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052907 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDAY, MAY 29, 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 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Administrator Dawson; Associate Attorney Mayeron; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 14,2007 Callies moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of May 14,2007, as presented. Motion passed 5/0. B. City Council Work Session Minutes, May 14,2007 Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of May 14,2007, 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 B. Staffing: 1. Public Works Temporary Seasonal Worker 2. Part-time Liquor Store Clerk (This was moved to Item 9.A under General/New Business) SHOREWOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 2 of 7 C. City Clerk's License Approvals 1. Adopting RESOLUTION NO. 07-033, "A Resolution Approving a Temporary 3.2 Percent 'On-Sale' Malt Liquor License - Excelsior Firefighters Relief Association." 2. Licenses to Sell Fireworks Products D. Adopting RESOLUTION NO. 07-034, "A Resolution Approving the Final Plat of R Bowman Third Addition", and Approving the Development Agreement for R Bowman Third Addition Planned Unit Development. E. Accept Proposal for Safety Services with Safe Assure F. Approving ORDINANCE NO. 436, "An Ordinance Enacting and Adopting the 2007 S-2 Supplement to the Code of Ordinances for the City of Shorewood Minnesota", and Approving RESOLUTION NO. 07-035, "The Official Summary of Ordinance 436". G. Authorize Expenditure of Funds to Clean the SE Area Water Tower (This was moved to Item 10.C under Engineering/Public Works) Administrator Dawson stated that Council had been provided with a correction to Item 3.D. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Mayor Lizee stated that the Amlee Road, Glen Road, and Manitou Lane Road Reconstruction and Water Main Improvements Project would be discussed at this evening's Council work session meeting with regard to the City's draft Capital Improvement Program (CIP) proposal. The CIP was a planning tool for specific improvements. There would not be any discussion related to the planning of the Project at the work session. 5. REPORTS AND PRESENTATIONS A. Dick Osgood, South Lake Excelsior Chamber of Commerce 4th of July Committee Chair, Request for Funding for the Lake Minnetonka 4th of July Celebration Administrator Dawson stated Dick Osgood, the Chair of the 4th of July Committee of the South Lake - Excelsior Chamber of Commerce, was present this evening to make an annual request for funds for the event. Mr. Osgood thanked the City for its support for this event in past years and for including information about the event in the Shore Report. He stated the event was very patriotic and family oriented. The day's activities started early in the morning with the firecracker race and ending in the evening with a fireworks display. Some of the other event activities were a childrens parade, a fishing contest for children, a concert for very young people, a sand castle building contest, performances by two bands in the afternoon, and a performance by the Minnesota Orchestra. SHORE WOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 3 of 7 Mr. Osgood stated that he was present this evening to ask the City to contribute funds that would help offset the costs for the event (e.g., public safety, permits, etc.). He then stated the City had contributed $2,200 for the event for the last few years, and the City's 2007 budget included $2,200 for the event. He challenged the City to increase its contribution to $2,500 this year. Woodruff moved, Wellens seconded, Authorizing $2,200 of Funding to the South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July Celebration Activities. CounciImember Turgeon questioned if Council would like to specify which programs or activities the contribution could be used for. Other Councilmembers did not think that was necessary. Motion passed 4/1 with Turgeon dissenting. 6. PUBLIC HEARING None. 7. PARKS A. Arctic Fever Report Director Brown highlighted the 2008 Arctic Fever planning meeting which had been held on May 15, 2007. The 2008 event would be held in conjunction with businesses in Excelsior. It was anticipated that the Excelsior Commons would be involved. All Arctic Fever activities that would occur in Shorewood would be held at Freeman Park. A musher dog sled team was one of the activities planned. Sponsor funding for a fifteen-minute long fireworks display was being sought. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the May 15, 2007, Planning Commission meeting (as detailed in the minutes of that meeting). A. Renewal of Conditional Use Permit for Storage Building Applicant: Our Savior Lutheran Church Location: 23290 State Highway 7 Director Nielsen stated that Our Savior Lutheran Church was located at 23290 State Highway 7. In late 2000 the Church was granted a conditional use permit (C.D.P.) to construct an addition on the east end of the building to be used as a community room and gymnasium. The plans also included a proposed storage building (garage) to be located at the northeast corner of the easterly parking lot. Although the community room addition was built following approval of the C.U.P., the storage building was not. Because conditional use permits expired if they were not used within one year, the Church had reapplied for a C.u.P. to build the structure. He noted the proposed structure measured 32 feet x 36 feet, which was somewhat larger than the original plan which was 24 feet x 32 