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042307 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 23, 2007 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens, and Woodruff; Administrator Dawson; Attorney Keane; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda / Mayor Lizee reviewed the agenda for the evening. Woodruff moved, Callies, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, March 26, 2007 Woodruff moved, Callies seconded, Approving the City Council Work Session Minutes of March 26,2007, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, April 9, 2007 Woodruff moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of April 9,2007, as presented. Motion passed 5/0. 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 (This item was moved to Item 9.C under GeneralINew Business.) B. Staffing - No action required C. City Clerk License Approvals - Tree Trimmer and Commercial Lawn Fertilizer Applicators SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 2 ofl1 D. Approve Plans, Specifications and Authorize Advertisement of Bids for Radio Read Water Meters (This item was moved to Item 9.D under GenerallNew Business.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR Elizabeth Van, 24710 Amlee Road, stated the public information meeting held on March 22, 2007, to discuss the Amlee Road and Manitou Lane reconstruction project, drainage issues, and considerations for the installation of City water service was good. She stated the property she and her husband owned was very affected by the proposed drainage system. She had received a proposal from the City requesting that she and her husband grant the City easements to two-thirds of their backyard and all of their property on the west side to use to help fix the drainage problems in the area. The City also proposed installing a retaining wall that would be installed close to the Van home. She stated that although they wanted the drainage problems resolved, they did not want to "lose" the amount of property that the City was requesting. She then stated that she and her husband would not agree to give the City the amount of land it requested. She found the proposal insulting. Mayor Lizee stated this item would be discussed under Item 10.B on the agenda. Director Nielsen clarified that the Planning Commission was not involved with this issue. Director Brown stated the discussions involved planning for the project, but it did not involve the Planning Commission. 5. REPORTS AND PRESENT A TIONS A. Recognition of former Planning Commissioner On behalf of the Council and the residents of Shorewood, Mayor Lizee thanked former Planning Commissioner Kevin Conley for his three years of service as a Planning Commissioner and provided him with a plaque of appreciation and recognition. Mr. Conley thanked the Council and the City for the opportunity. B. Recognition of Girl Scout Troop 2378 Mayor Lizee apologized for not requesting this item be added to the agenda earlier. Mayor Lizee stated members of Girl Scout Troop 2378, fifth graders from Minnewashta Elementary, were present this evening. Troup Leader Lindi Hensley was also present with the Scouts. Ms. Hensley stated she was one of three Troop leaders for Troup 2378; Sue Seagal and Mollie Johnson were the other two Troup leaders. Troup member Brooke Hensley stated the Troop members were present this evening to learn more about citizenship in the community, which supported their efforts to attain their Bronze award. She eXplained what had to be completed to earn the award. The Scouts each introduced themselves to Council. SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 3 of 11 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held April 10, 2007 Chair Davis reported on matters considered and actions taken at the April 10, 2007, Park Commission meeting (as detailed in the minutes of that meeting). She provided an update on the Music in the Park event. She stated she was meeting with the volunteer gardeners over the next ten days to determine what the individuals gardeners needs were. Mayor Lizee stated the Commission should inform Council of what the volunteer gardeners needed from Council to perform their volunteer gardening job. Councilmember Turgeon asked Chair Davis to let her know the date for the childrens' Music in the Park event so she could reserve the Southshore Center as a backup location for the event. 8. PLANNING - Report by Representative Chair Schmitt stated there had not been a Planning Commission meeting since the last regular Council meeting. He again highlighted the items considered at the April 3, 2007, Planning Commission study seSSIOn. In response to a comment from Councilmember Turgeon, Director Nielsen clarified that Planning District 6 did not extend to Tonka Bay; the County Road 19 Corridor Study did extend to Tonka Bay. A. Select Council Representative to Ad Hoc Committee - Review of Historic or Architecturally Significant Accessory Buildings Administrator Dawson stated Director Nielsen's document explained the City recently adopted an amendment to the City's Comprehensive Plan and to the City Code which were intended to provide a means of allowing property owners to preserve nonconforming buildings that may have historic, architectural or cultural value to the community. The Comprehensive Plan amendment specified that a special ad hoc committee, under the Planning Commission, should be created to review and comment on cases where exceptions to current standards were requested. The ad hoc committee makeup would consist of one Planning Commissioner, one Councilmember, one Park Commissioner and the Planning Director. Dawson stated the Committee was looking for a Council representative. Councilmember Woodruff volunteered to be a member of the ad hoc committee. Turgeon moved, Wellens seconded, Selecting Councilmember Woodruff to Represent Council on the Special Ad Hoc Committee. Motion passed 4/0/1 with Woodruff abstaining. 