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021207 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 12,2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Lizee called the meeting to order at 7:09 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens, and Woodruff; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Callies moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 22, 2007 The approval of the minutes was continued to a future meeting pending clarification ofa statement. B. City Council Work Session Minutes, January 22, 2007 Wellens moved, Turgeon seconded, Approving the City Council Work Session Minuets of January 22, 2007, as presented. Motion passed 4/0/1 with Callies abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff 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. License Approvals for 1) a Multiple Dock Facility License for the Shorewood Yacht Club; 2) a Tree Trimmer's License SHOREWOOD CITY COUNCIL REGULAR MEETING February 12,2007 Page 2 of9 D. Community Rec. Resources 2006 Year-End Report (This item was moved to Item 9.C under GeneralINew Business.) E. Approval of Electrical Services Agreement (This item was moved to Item 9.D under GenerallNew Business.) F. Set Public Information Hearing Date for the Storm Water Pollution Prevention Program (SWPPP) Public Hearing G. Elected Officials Out-of-State Travel Policy H. Cooperative Agreement Regarding Minnewashta Dog Park (This item was moved to Item 9.B under GeneralINew Business.) I. Schedule a Date for the Peach Circle Neighborhood Meeting J. Schedule a Date for the Amlee Road/ Manitou Lane Neighborhood Meeting (This was moved to Item 1 O.C under Engineering/Public Works.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Presentation of Award for County Road 19 Project by Don Sterna, WSB and Associates, Don Sterna, Principal and Project Manager for WSB and Associates, presented Council and City Staff with a Minnesota Chapter of the American Consulting Engineer Companies 2007 Engineering Excellence A ward for the County Road 19 / Smithtown Road Intersection Improvement Project. The intersection had been identified as one of the top ten most dangerous intersections within Hennepin County. He explained the Project started with a study in 1998 and was completed in the summer of 2006. Mayor Lizee stated it was an honor for the Council to receive the award. She expressed her appreciation for the staff's efforts on this project. She recognized Director Brown for his efforts throughout the life of the project. The Council concurred. 6. PUBLIC HEARING None. 7. PARKS Administrator Dawson stated there had not been a Park Commission meeting since the last regular Council meeting. SHORE WOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page 3 of9 Councilmember Turgeon suggested the Park Commission research the possibility of applying for a grant from Blue Cross Blue Shield. The grant could be used, for example, for Freeman Park improvements for trail projects. She stated the City of Excelsior had received a grant from Blue Cross Blue Shield. 8. PLANNING Administrator Dawson stated there had not been a Planning Commission meeting since the last regular Council meeting. 9. GENERAL/NEW BUSINESS A. Planning Commission Appointments Woodruff moved, Turgeon seconded, Approving RESOLUTION NO. 07-015, "A Resolution Making the Appointments of Bob Gagne (3-year term), Thomas W. Geng (3-year term), David B. Hutchins (3-year term), and William Ruoff (I-year term) to the City of Shorewood Planning Commission". Motion passed 5/0. B. Cooperative Agreement Regarding Minnewashta Dog Park This item was pulled from the consent agenda for discussion at Councilmember Turgeon's request. Councilmember Turgeon expressed concern with the Agreement stating the City would contribute up to $10,000 for partial funding of the "off leash dog area" within Minnewashta Regional Park, yet the City would only contribute $5,000 (from the Park Capital Improvement Program) and the Shorewood Parks Foundation would contribute the remaining $5,000. She stated that Administrator Dawson had explained to her that the Foundation would reimburse the City for its share of the contribution. She stated she thought the Parks Foundation should be listed as a contributor. Attorney Keane explained that he had recommended the entire contribution be made directly from City for liability reasons. He explained the City had statutory immunity from liability in funding and operation of its parks facilities, and the Foundation did not. The City was also an appropriate conduit for the Foundation to make contributions and grants. If there would ever be a claim filed against the dog area, the claimant may attempt to include all peripheral parties in the claim. Councilmember Callies, who is a member of the Parks Foundation Board, stated the Board was aware that the City would make the entire contribution and the Foundation would reimburse the City for its share of the contribution. Councilmember Turgeon also expressed concern that the terms of the Agreement stated it would remain in effect for ten years, yet under the "Performance" clause in the Agreement it was stated that "Carver County agreed to operate the off leash dog area at the Lake Minnewashta Regional Park for a minimum of six years". Director Brown stated the "Performance" clause would be changed to reflect a minimum of ten years. In response to a question from Turgeon, Brown explained the ten-year timeframe protected the City as it clearly stated the City was under no obligation to operate the off leash dog area for a period often years (Carver County established