feet. He explained that although the larger structure would result in the loss of one parking space, the Church had nine more spaces than what was required by the Zoning Code. He stated the proposed structure complied with City's zoning regulations. Nielsen stated that the Planning Commission had unanimously recommended approval of the C.U.P. SHORE WOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 4 of7 Commissioner Gagne commented that the increase in the structure size was necessary to accommodate a larger bus, which had been donated, than the Church had in 2000. In response to a question from Councilmember Turgeon, Director Nielsen stated the proposed structure complied with the 15-foot height restriction. In response to another question, Nielsen explained that he had done sound testing with regard to the Church's HV AC and the sound decibels were within PCA regulations. He commented that the HV AC did have an annoying pitch; but, neither the City's Code nor the PCA regulations addressed that issue. He stated there would be no change to the existing lighting, and that lighting was in compliance. Wellens moved, Callies seconded, Approving RESOLUTION NO. 07-036, "A Resolution Granting a Conditional Use Permit for the Construction of an Accessory Building at the Our Savior Lutheran Church." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Part-time Liquor Store Clerk This item was removed from the consent agenda at CounciImember Callies's request. Administrator Dawson explained the request for a part-time liquor clerk was needed to perform duties previously performed by one part-time liquor clerk, who had worked approximately ten hours per week, and some of the duties performed by the full-time assistant liquor operations manager position which was eliminated. Callies moved, Wellens seconded, approving the hiring of a part-time liquor clerk. Council member Woodruff asked if the revised 2007 Liquor Operations budget reflected the costs for the part-time position. Administrator Dawson responded that it did. Administrator Dawson clarified that the position would not receive any benefits nor would it be eligible for unemployment. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Radio Read Meters Administrator Dawson stated the bids for the Water Meter Replacement Project were opened and tabulated on May 23, 2007. Director Brown stated the City had received two bids. The low bid was placed by Northern Water Works Supply for an amount of $255,295.38; that company was considered a leader in the supply and installation of radio read water meters. This project was estimated at $210,000 within the $1,525,000 bond issue in 2005. Based on the recommendation from two councilmembers, Staff reviewed the bid and determined if the two-inch and three-inch diameter meters were omitted from the project, the revised amount for the project would be $223,331.21 (or a savings of $31 ,964.17). SHOREWOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 5 of7 Brown then stated there were bond proceeds available from the bonds issued for the building rehabilitation phase of the Amesbury Well project to cover the $13,331.21 difference between the original bonding amount and the modified bid. He explained that when that cost for that phase of the project was estimated, the estimate included funds to do more rehabilitation work than was ultimately needed. Brown went on to recommend awarding the contract as it was bid out, and Staff would then present Council with a change order that would eliminate the replacement of the 2-inch and 3-inch diameter meters. He noted that the larger diameter meters would eventually need to be replaced. Councilmember Callies stated the reasons for doing the project included safety and efficiency gains. If the larger-diameter meters were not replaced then there would stilI be safety concerns and inefficiencies with regard to manually reading those sixteen meters. Director Brown reviewed the reasons the meters needed to be replaced. There were efficiencies that would be achieved through the use of electronic meter reading technology. The liabilities from dog attacks would be reduced. The new meters would be more accurate; as meters aged they also deteriorated and as a result the City lost revenues from incorrect measuring capabilities. In response to a question from Councilmember Callies, Director Brown explained larger diameter meters were needed to handle significant water flows (e.g., for commercial accounts or for areas that had a large number of irrigation heads). He stated it would not be possible to replace an existing 2-inch diameter meter with a I-inch diameter meter. Council member Wellens commented that if the larger meters were on commercial sites, there would not be any issues related to dog attacks. Councilmember Callies stated that was not the only reason for replacing the meters, and eventually the sixteen larger meters would have to be replaced. Councilmember Wellens stated that the sixteen larger meters could be discussed further when the change order to eliminate them from the project was presented. Councilmember Woodruff stated the bid did not include the replacement of all the City's meters; and he applauded Staff finding a way to fund a bid which was higher than the amount of bond proceeds for the project. He commented that there would be other meters in addition to the sixteen meters that would also need to be replaced. Director Brown noted that the change order to eliminate the larger diameter meters would also include another small deduction. Wellens moved, Woodruff seconded, Approving