9. GENERAL/NEW BUSINESS A. Excelsior Fire District Capital Improvement Program SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 4 of 11 Administrator Dawson stated that Council considered the Excelsior Fire District's (EFD) 2007 - 2028 Capital Improvement Plan (CIP) at its April 9, 2007, City Council regular meeting. Council continued this item in order that the EFD could provide much additional detail about current and proposed technology for the District. He stated that Council had received a document from Chief Gerber to all the member cities dated April 12, 2007, which addressed the request (as detailed in the memorandum). Dawson then stated that the Excelsior, Greenwood, and Tonka Bay city councils had approved the proposed 2007 - 2028 CIP. The Deephaven city council first considered the proposed CIP at its April 2, 2007, meeting and continued the item to its April 16 meeting for reasons similar to those stated by Council. On April 16 the Deephaven City Council did not approve the proposed CIP; it did approve a CIP that would delete the $35,000 shown for technology in 2008, and have the total capital transfers (a.k.a. the cities' contributions) in 2008 at $155,000 rather than the proposed $170,000. He noted that according to the EFD Joint Powers Agreement (JPA), at least two-thirds (i.e., four out of the five) member cities must approve the CIP. Mayor Lizee stated Chief Gerber had attended the April 9, 2007, Council meeting to address Council's questions. He then provided Council with the additional detail requested regarding the proposed $35,000 for technology in 2008. Councilmember Turgeon stated she would like to receive additional information regarding a phase-in plan for technology replacements and improvements. She also would like to receive additional information regarding alternatives that could be considered for sharing technologies with the South Lake Minnetonka Police Department (SLMPD). She stated the costs for the printers and copiers specified in Chief Gerber's document were overwhelming. Councilmember Woodruff stated he had spoken with Chief Gerber twice regarding his document. He related that Chief Gerber stated that he had not prepared a detailed plan to support the proposed CIP expenditures for technology. Woodruff stated that a number of the existing computers would be adequate to use if additional memory was added to them, which was inexpensive. Woodruff then stated he had spoken with Jim Brand, the technology consultant the EFD had recently used, and also had been used by the SLMPD. Mr. Brand indicated he had not seen Chief Gerber's April 12,2007, document. Woodruff stated that after a lengthy discussion with Mr. Brand, he expressed confidence in Mr. Brand. He stated he thought there was a need for the EFD to prepare a five-year technology plan prior to approving a CIP. Woodruff went on to state that in a resolution the Deephaven city council had adopted, it stated there was a need for a technology plan, and in that resolution it did approved a CIP that would delete the $35,000 shown for technology in 2008 until a technology plan was prepared, and have the total capital transfers (a.k.a. the cities' contributions) in 2008 at $155,000 rather than the proposed $170,000 (as stated by Administrator Dawson previously). He recommended that Council take the same action as the Deephaven city council did. Councilmember Callies stated she agreed that a detailed technology replacement and improvement plan be prepared at some time. She questioned why Councilmember Woodruff had contacted a Deephaven councilmember with regard to the proposed CIP, but he had not chosen to contact a member of the Excelsior, Greenwood and Tonka Bay city councils which had approved the CIP. Callies stated she was concerned about the process that was used. The Council had received a proposed CIP that was recommended by the EFD Operating Committee and the EFD Board; the Board was responsible for oversight of the EFD operations. It appeared that the Council did not give credence to the Board's recommendation to approve the CIP. She acknowledged that it was each city council's right to ask questions about the CIP to better understand it. She questioned the rationale for having a Board if the SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 5 of 11 member cities councils were not going to place any value in the Board's recommendations. Callies then stated that although she agreed with a need for a longer-term technology plan, she did not think it was appropriate to remove all technology related funding from the CIP prior to approval. Councilmember Woodruff stated it was not his intent to eliminate technology funds from the CIP entirely; he wanted the opportunity to review a technology plan prior to including technology funds in a CIP. He thought his desires were consistent with those of the Deephaven city council. He also thought a technology plan could be prepared in 3 - 4 weeks. He stated he thought the timing of the CIP was