ten tears as the maximum term limit). SHOREWOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page 4 of9 The following clarifications were made by Director Brown in response to questions from Councilmember Turgeon. He did not recollect what the terms of the Skate Park Agreement were, but it was important that term length be specified in this or any agreement. The ten-year term ensured the City would be indemnified and held harmless throughout the term of the Agreement. The Agreement's "Failure to Complete" clause would provide the City with some recourse to recover some, if not all, of its donation should the off leash dog area improvements not be completed. The Park Commission requested that the City's contribution would only be used to fund "hard" improvements (and not the engineering study) and payment of reimbursable expenses, such as those identified as examples in the Agreement, would be consistent with that direction. The Park Commission had acknowledged that the Agreement be presented to Council without the Commission's final review, as documented in the October 24, 2006, Park Commission Meeting Minutes. Wellens moved, Callies seconded, Approving RESOLUTION NO. 07-014, "A Resolution Approving and Authorizing Execution of a Cooperative Agreement Between the City of Shorewood and Carver County for Participation in the Off Leash Dog Area within Minnewashta Regional Park." Motion passed 4/1 with Turgeon dissenting. C. Community Rec. Resources 2006 Year-End Report This item was pulled from the consent agenda for discussion at Councilmember Woodruff's request. Councilmember Woodruff stated at the January 9,2007, Park Commission meeting the topic of receiving versus accepting reports was discussed. He brought that question before Council at its January 22, 2007, meeting, where it was explained that accepting or receiving were a matter of semantics, and receiving and accepting a report did not equate to agreeing with the report's content. Woodruff's concern was with the fact that approval of the consent agenda, which included the Community Rec. Resources 2006 Year- End Report as an item on the consent agenda, could imply that Council approved the contents of the Report. He commented he thought the Report was a good report. Administrator Dawson eXplained the motion was to accept the repOJi. Wellens moved, Woodruff seconded, Accepting the Community Rec. Resources 2006 Year-End Report. In response to a comment from Councilmember Turgeon, Administrator Dawson clarified that Year-End reports had at first been presented to Council (two times) and thereafter they had been included on the consent agenda. Motion passed 5/0. D. Approval of Electrical Services Agreement This item was pulled from the consent agenda for discussion at Councilmember Woodruff's request. Councilmember Woodruff questioned if firms other than Egan Services had expressed interest in providing Electrical Services to the City. Mayor Lizee stated her recollection was that Egan Services was the only firm that had been willing to provide services at a discounted rate, provided a periodic schedule was established and a service agreement was entered into. Director Brown concurred with Mayor Lizee's recollection. SHOREWOOD CITY COUNCIL REGULAR MEETING February 12,2007 Page 5 of 9 In response to a question from Councilmember Woodruff, Director Brown stated this would be the second 12-month contract with Egan Services. Councilmember Woodruff asked that the City advertise for electric serVIces bids for the period of February 1,2008 - January 31,2009. Woodruff moved, Turgeon seconded, Approving the Service Agreement for Electrical Services with Egan Services. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Chanhassen / Woodhaven Well Interconnect Project, City Project No. 05-11 Engineer Landini stated the bids for the Chanhassen/Woodhaven Well Interconnect project were opened on February 7, 2007. The low bidder was G.L. Contracting for an amount of $137,739.70. He noted the engineer's estimate for the project was $195,000. Director Brown stated G.L. Contracting had performed other projects for the City, and the firm was a reputable contractor. He noted that Chanhassen was going to reconstruct the portion of Y osemite Avenue located in Chanhassen as a State Aid route as part of this project. He clarified that the City's portion of the project included a watermain installation only. In response to a question from Councilmember Turgeon, Director Brown clarified that the differences in bid costs versus the engineer's estimate were spread throughout the project. He stated that, based on experience, by the time the project was complete and all change orders accounted for the project would probably cost closer to $165,000 (where most of the bid amounts occurred). Callies moved, Woodruff seconded, Approving RESOLUTION NO. 07-016, "A Resolution Accepting Bid and Awarding Contract for the Chanhassen/Woodhaven Well Interconnection Project, City Project No. 05-11. Motion passed 5/0. B. Authorize Commencement of Easement Acquisition for the Amlee Road and Manitou Lane Project Director Brown first provided a historical perspective of the Amlee Road and Manitou Lane project. The project was proposed as a pavement reclamation project, a project similar to the original Wedgewood Drive Project proposal. He commented that preliminary plans had been included in the meeting packet. Brown then highlighted the three aspects of the proposed project. With regard to the typical roadway section aspect, Staff and WSB and Associates were reexamining the soil borings that were obtained to determine if the pavement reclamation (versus a full reconstruction) was appropriate, based on recent experiences on the Wedgewood Drive Project. Reconstruction would cost significantly more than reclamation. With regard to the stormwater and drainage aspect, Brown stated a storm sewer system had been proposed through several properties to address ongoing drainage concerns. Along with the proposed storm water system, was the dredging out of degraded wetlands along several properties on the north side SHOREWOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page 6 of9 of Amlee Road. He commented the dredging had been requested by several of the residents. He explained that under the Wetland Conservation Act, dredging of the subject wetlands was considered an impact, and must be mitigated at a ratio of two-to-one of the square-foot area impacted. Therefore, Staff had proposed creation of an additional wetland on a property nearby which was owned by the City. That wetland would serve as mitigation for the impact, and it provided an opportunity to address several of the ongoing drainage concerns for the area. With regard to the easements aspect, Brown stated permanent drainage and utility easements, in addition to temporary construction easements, would be required over the proposed storm water system and ponding wetland areas. He commented that it was possible that property owners could grant the easements in exchange for addressing the drainage concerns. Brown stated the item for Council consideration this evening was authorizing Staff to commence with the acquisition ofthese easements. Staff would meet with the property owners individually and as a group. Brown explained if Council were to consider watermain installation as part of the project, watermain would have to be extended from near Gideon Glen through Glen Road and on through the project corridor also. Brown stated should Council consider watermain installation, the next step would be for Staff to meet with the residents of Amlee Road, Manitou Lane, and Glen Road regarding potential interest in the installation of watermain. It had been asked if it would work to install watermain in the Amlee Road and Manitou Lane Project corridor, and leave it "dry" until watermain was placed along Glen Road. He explained that installation of dry watermain for an extended period of time had not worked well in the past. In response to a question from Councilmember Turgeon, Director Brown stated in addition to the easements required from residents along the project corridor, easements would need to be acquired in the area that goes from Glen Road to the cul-de-sac in the project corridor for the storm sewer installation. Director Brown stated if the City was not able to acquire enough easements, the condemnation project could become too expensive to pursue. In response to a question from Councilmember Turgeon, Director Brown explained Glen Road still had service life remaining, whereas the road base under Amlee Road and Manitou Lane moves around significantly. He expressed concern that should the project be done in two phases with dry watermain being installed as part of the first phase, unless the watermain would remain dry for no more than six months when connected to Glen Road in the second phase. Although it was not his first choice in alternatives, directional boring could be considered for watermain installation on Glen Road. He then stated he estimated there would be a two-year reduction in the service life of Glen Road as a result of heavy equipment use of the road for the Amlee Road/Manitou Lane Project. Should all three roads be reclaimed at the same time, he questioned where the residents along the three roadways would park. In response to a question from Councilmember Wellens, Director Brown stated under certain scenarios the reclamation aspects and drainage aspects of the project could be separated into two phases. Councilmember Callies stated she was generally in favor of installing watermain as part of road reclamation projects, but she would like to review the alternatives for performing both those aspects as SHOREWOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page70f9 part of the project. In response to a question from Callies, Director Brown stated Gideon's Lane already had watermain installed. Turgeon moved, Callies seconded, Authorizing Staff to Commence with Easement Acquisition for the Amlee Road and Manitou Lane Reconstruction Project. In response to a question from Councilmember Woodruff, Director Brown stated the parcel of land the City owned that would be used for an additional wetland currently was an open field that people threw garbage onto. Motion passed 5/0. C. Schedule a Date for the Amlee Road and Manitou Lane Neighborhood Meeting This item was pulled from the consent agenda at Administrator Dawson's request. Administrator Dawson stated Council had approved the date of Thursday, March 8, 2007, for a Public Information Meeting for the residents of Amlee Road and Manitou Lane. He explained due to scheduling conflicts, Staff requested that the meeting be rescheduled. Director Brown suggested March 22, 2007, for the new meeting date. Turgeon moved, Callies seconded, Rescheduling the Date for the Public Information Meeting for the Amlee Road and Manitou Lane Project to March 22, 2007. Motion passed 5/0. 11. ST AFF AND COUNCIL REPORTS A. Administrator & Staff 1. Wedgewood Drive, Mallard Lane, and Teal Circle Neighborhood Meeting Director Brown provided a summary of the Public Information Post-Construction Meeting for the Wedgewood Road, Mallard Lane, and Teal Circle Reconstruction Project which was held on January 30, 2007. He stated 8 - 12 residents attended the meeting. The residents provided Staff with comments regarding how the project was conducted. The residents stated they thought communication could have been improved, and they appreciated the weekly updates. The residents also stated staging of the project (e.g., getting residents to and from their cars) was a problem as well as their access to their mailboxes. Mayor Lizee stated the meeting was beneficial, and the comments from the residents were helpful. Attorney Keane suggested the City consider setting up an intra net site for each project that could be used for communicating project information. B. Mayor & City Council 1. EFD Funding Discussion Group update Councilmember Wellens highlighted the discussions which occurred at the EFD Funding Formula Discussion Group meeting held on February 7, 2007. He explained that the funding formula would SHOREWOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page 8 of9 evolve to 100% ad-valorem basis in 2010. Deephaven had questioned the appropriateness of continuing with that direction. He reviewed the pros and cons identified. The pros: it was simple (it was designed so there were no politics involved between the cities); it was the basis for agreeing to the JP A in its entirety and for the approval of the public safety facilities; the EFD was one community rather than five cities; there was no need to change anything; and 90% of the operating budget was fixed labor and equipment costs with 10% of the budget variable, thus only 10% of the operating costs be controlled by demand. The cons: changing the formula would not remove politics; it would be the prerogative of each member city's council to review medical calls (which are approximately 60%) not related to property value; the EFD may no longer act as one district when making policy directions; it could increase member city's costs in the future; and it detaches actions from consequences. Administrator Dawson stated the question at hand was for Council to decide if it wanted the City to continue to participate in the discussions related to possibly moving away from the ad-valorem philosophy by which the EFD was formed. Councilmember Wellens stated the City's costs would change by less than 5% if the funding formula were based on actual services used. Administrator Dawson stated responses accounted for 20% of the operating budget and 10% of the total budget. He then stated as the discussions continued it could evolve to reallocate 10% of the total costs that were variable. Councilmember Callies stated she would prefer the funding formula remain as it was. She expressed concern with a desire to change agreements at future dates in the life of the agreement. She stated that based on current information she did not believe it would be easy to accurately determine each city's portion of the variable costs. Councilmember Wellens stated each member city's council had the right to request changes to an existing agreement. His concern with continuing with the ad-valorem philosophy was a city would not suffer any consequences for actions and decisions that would consume additional resources. He would prefer that a city's portion of the variable costs were impacted by the consequences of its actions. He stated he would prefer the City continue to participate in the discussions, and he would support a move away from the ad-valorem funding philosophy. Mayor Lizee stated it was each council's responsibility to keep abreast of proposed changes that would increase the variable operational costs, and to address those changes accordingly. Councilmember Turgeon stated that because an organization/individual entered into an agreement, it did not prohibit them from attempting to modifY that agreement. Discussion was always worthwhile. In response to a question from Councilmember Turgeon, Councilmember Wellens explained the first question before each council was whether or not they wanted to continue discussions regarding a possible change in the ad-valorem funding formula philosophy. In response to a question from Councilmember Callies, Administrator Dawson explained the JP A defined the process that must be followed to amend the JP A and he reviewed that process. Councilmember Callies questioned if this was the appropriate time to consider amending the JPA. SHORE WOOD CITY COUNCIL REGULAR MEETING February 12, 2007 Page 9 of9 Councilmember Turgeon stated she would support continuing the discussions. In response to a comment by Councilmember Woodruff, Administrator Dawson stated that in addition to each city charging for false alarms there may be other fees that could be charged for services and those policies could be formally adopted by the EFD. Councilmember Callies expressed her concern with the philosophy that entering into agreements did not mean the agreement was binding. To request a change to an agreement when it was no longer beneficial to one of the partners minimizes the meaning of contractual agreements. Mayor Lizee stated she did not believe there was any compelling reason to change the JP A. The EFD should continue to provide services based on community needs, not individual city needs. There was consensus that the City would continue to participate in JP A funding formula discussions. Mayor Lizee stated she had attended the Save the Lake banquet and Gabriel Jabbour was the keynote speaker. Mr. Jabbour spoke about Big Island Park activities. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of February 12,2007, at 8:32 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ~~~~ Christine Lizee, Mayor