RESOLUTION NO. 07-037, "A Resolution Accepting Bid and Awarding Contract for Water Meter Replacement Project, City Project No. 07- 04." Motion passed 5/0. B. Change Order for Badger Field Lighting Project Engineer Landini stated that Council awarded the contract for the Badger Field Lighting Project to Honda Electric at its April 23, 2007, meeting. The bid was awarded before the results of the soil boring logs were analyzed, to keep the project on schedule. The results of soil borings that were obtained confirmed that there was approximately 9 - 10 feet of clay-fill materials overlaying approximately 12 - 24 feet of organic solids. The initial recommendation from the soil engineer was to install piling for the SHOREWOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 6 of7 four light standards that had been proposed. An alternative of spread footings had then been proposed. The cost for the 6.4-foot spread footings for each pole would increase the project cost by $4,320.85. Wellens moved, Woodruff seconded, Approving RESOLUTION NO. 07-038, "A Resolution Approving a Change Order 1 for the Badger Field Lighting Project, City Project No. 06-07." Motion passed 5/0. C. Authorize Expenditure of Funds to Clean the SE Area Water Tower This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff suggested that the authorization of funds for the cleaning of the SE Area Water Tower be postponed until there had been discussion with regard to the 2007 - 2011 CIP. He stated that in 2006 the Council had delayed the rehabilitation of the Tower until 2008 or 2009. If the rehabilitation was to be done in 2008, he did not think it was a good use of funds to spend $4,000 to clean the Tower this year. If the rehabilitation was delayed until 2009 he would support doing minor work on the Tower this year. Councilmember Callies stated she had also wondered when the rehabilitation project would be done. She stated the Tower did not look very nice, and it was a matter of civic pride to improve its looks. From her vantage point, the Tower served as a gateway into the community. She stated residents of other cities had related to her that they thought the Tower looked "bad". In response to a question from Councilmember Callies, Director Brown stated that if the Tower were to be cleaned in 2007 it would result in a slight reduction in the costs (30% of the $4,000 cost for cleaning) for the rehabilitation project related to an initial cleaning; the Tower would still have to be power washed before it could be painted. He then stated that the Tower looked "tough". In 2006 he had received approximately fifteen calls with regard to the Tower's appearance. Woodruff moved, Turgeon seconded, Continuing the Authorization of the Expenditure of Funds to Clean the SE Area Water Tower to a July 9, 2007, City Council meeting. Councilmember Callies stated she did not want to continue this to a future meeting; she thought the project should be approved that night. Mayor Lizee stated the cleaning of the Tower had been discussed for a few years, and it continued to get delayed. She thought the cleaning should be approved that night. In response to a question from Councilmember Woodruff, Director Brown stated if Council authorized the funds six weeks from now the cleaning could still be accomplished in 2007. Councilmember Turgeon stated she did not think it was appropriate to authorize funds for cleaning the Tower in 2007, if the Tower were to be rehabilitated in 2008. Motion passed 4/1 with Lizee dissenting. SHORE WOOD CITY COUNTIL REGULAR MEETING May 23, 2007 Page 7 of7 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Report on Spring Clean-up Director Brown stated that approximately one-third the number of the appliances collected during previous spring clean-up days were collected this year. The amount of electronic refuse had increased substantially over previous years. He then stated that he would provide Council with the statistical information about this year's spring clean-up day at a future meeting. B. Mayor & City Council Councilmember Woodruff reported on a Lake Minnetonka Communications Commission (LMCC) full committee meeting he had attended. He stated the LMCC was conducting a review of its Joint Powers Agreement and would also conduct a review of its by-laws. He explained that committee had grown, but what constituted a quorum remained the same. Changes would be considered to the LMCC's calendar for budgeting. The LMCC's Executive Committee's authority was also under review. Councilmember Turgeon suggested Council schedule Administrator Dawson's informal mid-term performance review for sometime in July. She stated she would send Council the list of the eight criteria that would be used for discussion. There was consensus to schedule both the Council's preliminary discussion and the informal review for July 23,2007. Mayor Lizee stated she attended a State of the Waters Summit on May 24, 2007. The meeting was attended by various officials and city administrators from the fourteen Lake Minnetonka area cities; officials form the Minnesota House and Senate; and representatives from the Lake Minnetonka Conservation District, the Three Rivers Park District, the Lake Minnetonka Association and the Minnehaha Creek Watershed District. Administrator Dawson stated there was an EFD work session scheduled for May 30, 2007, to discuss a very preliminary 2008 EFD Operating Budget. 12. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Work Session Meeting of May 29,2007, at 7:50 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder o\w~ Christine Lizee, Mayor