unfortunate. Woodruff stated he was concerned that the EFD Board had recommended a CIP that had "fuzzy thinking which was evident when it was first presented". Councilmember Wellens stated the proposed CIP contained good projections for apparatus and equipment replacement. The same level of detail in projections were not included for technology. He questioned why previous CIP's had not included any funding for technology. He stated he would support approving the CIP if the $35,000 for technology funding was removed because there was not a technology plan. Mayor Lizee stated the EFD needed a working CIP. The EFD Board had identified a need to include funds in the 2007 - 2028 CIP for technology and to start reserving funds for capital maintenance and replacements in the two fire stations. From her vantage point, Chief Gerber provided Council with the information it requested with regard to technology detail to the best of his ability at this time. She was confident that in-depth technology planning would be done prior to the Board receiving any request to spend any funds. She could not support passing a CIP that did not include any funds for technology. Councilmember Turgeon stated she did not think the process was not being ignored; she thought it was being enhanced. She thought Mr. Brand could prepare a technology plan within three weeks. The city councils could then reconsider technology funding based on the plan that included future needs. She stated it would be short-sighted to approve the CIP without a long-range technology plan. She then stated she "looked" to the EFD Operating Committee and the EFD Board to assist the EFD Staff in preparing a more enhanced and long-range look at EFD operations. She also stated the technology issue should have been addressed earlier on in the process. She went on to state there was no need to rush the approval of the CIP; it was more important to ensure the CIP contained reasonable information. There was ensuing discussion regarding what should be changed on the CIP before Councilmembers Turgeon, Wellens and Woodruff would approve the CIP. Turgeon moved, Wellens seconded, Approving the Excelsior Fire District 2007 - 2008 Capital Equipment Plan as Amended to Remove the $35,000 for Technology in 2008 and to Reduce the Total Capital Transfers in 2008 to $155,000. Mayor Lizee clarified that there was Council consensus to reconsider technology funding in 2008 at a later date. Motion passed 3/2 with Callies and Lizee dissenting. B. Approval of SLMPD Supplemental Services for Excelsior Administrator Dawson explained that for several years the City of Excelsior had arranged with the South Lake Minnetonka Police Department (SLMPD) to provide seasonal park and dock patrol services. Those SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 6 of 11 discrete services had been provided at an additional cost to Excelsior. Excelsior proposed a reorganization and slight expansion of those services. The changes would result in an increase in the hours of service provided (three hours a week for fifteen weeks, or three percent more than in prior years) and an increase in the coverage area. Because the supplemental services were being expanded from what had previously been approved, the SLMPD Joint Powers Agreement (JP A) included a provision that required approval from the member cities. He noted that the SLMPD Coordinating Committee had determined that the SLMPD had the capability to provide the expanded service and recommended approval of the request. Woodruff moved, Turgeon seconded, Approving the South Lake Minnetonka Police Department's Provision of Supplemental Season Park and Dock Patrol Services to the City of Excelsior as Proposed. Motion passed 5/0. C. Approval of the Verified Claims List This item was removed from the consent agenda at Councilmember Turgeon's request. In response to a question from Councilmember Woodruff, Director Brown explained that check number 44483 to Xcel Energy for an amount of $4,551.17 was to cover the costs to repair a power pole that had damaged by a Public Works vehicle when it slid down an ice-covered street. The City would be reimbursed part of the costs by its insurance company. Councilmember Turgeon stated that it was brought to her attention that it appeared the policy for verification of claims by Council had been changed. It was her understanding that when Council approved the verified claims list it authorized the checks to be released. She stated that Council had been verifying checks that had already been released; and based on information in the League of Minnesota Cities publication, those actions would be in violation of a State Statute. She then stated that was of great concern to her. She stated she had been told many times that the process for Council approving the verified claims list allowed Council the opportunity to stop the release of a check pending further discussion. She requested Council have a discussion in the near future regarding her perceived change in policy that had not been approved by Council. She assumed that any check on the verified claims list with a check date of April 6th, 12t\ or 19th had already been released, and Council had not approved their release. She noted that she had provided Attorney Keane the information she found and asked him to research the matter. She stated she would be open to any suggestions regarding how the process could be modified so it would not be in violation of State