated she did not want the required action on the recommended benefits package to be delayed so Council could assess a potential community service benefit program. Mayor Love stated from his perspective the recommended wellness program and use of sick leave to perform community service were two very different things. Motion failed 1/4 with Callies, Lizee, Love, and Turgeon dissenting. Councilmember Turgeon stated she wanted to ensure Council would discuss the community service benefit possibility at a future date, because all Councilmembers thought it had merit. Mayor Love stated it could be discussed at a future Council work session. Administrator Dawson noted that discussion could not be fit onto an agenda for about two months. Councilmember Callies stated she thought using sick leave hours to work on City improvement projects offensive; she would support a volunteer day for City improvements. Councilmember Turgeon stated that was her intent. Lizee moved, Callies seconded, Approving the Health Maintenance and Wellness Program Reimbursement Policy as presented. Motion passed 4/1 with Wellens dissenting. 10. ENGINEERING/PUBLIC WORKS A. Authorization for Expenditure of Funds Amesbury Well House Exterior Director Brown stated the Amesbury Well House exterior was in a severe state of deterioration. Staff had solicited proposals for removal of the existing exterior siding, repairing joists, adding eaves, and re- roofing. Two firms had provided proposals for providing the services: SELA Roofing and Remodeling for a bid of $18,690; and Bruce Koehnen Builders for a bid of $18,704. The Bruce Koehnen Builders proposal included a two-foot eave versus the one-foot eave included in the SELA proposal. Based on unit costs, the Bruce Koehnen Builders quote was the lower quote. Staff recommended awarding the contract for rehabilitation of the Amesbury Well House exterior to Bruce Koehnen Builders for an amount not to exceed $25,000. Turgeon moved, Wellens seconded, Awarding the Contract for Rehabilitation of the Amesbury Well House Exterior to Bruce Koehnen Builders for an Amount Not-To-Exceed $25,000. In response to a question from Councilmember Lizee, Director Brown stated he hoped the project could begin immediately but he would need to confirm that with Bruce Koehnen Builders. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING August 14,2006 Page 9 of9 11. STAFF AND COUNCIL REPORTS B. Administrator & Staff Director Brown stated the Amesbury Well / SE Area Well interconnection had been established. The interconnection was not running automatically at this time, but it could be activated manually in the event of an emergency. He stated the roads in the project had been paved, but the paving would appear rough until the final overlay could be done in the spring of2007. Director Brown also stated the Wedgewood Drive, Teal Circle, and Mallard Lane improvement project was estimated to start on August 15, 2006. The contractor had encountered problems today when it attempted to bring in its milling equipment. The area residents had been notified of the project. Brown explained Acting City Engineer Gurney had appeared before the Tonka Bay City Council to request a temporary access road to Lilah Lane off of Wedgewood Drive, but the request was denied. That denial would cause the project to take a little longer; and it would create challenges for public safety access and resident's access. Administrator Dawson stated a meeting had been scheduled for 7:00 P.M. on August 24, 2006, at City Hall for the Yellowstone Trail/Lake Linden Drive / Country Club Road residents, Chief Litsey, Council representatives, and Staff to discuss the residents' traffic concerns. C. Mayor & City Council 12. ADJOURN Turgeon moved, Callies seconded, Adjourning the Regular City Council Meeting of August 14, 2006, at 8:15 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor ATTEST: