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032607 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 26, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Administrator Dawson; Attorney Keane; Finance Director Burton; Planning Director Nielsen; 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. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 12, 2007 Wellens moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of March 12,2007, as presented. Motion passed 5/0. B. City Council Work Session Minutes, March 12,2007 Turgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of March 12,2007, as Amended in Item 3, Page 4, Paragraph 8, add "Attorney Keane stated the agreement did not obligate the City.", and in Item 3, Page 5, Paragraph 8, Sentence 2, change "could be a result of hard well water." to "could be the result of hard well water, because the water softener was not operational." Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens 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 SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 2 of 15 C. Authorization for Expenditure of Funds for Soil Borings for Lighting at Badger Football Field (This item was moved to Item 10.B under GeneralINew Business.) D. Adopting RRESOLUTION NO. NO. 07-022, "A Resolution Proclaiming April 27, 2007, as Arbor Day." E. Authorize Expenditure of Funds for Soil Borings for Amlee/Manitou Road Project (This item was moved to Item 10.C under GeneralINew Business.) F. Approve Plans Specifications and Estimate and Authorize Advertisement of Bids for Badger Field Lighting Project (This item was moved to Item 10.D under GeneralINew Business.) G. Approve Extension of Deadline for Variance and C.U.P. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held March 13, 2007 Commissioner Trent reported on matters considered and actions taken at the March 13, 2007, Park Commission meeting (as detailed in the minutes of that meeting). In response to a question from Mayor Lizee, Commissioner Trent stated that 3rd Lair approached the Park Commission regarding hosting a skate camp at the South Shore Community Park skate park. Lizee stated that prior to the City having developed a skate park, 3rd Lair had conducted an exhibition in the City Hall parking lot. She also stated 3rd Lair was widely known throughout the State. She suggested information about the camp be published in the ShoRE port. B. Update on Arctic Fever Costs Director Brown provided a contributions/expense recap of the Arctic Fever event per Council's direction. The City's portion of the expenses were $1,686.63; and the City received $1,500 in donations ($1,000 from American Legion Post 259 and $500 from the Parks Foundation) to cover the majority of those expenses. SHOE WOOD CITY COUNTIL REGULAR MEETING March 26,2007 Page 3 of 15 In response to a question from Councilmember Wellens, Director Brown stated the net amount paid by the City for the event was $156. Councilmember Turgeon suggested that formal thank-you notes be sent to the American Legion Post 259 and to the Parks Foundation. 8. PLANNING - Report by Representative Commissioner Gniffke stated the Planning Commission study session that had been scheduled for March 20, 2007, had been canceled. He then stated that Director Nielsen had conducted an orientation for the three new Planning Commissioners that evening. A. Conditional Use Permit Amendment for Fire/Rescue Powerboat Applicant: Shorewood Yacht Club Location: 600 West Lake Street Director Nielsen stated Mike Maloney, representing the Shorewood Yacht Club (SYC), had requested an amendment to the SYC's current conditional use permit (C.U.P.) that would allow the Excelsior Fire District (EFD) to keep its fire/rescue boat at the SYC. The SYC was located at 600 West Lake Street. Mr. Maloney's request proposed that a new dock would be built on the west end of the SYC property, near Timber Lane. Nielsen reviewed site location maps which illustrated the location of the new dock relative to Timber Lane and relative to the entire SYC site. Nielsen then explained the previous owners of the SYC had applied to rezone the property from single- family residential to L-R and for a C.U.P. pursuant to L-R district requirements. The rezoning and C.U.P. requests were approved, along with an annual license for a multiple dock facility, subject to the rules of the Lake Minnetonka Conservation District (LMCD). A condition of both the rezoning approval and the C.U.P. approval was that the SYC would continue to be operated as a sailing yacht club. Exceptions to the sail boat restriction were: 1) the SYC could keep four power boats for club use in conjunction with sailing activities (e.g. judges' boats for armadas, towing disabled boats, etc.); and 2) the SYC would be able to dock boats and machinery associated with milfoil harvesting, without sacrificing allowable slips. Nielsen went on to explain that the EFD was interested in reducing its response time for lake-related emergencies. The EFD currently docked its fire/rescue boat at the Tonka Bay municipal docks; although the location worked for the EFD, it was not ideal. The Tonka Bay location resulted in delayed response times due to the driving distance from EFD Station 1. The water at the Tonka Bay location was a minimum-wake zone until the watercraft was out ofthe bay, and this caused further response time delays. He stated that EFD Chief Gerber had explained how the EFD fire/rescue boat was used and how frequently it was used in a memorandum from him dated 26 February 2007. The memo also addressed a number of concerns that had been raised by area residents. One of the concerns raised in the previous amendment request for power boats was the impact wave action would have on the shoreline in the vicinity of the SYC. The Chiefs memo explained the fire/rescue boat was used approximately 20-22 times a season, and emergencies accounted for 10 of the occasions on which the boat would leave the dock. Also, the fire/rescue boat would only have to leave the dock at accelerated speeds on outbound emergency trips. The Chiefs memo also explained that on most occasions emergency personnel would arrive at the dock site in one rescue truck. There may be times when a Duty Officer may also come to the dock site in a separate vehicle, and occasionally another vehicle may bring additional supplies to the site. SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 4 of15 Nielsen stated that in the Staff report, Staff had recommended that the fire/rescue boat be kept in one of the empty slips on SYC dock #4 until such time as the current yacht club owners were successful in filling the slips. It would not be fair to the owners to sacrifice a paying slip. That alternative would delay the need to construct another dock on the property, and it would also provide time to address the issues of access and parking on Timber Lane. He explained that during the Public Hearing it was explained that the reason a new dock was recommended (rather than using an existing slip on dock #4) was access to dock # 4 was on SYC property and that driveway was shared with a dredging company located next to the SYC; heavy equipment frequently obstructed the use of the driveway. Also, during the spring boat launch and fall boat removal time periods the SYC property itself was quite congested; therefore, the rescue vehicles would not be able to get very close to the fire/rescue boat. Nielsen then stated that the Planning Commission had unanimously recommended approval of an amendment to the SYC's C.D.P. that would allow the EFD to keep its fire/rescue boat at the proposed new dock, subject to the City Attorney confirming that the C.U.P. amendment would not establish precedent regarding approval of future motor-boat docking requests and to Staff approval of to-be- determined parking arrangements. Staff supported that recommendation. The City Attorney had confirmed the text amendment would not establish precedent to approve future additional power boat or dock requests for the SYC. With regard to parking, Nielsen explained the outstanding question was where to park the EFD rescue truck - should the vehicle be parked on Timber Lane (which would require that the shoulder be widened) or should it be parked on an old trail/driveway that ran parallel to the lakeshore (that area was currently chained off and it had previously been used only minimally for a sailing school). Nielsen stated Staff would address the parking situation prior to a resolution being presented to Council for consideration at the next Council meeting. Mayor Lizee stated that EFD Battalion Chief Heiland, and SYC co-owners Gabriel Jabbour and Mike Maloney were in the audience this evening to answer any questions Council may have. In response to a question from Councilmember Woodruff, Director Nielsen stated in either parking situation the parking would be off-street. If the old trail/driveway were to be used for parking, that site may require additional class-5 rock to support the weight of the rescue truck. If Timber Lane were to be used for parking, the shoulder on Timber Lane may need to be widened. There would not be any situation where parking would be done a roadway travel surface. In response to another question, Nielsen stated it was the EFD's financial responsibility to fund the costs for improvements. Battalion Chief Heiland stated the EFD did not have any budgeted funds to make the improvements. In response to a third question from Woodruff, Nielsen there would be minimal vegetation removal at the proposed site for a new dock and there may be a need to install steps. In response to a question from Councilmember Turgeon, Director Nielsen explained the spring boat- launch season and the fall boat-removal season are each one month long and the EFD fire-rescue boat was launched as soon as the ice went out. Turgeon stated her biggest concern was that the City had spent a great deal of time and money on court proceedings to ensure that SYC "site 2" would remain unaltered and calm, as well as in discussions with the previous owner of the SYC regarding whether or not it was a mistake to allow the SYC to build its dock #4. She stated she would prefer the EFD use an existing slip to dock its fire/rescue boat. She then stated the City had discussed making the SYC area a no-wake zone with the previous SYC owners at the expense of the SYC; and if the site were to be made no-wake then there would be no difference from the Tonka Bay municipal docks location. Turgeon questioned what the SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 5 of 15 difference in response time would be if the EFD fire/rescue boat were to be docked at the SYC location or the Tonka Bay location. Councilmember Wellens thanked the SYC owners for their generosity and willingness to dock the EFD fire/rescue boat at the SYC. He then expressed concern with parking EFD rescue vehicles on Timber Lane (there were no-parking signs posted on Timber Lane). He questioned why the EFD fire/rescue boat could not be docked at SYC's dock #1 (the most easterly located dock). He then stated his main concern was with having EFD fire trucks traversing a residential street if there was no need to use that particular route. Councilmember Callies stated public safety was the purpose of the request for an amendment; public safety was paramount. She then stated it was not clear to her how the SYC location was selected, and she questioned if other locations had been considered. She clarified that she was not opposed to the request. She went on to state that because this was a public safety request, she thought it was most appropriate that public safety personnel determine the best location for the emergency response vehicle. She also stated she could appreciate the need for having a separate dock for an emergency response vehicle. Mayor Lizee stated