Statute. Councilmember Callies stated she appreciated that Councilmember Turgeon brought her concern forward, and she would also like to increase her understanding of the process and State Statute. She stated that Councilmember Turgeon had made a statement that the City was acting illegally, and she may have implied there was some wrongdoing and possibly even suggested there may have been some underhanded behavior. She did not think that was appropriate in this setting. Councilmember Turgeon stated she did not mean to suggest there was underhanded behavior; but, she was concerned that there appeared to have been a change in the policy that she thought was being followed. She stated it was important the process allowed Council the opportunity to stop the release of a check if necessary. Councilmember Callies stated the tone of Council member Turgeon's voice suggested that Turgeon found there was something very improper going on; she did not think it was appropriate to leave that impression SHORE WOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 7 of 11 with those in attendance at the meeting or the viewing public until all the circumstances were understood. She did think the process should be discussed; but she did not think it was appropriate to "put Staff on the spot" during this setting. Callies then stated it appeared Turgeon had concerns about a few of the checks on the list and maybe those specific checks could be addressed at this time. Councilmember Callies stated she would like to continue the discussion of the process for approving verified claims to a future work session. Councilmember Turgeon stated it was not her intent to imply anything - she did not imply that any staff member was stealing money or that any activities were underhanded. She was only making a statement that it had come to her attention that the process she understood was supposed to be used for verifying claims was not the one that was being followed. That was why she asked Attorney Keane to offer his opinion on the process that was being followed to ensure it was not in violation of the State Statute. Council member Callies stated that it was past practice for Council to direct the City Attorney (or any consultant) to perform work on behalf of the City, it was not appropriate for an individual Councilmember to provide that direction on hislher own. She suggested Council discuss that item at a future meeting. Councilmember Turgeon clarified that she provided Attorney Keane with the information earlier this evening; and if Council did not want to have Attorney Keane to research the matter that was Council's prerogative. Mayor Lizee stated that as a point of process she asked that the topic be continued to a future meeting. She commented that Councilmember Turgeon had raised issues she was not aware of. Woodruff moved, Wellens seconded, asking the City Attorney to review the process for disbursing City funds to ensure compliance with State Statute. Councilmember Callies recommended that the topic of the process be discussed at a future meeting with Staff so Council could gain a better understanding of the process that was being followed prior to asking Attorney Keane to research the issue for a cost to the City. Councilmember Wellens stated that Keane's opinion would determine if the process being followed was in violation of State Statute. Callies stated she wanted to have an opportunity to understand the process that was being followed prior to engaging Keane's services; she would support Keane participating in the discussion. Mayor Lizee stated all questions for Keane should be forwarded to Administrator Dawson and he would send them to Keane. Woodruff moved, Callies seconded, continuing the discussion of the process for disbursing City funds to a May 14,2007, Work Session with Attorney Keane in Attendance to ensure the Process was in compliance with State Statute. Motion passed 5/0. Woodruff moved, Callies seconded, Approving the Verified Claims List as Presented. Motion passed 5/0. D. Approve Plans, Specifications and Authorize Advertisement of Bids for Radio Read Water Meters This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated he was confused by a couple of items in the advertisement for bids for the meter replacement and automated meter reading project document and in Director Brown's cover SHORE WOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 8 of 11 memo. His first area of confusion was the number of meters that would be replaced was not consistent in Brown's cover memo and the approximate number of meters to be replaced that was specified in the bid was again a different number. Brown explained that $210,000 for the automatic meter reading project was sold as part of the bonds. At that time it was thought that the majority of the meters could be replaced for that amount of money. Current pricing indicated that approximately 770 meters could be replaced for $210,000; the actual replacement numbers would depend on the bids received. Once the bid was selected Staff would prioritize which meters would be replaced as part of the project. He stated the bid would be changed to reflect that approximately 770 meters would be replaced as part of the project. Councilmember Woodruff stated there were inconsistencies with the completion date stated in the cover memo and the bid document. Director Brown stated the completion date was October 26, 2007, and the documents would be revised to reflect that date consistently. Councilmember Woodruff stated the number of training hours specified in the cover memo were not consistent with other training hours specified in the bid. He thought the training hours specified were high. Director Brown explained that there radio meter reading network and software training hours as well as user training hours for the hand-held equipment included in the bid. Based on the types of training Staff would receive, he did not think the identified training hours were high. Director Brown stated the bid would ensure the training hours specified would be consistent throughout the bid. Woodruff commented that there appeared to be instances when the use of part of a boiler-plate bid document was not conducive to a particular bid. Councilmember Callies suggested that Councilmember Woodruff provide Staff with his document which highlighted the inconsistencies in the bid in order to move the meeting along. Councilmember Wellens commented that Council was just authorizing an advertisement for bids at this time. Woodruff stated he wanted to ensure the advertisement for bids was correct. Councilmember Woodruff questioned what the savings would be from the project in relationship to the cost of the project. Director Brown explained that many of the meters had been installed over a twenty- year period. As the meters aged they also deteriorated and as a result the City lost substantial revenues from incorrect measuring capabilities. He then explained that it took significant personnel hours to manually read the meters today, there are liabilities from dog attacks, and residents that were not pleased with personnel coming on to their property. Mayor Lizee noted that the City used to contract out for meter reading services, and Public Works currently provided that meter read service manually. It was clarified that Council could decide not to do the project once bids were received because the return on investment would not be worth it. Wellens moved, Callies seconded, Adopting RESOLUTION NO. 07-030, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the Radio Read Meter Project, City Project 07-04." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for the Badger Field Lighting Project, City Project No. 06-07 SHORE WOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 9 of 11 Administrator Dawson stated bids for the Badger Field Lighting Project were opened and tabulated on April 18, 2007. Staff recommended the bids be accepted and the contract be awarded to Honda Electric Incorporated in the amount of $69,000. In response to a question from Councilmember Woodruff, Director Brown explained that the bid specifications were written such that a system other than the Musco Light-Structure Green System could be used provided the contractor submit information regarding the alternate system 10 days prior to bid. The Honda Electric bid proposed using the Musco System. Woodruff moved, Wellens seconded, Adopting RESOLUTION NO. 07-031, "A Resolution Accepting Bid and Awarding Contract for the Badger Field Lighting Project, City Project No. 06-07." Director Brown commented that Honda Electric had been a subcontractor on one of the City's lift station projects. Honda Electric had done four other projects using the Musco Lighting System. He stated that the $69,000 bid was lower than he would have expected, and he would not be surprised if the cost was more than that. He also stated he had talked to Vinco, who had not included the bid sheet in its submission, and it stated its bid would also have been mid-range of the bids received. Councilmember Callies questioned why only three of the vendors submitted bids. Director Brown explained that Staff chose to list potential bidders (plan holders or companies that took out plans on the project) on the tabulation sheet. Often times a plan holder may subcontract to the contractor on the project. Motion passed 5/0. B. Motion Ordering Feasibility Report for Amlee Roadl Manitou Lane Street Rehabilitation Project Administrator Dawson stated this item was for Council consideration to prepare a feasibility report for the Amlee Road and Manitou Lane reconstruction project. The feasibility report would state what the scope of the project might be. Council would later consider the scope at a public improvement hearing, and at that time Council would determine what the scope would actually be if it chose to proceed with the project. Engineer Landini stated Staff had conducted a public information meeting for the project on March 22, 2007, at which time it presented the roadway and the consideration for the installation of City water service. Staff provided survey sheets to each property owner regarding preferences to have City watermain installed along Amlee Road, Manitou Lane and Glen Road. Of the 48 surveys provided 30 responses were received. Landini explained that in order for watermain to be installed on Manitou Lane it would have to be installed on Glen Road; Glen Road was not included in the street reconstruction project. Councilmember Turgeon questioned if Staff considered including Glen Road in this reconstruction project. Director Brown stated based on his experience with the Wedgewood Drive, Mallard Lane and Teal Circle road reclamation project he would not recommend displacing that many people at the same time in order to include Glen Road in the project. He noted the issues there would be for residents trying to access their homes and to park their vehicles. He commented that Glen Road did need to be reconstructed, and if Council agreed to reconstruct Glen Road, he would recommend that be done in 2008 so that the residents would have a place to park during this project. Councilmember Turgeon stated residents could park at Manitou Park and at the Unitarian church. Brown stated he did not think it would be an option for residents to park at Manitou Park because Tonka Bay begrudgingly allowed that for a SHOREWOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 10 of 11 previous project. Turgeon stated if the reconstruction of Glen Road were done as a separate project the residents on Manitou Lane and Amlee Road would be displaced twice. Councilmember Wellens stated if Glen Road was not included in the Amlee Road and Manitou Lane reconstruction project and if Glen Road was done at a later date, then the residents would be impacted a second time. Director Brown stated that residents tolerate driving on gravel roads for a short period of time. Staff assumed that Amlee Road and Manitou Lane residents would probably park on Glen Road during the project. When the Glen Road reconstruction project happened the Glen Road residents would be able to park on Amlee Road or Manitou Lane. Councilmember Turgeon stated that the residents were complimentary of how the Wedgewood Drive, Mallard Lane and Teal Circle Road reclamation project was conducted and the communication of road closings. Director Brown stated the project was originally scheduled to start in July 2007. Based on some of the concerns residents had about granting the City easements, that start date could be delayed. Callies moved, Turgeon seconded, ordering a feasibility report for the Amlee Road and Manitou Lane Rehabilitation Project which would include Glen Road. Councilmember Wellens stated that the survey tabulation indicated that the 67% requirement of residents in support of City water was not met; if that requirement had been met a watermain installation project would automatically have been done as part of a road reclamation project. Mayor Lizee stated that Council could decide to proceed with watermain installation as part of a road reclamation project without a petition; and only a feasibility report was being considered at this time. Wellens stated because the 67% requirement was not met the City was not obligated to include watermain installation in the feasibility report. Councilmember Turgeon noted that for the Wedgewood Drive, Mallard Lane and Teal Circle Road reclamation project the 67% requirement was not met, yet watermain installation was included in the feasibility study for that project. Administrator Dawson stated it was Council's direction in 2006 to include watermain installation in a feasibility report for major road reclamation projects. Councilmember Woodruff stated that 31.257% of the residents stated they wanted City water; and he would support watermain installation being included in the feasibility report. Director Brown stated there would be additional cost incurred to include watermain installation in the feasibility report. Motion passed 5/0. Dave Gerton, 25110 Glen Road, stated if all of the "yes" and "maybe" survey respondents were included the 70% requirement would be close to being met (assuming the percent was based on the number of responses received). Councilmember Woodruff commented that the City's policy was based on the number of property owners surveyed. Elizabeth Van, 24710 Amlee Road, stated the drainage problem in that area significantly impacted her property. She had issue with the City's desire to obtain an easement for 7,333 square feet of her property to address the drainage issue. She stated she was pleased to hear the City wanted a feasibility report. She encouraged Staff to have a great deal of open communication with regard to this project. She stated she would prefer that Glen Road reconstruction be included in the project rather than do it at a future date. SHORE WOOD CITY COUNCIL REGULAR MEETING April 23, 2007 Page 11 of 11 Mayor Lizee commented that Council recognized that the City was a "wet City" and there were longstanding drainage issues in that area. She clarified that the action Council took this evening was with regard to a feasibility report only. Ms. Van questioned how the residents would find out about the results of a survey. Director Brown stated the results would be placed on the City's website as well as the feasibility report. With regard to the easements, Brown stated Staff would make themselves available to the residents to discuss their concerns. Brown stated he would try and have the feasibility report on Council meeting agenda in late May. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated there was an EFD Board work session scheduled for April 25, 2007, to hear a presentation about the Excelsior Firefighters Relief Association. The meeting would be worthwhile for Councilmembers to attend. Dawson then stated that the City would be in court on April 24, 2007, regarding the Upper Lake Minnetonka Yacht Club case. B. Mayor & City Council In response to a question from Councilmember Wellens, Administrator Dawson stated that preliminary 2006 audit information was very good and the draft of the audit could be expected in late Mayor early June. 12. ADJOURN Woodruff moved, Turgeon seconded, Adjourning the City Council Regular Meeting of April 23, 2007, at 8:47 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ~~ Christine Lizee, Mayor