that it was her understanding that the SYC site was selected for a safety reason, that reason being improved response time. The response time from the SYC would be faster than the response times from the former Excelsior dock location and the Tonka Bay location. The SYC location would also be a secure location, and it would be relatively easy for the EFD personnel to access. She commended the EFD and the SYC for their efforts to identify a site for the EFD fire/rescue boat, a location that appeared to be good for a variety of reasons. Lizee then stated she went to the proposed site today to review it; the sight-line on Timber Lane was straight, the roadway was level, and residential vehicles could pass a vehicle parked on the shoulder. She went on to state that the parking situation could be addressed satisfactorily. Lizee then stated that public safety should be the highest priority issue to address in this situation. Councilmember Turgeon stated she had not been provided with any specifics regarding how much the response time would be reduced if the boat were to be docked at the proposed SYC location. She then stated if the response time were to be improved by 30 - 60 seconds, then she would not support using Timber Lane to access the fire/rescue boat. She recollected there had been a fire on Timber Lane one July 4th, and vehicles lost their side mirrors when a fire truck went down that roadway. She stated Timber Lane was a residential street, and there was not any lighting for the roadway. There was a commercial entrance on the SYC property that could be used. Mayor Lizee commented the commercial driveway located on the SYC property was shared with a dredging company located next to the SYC; heavy equipment frequently obstructed the use of the driveway. Also, during the spring boat launch and fall boat removal time periods the SYC property itself was quite congested. Gabriel Jabbour, a co-owner of the SYC and an Orono resident, stated that during his tenure as Mayor of Orono he had been involved with the construction of two fire stations. During that construction an issue of locating one station "one driveway away" caused great concern among the public because it would result in a 16-second delay in response times. He stated he had previously worked with the LMCD to identify locations for four fire/rescue boats that would allow for fast response times. He also was involved in establishing a helipad on Big Island. He stated that the Tonka Bay Marina (which he also owned) had provided the Hennepin County Water Patrol with space free of charge for one year. The SHOE WOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 6 of 15 same questions were asked of the Water Patrol that had been asked of the EFD. Mr. Jabbour stated that 7 - 10 people had been saved because the Water Patrol had been located at the Tonka Bay Marina location. He commented that he had personally transported two individuals in crisis situations from Big Island to Excelsior. Mr. Jabbour commented there was never a perfect scenario, and there was not a single solution. He stated the SYC would be a permanent site for the EFD fire/rescue boat; the EFD would not have to continually try and find a place to dock the boat. He stated that from his vantage point, he thought parking public emergency vehicles on Timber Lane was a reasonable use of a public road. Mr. Jabbour noted that the SYC would not make any money from the EFD's use of a new dock; rather it would result in a cost to the SYC. He asked Council to please give the SYC owners a chance to establish their credibility, and to not judge them based on the actions of the previous owners. Lastly, Mr. Jabbour explained that the SYC was built on fill. That day he had gone on to the site with his pickup truck and got stuck in the mud. He did not think that the EFD rescue truck would be able to enter onto the site today. He stated if the dredging company was in the process of having rock delivered, response time could be delayed by 10 - 20 minutes while the rescue truck tried to access the boat. Mike Maloney, 23 I Third Street (Excelsior) and co-owner of the SYC, stated that it took the SYC at least one month to launch all the boats in the spring. He then stated the SYC was an "active marina", and it was always in the process of moving boats around on the property. He explained that the docks on the other piers (i.e., docks # 1 - 3) were "one-foot finger docks" and they were not conducive for carrying rescue equipment on; the width of dock # 4 was 1.5 feet. In response to a question from Councilmember Turgeon, Mr. Maloney stated the LMCD recommended the request specify an 80-foot long dock to ensure there was adequate water depth; the fire/rescue boat was eight-foot wide by 25-feet long thereby requiring a 20-foot slip. In response to another question, Mr. Maloney stated the new dock would be 40 inches wide. Mayor Lizee stated that the Planning Commission had unanimously recommended approval of an amendment to the SYC's C.U.P. subject to the City Attorney having no objection and to Staff approval of to-be-determined parking arrangements. In response to a question from Councilmember Turgeon, Director Nielsen stated Staff supported the Planning Commission's recommendation. In response to a question from Councilmember Woodruff, Battalion Chief Heiland stated the EFD fire/rescue boat would be docked at the Tonka Bay municipal docks as soon as the ice left Lake Minnetonka pending a decision from Council. Councilmember Turgeon stated she wanted to know the specifics regarding parking, vegetation removal, etc., prior to taking action on the request. Mayor Lizee asked Council if it would be willing to direct Staff to prepare a resolution with findings of fact provided that Staff can satisfactorily address the parking situation and what site alteration would need to be done. She commented the site was overgrown. Councilmember Callies stated she would support moving forward with Staff preparing a resolution with findings of fact. Councilmember Woodruff stated he would like Staff to prepare a plan, and if the plan was acceptable Council could then SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 7 of 15 consider a resolution. Director Nielsen stated Staff could prepare a resolution with findings of fact and a plan for Council to consider at the next Council meeting. Councilmember Wellens questioned if the proposed site may be more subject to vandalism than another site at the SYC. He questioned if the proposed site should have some type of gate or fence to restrict access. In response to a question from Mayor Lizee, Battalion Chief Heiland stated the EFD had not experienced any acts of vandalism to the fire/rescue boat while it was docked at the Tonka Bay municipal docks. Wellens moved, Callies seconded, Directing Staff to Prepare a Resolution with Findings of Fact Approving a Conditional Use Permit Amendment for the Shorewood Yacht Club to Allow Docking of the Excelsior Fire District's Fire/Rescue Boat at a New Dock Location. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Park Commission Appointments Turgeon moved, Callies seconded, Approving RESOLUTION NO. 07-024, "A Resolution Making the Appointment of Paul Alegi (3-year term) to the City of Shorewood Park Commission". Motion passed 5/0. B. 2007 Funding for Senior Community Services (SCS) Mayor Lizee stated at a March 12, 2007, Council meeting Council discussed the invoice from Senior Community Services (SCS). It requested this topic be discussed further at this meeting. Administrator Dawson stated the purpose of his memo to Council dated March 22, 2007, regarding 2007 funding for SCS was to summarize discussions Council had in 2006 regarding the SCS proposal to increase the City's contribution for its services. An amount of $13,500 had been approved for SCS's services in the City's 2007 budget. The invoice amount of $13,441 was consistent with the 2007 budget amount. At its March 12, 2007, meeting Council approved payment of $6,500 toward the invoice (an amount equal to the 2006 payment). Mayor Lizee stated Ben Withhart, Executive Director of SCS, was present this evening. Mr. Withhart stated SCS was the not-for-profit organization that had provided services for seniors for more than 20 years. He thanked the City and Council for providing funding for SCS services. He stated the South shore Center had been very successful, and it had exceeded expectations during its ten-year existence. He stated SCS services were originally provided at the former Excelsior High School for approximately ten years. It then moved to Mount Calvary Lutheran Church until the current Southshore Center had been constructed. He thanked the City for contributing the land on which the Southshore Center was built and for Attorney Keane's services. Mr. Withhart then stated he had come before Council in July 2006 with a request from SCS for increased funding for its services. He was here this evening to request Council to authorize payment for the balance of the $13,441 invoice from SCS, which would be a payment of$6,941. SHOE WOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 8 of 15 Mr. Withhart explained that meetings had occurred with the mayors and city administrators/managers of the five South Lake Minnetonka cities to review financial information from SCS and the Friends, and additional meetings were scheduled. A planned outcome from the meetings would be to determine what amount of funding would be necessary for SCS services in 2008 and how to allocate that funding among the five cities. He noted that the Friends would like to request new funding to help support the operations and maintenance costs for the Southshore Center. He noted that members of the Southshore Center Advisory Council and the Friends were present this evening. Councilmember Turgeon stated part of the discussion in 2006 when SCS and Friends representatives were present centered on the sustainability of the Southshore Center. The five cities help fund SCS services, but there were not any funds contributed for the maintenance of the Center. She then stated although the City had allocated increased funding for SCS services in its 2007 budget, there had been no further discussion regarding if those funds should be allocated between SCS and the Friends. She now wanted to have discussions with regard to ensuring the sustainability of both senior programs and the building. She questioned why there was funding for SCS services but not for building maintenance. She noted that Deephaven contributed $4,500 to the Friends in 2006, but it contributed nothing to fund SCS services. She stated that none of the other five member cities doubled the amount of their funding contributions for SCS services in 2007. She then stated she wanted the five cities to address the need to fund both SCS services and the maintenance ofthe South shore Center. Mayor Lizee stated it was important that the five cities consider how to fund both the programs and the building maintenance; that was the purpose of the meetings that were being held. This evening's discussion was to address decisions made during the 2007 budgeting process. At a July 24, 2006, City Council work session, SCS presented its proposal that the five cities would increase their funding for SCS services over three years; for Shorewood, the funding would increase from $6,500 to more than $13,400 in 2007. During that meeting SCS offered to convene meetings for the five cities to discuss how to fund operations and maintenance of the Southshore Center. At an August 7, 2006, City Council work session, the proposed 2007 budget was reviewed. It was noted that the budget included $13,500 for SCS's services in 2007; and Council did not direct any changes to that. At a September 11, 2006, City Council regular business meeting, Council accepted the proposed 2007 General Fund budget and approved the proposed tax levy for 2007. Council made no changes to proposed budget. At a December 11, 2006, City Council regular business meeting, the truth-in-taxation presentation was held and public comment on the proposed budget was taken. The increase in funding requested by SCS was highlighted in the presentation. Council approved the 2007 budget as presented, with no further modifications. Mayor Lizee questioned if Council was going to regularly reverse decisions it had made with regard to 2007 budget commitments. Council had made a commitment to SCS for the amount of $13,441, with discussion and public hearings having been held, and that commitment should be honored. Councilmember Turgeon stated when a budget (in general) was prepared, it was prepared to cover the worst-case scenario. She stated she did not recollect that there was specific rationale for SCS's request for an increase in the City's funding at the July 24, 2006, meeting. At that same meeting the Friends asked for funding for building operations and maintenance, although no specific amount was requested. She stated the sustainability of the Center was also discussed at the meeting. From her vantage point, Council set aside $13,500 for the worst-case scenario, but Council had not yet had any discussions regarding reallocating some of the $13,500 to the Friends for building maintenance. Turgeon stated it was important the building be maintained in a usable condition. She again stated that from her vantage point the approved budget was for a worst-case scenario, and before the allocated funds were actually SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 9 of 15 approved to be spent, there should be further discussion. She cited an example of potentially spending the maximum amount budgeted for a new network server, when it would be possible to purchase one for less. She also stated that she thought Council should have had additional discussion regarding the Friends request for funds for major building repairs. Councilmember Callies agreed there had been some discussion regarding the need to fund major building repairs, and she agreed that additional discussion was needed. She stated many questions had been raised regarding the long-term viability of the Center and the programs for seniors. She then stated Council did approve a budget which included an allocation of $13,500 to cover the funding requested for SCS services. She stated she did not think Councilmember Turgeon was confused with the budget process, but rather what she understood Turgeon to say was she did not want to move forward with the funding commitment for SCS services, and that was a new issue. Callies stated she did not think there was a need to continually revisit approved budget decisions. She agreed there was not a need to spend the maximum amount budgeted if there was not a prudent reason to do so. The reason for conducting the budget process, including the public hearing, was to ensure the necessary funds were available. With regard to Turgeon's network server example, Callies stated just because the need was identified and the funds were allocated did not eliminate the need to solicit bids for the server. Callies then stated the need for additional discussion regarding the long-term viability of the Southshore Center and senior programs and the commitment of $13,441 in funding for SCS services were two different matters. Councilmember Wellens stated after listening to Councilmember Turgeon's perspective on this topic multiple times he has changed his mind regarding the increase in funding for SCS services in 2007. He stated it was appropriate for Council to change its mind if new information was made available after the budget process had been completed. He was now more inclined to allocate some of the budgeted funds for SCS services to the Friends for maintenance of the building which was an asset ofthe City's. Councilmember Woodruff commented that he had not been involved in the 2007 budget process. He stated he had not been provided with information on how the authorized $6,500 payment to SCS would be used, nor how the remaining $6,941 of the invoiced amount would be used. He expressed disappointment with having to wait until the 2008 budget cycle to understand how the requested funding for 2008 would be used, let alone how the 2007 funds were used. The 2007 information should be available upon request. He stated the he was not opposed to funding building repairs. Mayor Lizee stated SCS had requested increased funding for senior programs in July 2006. The Friends, who were responsible for operations and maintenance of the Center, did not request a specific fund contribution. She then stated Mr. Withhart had previously explained to Council that, SCS received negligible, if any, funds from the federal Community Development Block Grant (CDBG) program; and funding from other Federal, State and community organizations (e.g., such as the United Way) had also been cut. Mr. Withhart stated the funds received from the City for over twenty years had always been used to cover staffing costs and associated operating costs (e.g., phones for staff). He stated SCS services were originally provided at the former Excelsior High School for approximately ten years. It then moved to Mount Calvary Lutheran Church until the current Southshore Center had been constructed; there was no charge to be housed in the Church. He explained the building was built by contributions from the five cities, and $100,000 in funds raised by the Friends. SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 10 of 15 Mr. Withhart also explained when the Center was built the five cities had decided they did not want to be responsible for maintenance, operations, programming or staffing of the Center or any other costs, expenses or capital investments relating to the Center, and that was specified in the Cooperative Agreement. He stated that it had become apparent to the Friends that in order to keep the South shore Center operational (both the building and senior programs), the Friends would need to receive funding from the five cities for building operations and maintenance. He commented on the remarkable job the Friends had done over the last ten years operating and maintaining the Center. SCS had also contributed resources to the Friends to assist with rental activities, and it paid for some basic operations support. He stated SCS had always viewed the Center's operations as a partnership between SCS and the Friends. Mr. Withhart stated it would take time for the five cities to reach consensus on future funding and maintenance of the Southshore Center building and activities provided there. Greenwood had initiated the request in 2006 to discuss those topics; and those meetings with the cities' representatives started in January 2007. In response to a question from Councilmember Woodruff, Mr. Withhart stated SCS hoped to have a report of what programs were provided and who participated in the programs available for the review at an April 2007 South shore Center funding discussion meeting with the five cities' representatives. Withhart then stated there had been additional requests for information, but it may be difficult to assemble all of that information due to SCS's limited staff. A full detailed yearly report on the activity levels and participation by city would be prepared again this year. Councilmember Woodruff reviewed a report on 2007 funding contributions for SCS serVIces Mr. Withhart had provided. ~ The Seniors - $5,150 (same as 2006) ~ CDBG - $1,600 (same as 2006) ~ Deephaven - $0 (amount requested was $9,305) ~ Excelsior - $3,000 (amount requested was $5,169) ~ Greenwood - $3,102 (amount requested was $3,102) ~ Tonka Bay - $500 (amount requested was $3,102) ~ United Way - $6,575 In response to a comment from Councilmember Woodruff, Mr. Withhart explained that increased funding (2007 over 2006) was requested of all five cities. He eXplained that in 1995 CDBG funds for SCS services were quite substantial; cities had control over those funds at that time. Approximately six years ago the Federal government issued a mandate that stated only 15% of CDBG funds could be used for services. Shortly after that CDBG funds went into a pool to be allocated by the Hennepin County. As a result of both of those changes, SCS's share of the CDBG funds was substantially less than in 1995. Therefore, SCS had requested increased funding from all five cities. Nancy Smith. 25630 Park Lane, stated you had to be 65 years-of-age or older to live in the development she lived in and there were 62 town homes in that development. She commented all residents in that development paid taxes and the majority were involved in activities at the Southshore Center which they thoroughly enjoyed. She then stated she did not understand how the City Council could say it did not want to provide the necessary funding for the Center. She went on to state that the senior citizen population was growing. She also stated SCS needed the funds the City had committed for 2007 to ensure the senior programs were continued. Ms. Smith stated the Center was badly needed by the SHOE WOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 11 of 15 community. She commented that the seniors in the community remove trash from the parks, and do various others tasks that are beneficial to the community. Jane Seamans. who resided at the Seasons, stated she was a volunteer at the South shore Center and many of the seniors who reside at the Seasons participate in activities at the Center. She commented that there was often a waiting list for people to play bridge. She stated she paid taxes just like the Councilmembers did. She requested that the City not take any action that would have a negative impact on the Center. She stated people take pride in the Center. Dan Weber. a resident of Shorewood Ponds, stated on bridge day there were 13 tables of bridge players at the Southshore Center, and there were other players that participated in the card game 500. Many seniors also eat at the Center. He recommended that Council educate themselves on the activities conducted at the Center. The Center was important to the senior community. He commented that the Councilmembers should remind themselves that they would someday become a senior citizen. Jan Gray. a Greenwood resident, stated she was involved in activities associated with establishing the Southshore Center. She was also a new member of the Friends and she had been an active volunteer at the Center for a long time. She stated the number of residents using the Center had far exceeded the expectations thirteen years ago when it was in a conceptual stage. She stated the senior population was the growing sector of the population. She was pleased to hear Council's desire to ensure that the senior programs and the operations and maintenance of the building would be adequately funded. She stated the design of the building and the building itself was sound. She stated the programs and the building were both assets of the Center. It behooved the communities to have active seniors - they would be more self sufficient, healthier, etc. She then stated it was the older segment of the senior population (there were 3.5 generations of seniors) who brought the infrastructure to the City of Shorewood and provided the foundation for the quality of life residents of Shorewood have. She went on to state it was her understanding that the Friends had expressed a need for financial support from the five cities before. It was her goal to document all the funds the Friends had raised over the last ten years to build and maintain the building, yet the Friends had no ownership of the building. She encouraged the Council to honor the needs of both the Friends and SCS, and to recall the history of Shorewood. She noted that the City had always been generous to the senior community and she hoped the City would continue with that practice. Councilmember Callies stated the people, the senior citizens and the Councilmembers, were also an asset to the City. The funding was an investment in the people and the future of the community. The additional $6,941 in funding that had been committed to SCS services was a very small portion of the City's entire 2007 budget. She then stated if the need for the remaining funding had not been clear to Council prior to the public comment, then it should be now after the residents had articulated their comments. Callies moved, Authorizing Payment of $6,941 to Senior Community Services for the Outstanding Portion ofthe Invoice in Amount of $13,441. Mayor Lizee stated the amount was part of the approved 2007 budget and the services provided were important to the community. Motion failed for lack of a second. Mayor Lizee expressed disappointment with the decision not to pay the remainder of the SCS invoice with approved budgeted funds. SHOEWOOD CITY CO UNTIL REGULAR MEETING March 26, 2007 Page 12 of15 10. ENGINEERING/PUBLIC WORKS A. Approval of WSB Proposal for Professional Services for Stormwater Management Plan Administrator Dawson stated Peter Willenbring, with WSB and Associates, had provided Council with an update on storm water management at a February 26, 2007, City Council meeting. At that meeting it was stated that the City's Comprehensive Water Resource Management Plan must be updated, and that WSB would submit a proposal to the City for providing the services to update the Plan. Engineer Landini stated the Metropolitan Surface Water Management Act (Chapter 601 Laws of 1990) required the Plan be updated by September 2008. He noted Council had been provided a copy of the WSB proposal to perform the update for a proposed contract amount of $78,322. If the proposal was approved, it would be funded out of the Storm Water Management Fund. Wellens moved, Woodruff seconded, Accepting the Proposal from WSB and Associates to Update the City's Comprehensive Water Resource Management Plan. Councilmember Woodruff stated the WSB proposal was methodical and well done. He questioned if any other company was asked or should have been asked to submit a proposal. Director Brown explained that WSB and Associates provide the City with consulting engineering services for storm water management plans and storm water infrastructure needs. Many years ago the City had a practice of using a pool of consultants, and the use of multiple consultants often resulted in finger pointing between the consultants. The City would spend a great deal of time tracking information from the consultants and keeping the consultants consistent during a design phase. He explained that the City routinely compared consulting rates, and it had found that WSB's rates were on the low end of the scale. In response to a question from Councilmember Wellens, Director Brown explained that storm water management skills are a specialized skill set. Engineer Landini could assume responsibility for tasks such as seal coat overlaying tasks that WSB performed for the City, but he did not have the specialized skills for storm water management plans. Motion passed 5/0. B. Authorization for Expenditure of Funds for Soil Borings for Lighting at Badger Football Field This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff questioned if American Engineering and Testing (AET), Inc., was the only company that Staff solicited a proposal from and was AET uniquely suited to conduct a geotechnical analysis for the light pole foundation design for the Badger Football Field. Director Brown explained that when the City had a number of development projects active, each contractor would bring its own soil scientist. It was important that Staff was confident with the soil engineering. AET had been responsive to the City's needs and the Staff is comfortable that any recommendation from AET was a good value to the City. SHOEWOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 13 of 15 Woodrnff moved, Wellens seconded, Accepting the Proposal from American Engineering and Testing, Inc., to Provide Geotechnical Engineering Services for the Badger Park Football Field Lighting. Motion passed 5/0. C. Authorize Expenditure of Funds for Soil Borings for Amlee Lane/Manitou Road Project This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated his concerns were the same as those expressed in Item 10.B above, and were addressed as part of that discussion. Woodruff moved, Wellens seconded, Accepting the Proposal from American Engineering and Testing, Inc., to Provide Geotechnical Engineering Services for the Amlee Manitou Road Project. Motion passed 5/0. D. Approve Plans, Specifications, and Estimate and Authorize Advertisement of Bids for Badger Field Lighting Project This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff stated he was confused with the two sections of Bid Proposal for the Badger Field Lighting Project. Section 1.1.D specified that the Musco's Light-Structure Green System must be used. Later in the proposal it stated the contractor can use a different system than the Musco system, provided the contractor submit information regarding the alternate system 10 days prior to bid. He questioned if Musco was the sole source for the hardware. Director Brown stated an alternate system could be used provided the contractor demonstrated that system would meet the life cycle costs and the specifications. Woodruff recommended that Section 1.1.D be modified to include an approved equivalent system would be allowed. In response to a question from Councilmember Wellens, Director Brown stated the City Engineer was working with the Planning Department regarding the height requirements for the lights and the lighting requirements. He stated he was fairly certain that six light poles would be required rather than four. Brown explained the existing lighting system was very insufficient and was an issue for the City's insurance carrier. In response to another question, Brown stated this evening Council was only asked to consider the plans and specifications for bid; Council would be asked to consider the project, including the added costs for the two extra poles, at a future meeting. In response to a question from Councilmember Turgeon, Director Brown estimated that the lighting system was on 3 - 4 nights a week from 5 PM - 11 PM. The 5000-hour life span was normal. Woodruff moved, Wellens seconded, Approving RESOLUTION NO. 07-023, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the Badger Football Field Lighting Project, as Amended". Motion passed 5/0. SHOE WOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 14 of 15 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated SLMPD Chief Litsey wanted to address Council regarding future directions and trends for the SLMPD. Chief Litsey suggested a meeting date and time of Monday, April 16, 2007, at 5:30 P.M. Councilmember Woodruff stated he thought there was another meeting scheduled for that evening. Dawson stated Hennepin County was having the open book session for property valuations that same evening beginning at 5:00 PM, but that could be held in the conference room; the meetings were one-on-one meetings. Woodruff stated he planned on attending the County's open book session. Woodruff then stated the meeting with Chief Litsey could be scheduled for April 16, 2007. There was Council consensus to schedule the work session with SLMPD Chief Litsey for Monday, April 16,2007, at 5:30 PM. In response to a question from Councilmember Wellens, Administrator Dawson stated the purpose of the work session was to obtain feedback from Council regarding long-term directions for the SLMPD and to be updated on trends for law enforcement. Director Brown stated a 2008 Arctic Fever planning meeting was held on March 20, 2007. Director Brown stated the Amlee Road / Manitou Lane public information meeting held on March 22, 2007, was well attended. In response to a question from Councilmember Turgeon, Administrator Dawson stated that ServiceMaster had reviewed the effort required to restore the City-owned house to a habitable condition and the City was awaiting a quote to provide the services. He then stated the City had not received payment from Ascending Praise Church (APC) for past due rent and utility payments. APC Pastor Nyambu had not returned Dawson's calls. Councilmember Turgeon questioned if Council could direct Attorney Keane and Staff to initiate legal proceedings. Councilmember Callies recollected Council would discuss alternatives that could be taken to resolve the situation once it had received a bid from ServiceMaster, and she wanted to have the discussion. Turgeon and Woodruff wanted to continue with that discussion at this meeting. Callies stated Attorney Keane was not asked to come prepared to discuss alternatives, and she did not think it would be an issue to delay the discussion until Keane was prepared. Attorney Keane stated he would not be comfortable making a recommendation until he understood the full scope of the situation and the scope of effort, timetable, and cost to restore the house to a habitable condition. He then stated the City had an enforceable lease, and there were defaults under the lease as well as remedies to pursue under the lease. One alternative would be to pursue the sponsoring agency for costs associated with the default of the lease. If the threshold amount was less than $15,000, the City could pursue an expeditious remedy in small claims court. It the threshold was more than $15,000 and the City chose to seek a judgment, then the City could start a law suit. Councilmember Wellens stated he would prefer the City take action as soon as it received the bid from ServiceMaster. Keane explained that as soon as the City received the bid it could send a demand letter and assert its claim. Callies stated she was not prepared to take action that would direct Keane to start a law suit; she wanted to evaluate alternatives to addressing the situation. Councilmember Woodruff stated he was not prepared to have the SHOE WOOD CITY COUNTIL REGULAR MEETING March 26, 2007 Page 15 of 15 City start a law suit, but he would support sending a demand letter as soon as the restoration costs were received from ServiceMaster. Mayor Lizee stated that approach was consistent with previous Council discussions; Staff and Attorney Keane were more than capable of addressing that particular level of action. B. Mayor & City Council Mayor Lizee stated there was an emergency preparedness meeting scheduled for April 12, 2007 at Mound's public safety building. Councilmember Wellens stated that in a document from the State Auditor's office it was stated that cities did not have the implied authority to sponsor employee social events or to hold an annual employee appreciation dinner. Administrator Dawson explained that the City sponsored an apprecIatIOn event for individuals that volunteer their services to the City (in particular those on the various commissions and boards). The City Staff did have an employee pot-luck gathering during the holidays which all employees contributed to. In response to a question from Councilmember Wellens, Administrator Dawson explained the volunteers could technically be considered employees in terms of being protected in their actions. Wellens then stated if volunteers could be considered employees, then sponsoring an appreciation event for them could be in violation of the document from the Auditor's office. Dawson stated he and Attorney Keane were still in discussion regarding the matter. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the City Council Work Session Meeting of March 26,2007, at 8:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ~l~ Christine Lizee, Mayor