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021108 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 11, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Lizee; Councihnembers Turgeon, Wellens and Woodruff; Attorney Keane; Administrator Dawson; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Mayor Lizee requested Item 12, Executive Session, be added to the agenda. Wellens moved, Woodruff seconded, Approving the Agenda as Amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 28, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of January 28, 2008, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 28, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of January 28, 2008, as presented. Motion passed 4/0. C. City Council Special Meeting Minutes, February 1, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of February 1, 2008, as Amended in Item 1.B, sentence 1, change "Motion passed 5/0." to "Motion passed 4/0.". Motion passed 4/0. 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 SHOREWOOD CITY COUNTIL REGULAR MEETING February 11, 2008 Page 2 of 7 B. Staffing C. Intent to Extend Agreement with Hennepin County for Assessment Services Motion passed 4/0. 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 Director Brown stated there had not been a Park Commission meeting since the last City Council regular meeting. 8. PLANNING Commissioner Geng stated there had not been a Planning Commission meeting since the last City Council regular meeting. 9. GENERAL/NEW BUSINESS A. Making the Lake Minnetonka Conservation District (LMCD) Board Representative Appointment Turgeon moved, Wellens seconded, Approving RESOLUTION NO. 08-012, "A Resolution Making the Appointment of Richard Siakel to the Lake Minnetonka Conservation District effective February 11, 2008, through January 31, 2009." Motion passed 4/0. B. Park Commission Appointments Administrator Dawson stated Council had the opportunity to interview four applicants for the three openings on the Park Commission at a special meeting preceding this meeting. He also stated the Park Commission would be considering a recommendation to reduce the Commission to five members from seven members. Council could consider that recommendation at its February 25, 2008, meeting and postpone the appointments until that meeting. Mayor Lizee stated Council had discussed that possibility at the special meeting immediately preceding this meeting. Council thought that a membership of up to seven members had served the City well in the past, and by continuing with seven member Commission it would be more likely there would be a quorum in attendance at the meetings. SHOREWOOD CITY COUNTIL REGULAR MEETING February 11, 2008 Page 3 of 7 Turgeon moved, Woodruff seconded, Approving RESOLUTUION NO. 08-013, "A Resolution Making the Appointments of Jeremy Norman and Steve Quinlan (both effective February 11, 2008, through February 28, 2011), and Travis DeMers (effective February 11, 2008, through February 28, 2010) to the City of Shorewood Park Commission." Motion passed 4/0. C. Policy for Public Purpose Expenditures for Employee Recognition, etc. Administrator Dawson stated at its January 28, 2008, work session Council discussed a draft of policies for employee recognition and other public purposes; the policies had been adapted from policies of the City of Minnetonka. During the discussion Council asked that two items be added for permitted expenditures. The statement "Refreshments (e.g., coffee or water services) made available for City employees and guests, visitors, and others conducting business with the City for productivity and hospitality." was added to Item I .A, Permitted Expenditures. The statement "Enhancing or ensuring the safety of the public and City employees while using public facilities (e.g., centralized hot water for coffee, tea)." was added to Item 2.A, Other Permitted Expenditures. Dawson then stated Staff recommended Council approve the Policy regarding Employee Recognition and Public Purpose Expenditures. Mayor Lizee noted Council had discussed the policies at great length in previous meetings. Woodruff moved, Turgeon seconded, approving the Policy regarding Employee Recognition and Public Purpose Expenditures. Councilmember Wellens stated from his vantage point the policy was too broad for payment of meals, refreshments, prizes, awards, and flowers at the taxpayers' expense. He clarified that the policy was not stating that was what the City was going to do; but, the policy did make it possible. Councilmember Turgeon questioned if Councilmember Wellens would prefer the Policy be monitored for the next year and then reconsider the Policy if the situation warranted that. Wellens stated the Council could always reconsider a policy. Mayor Lizee stated the City had been frugal in the past, and it had adhered to an unwritten policy very similar to the written policy before Council this evening. The reason for drafting the policy was there had been questions from a Councilmember or two regarding City expenditures. Motion passed 3/1 with Wellens dissenting. 10. ENGINEERING/PUBLIC WORKS A. Approving Change Orders No.'s 1 and 2 for the Chanhassen/Woodhaven Interconnection Project, City Project OS-11 Administrator Dawson commented that Items I O.A, 10.B, and I O.C were all related to the same project. Engineer Landini explained that on February 13, 2007 the City entered into a contract with G. L. Contracting, Inc. to interconnect the Chanhassen water system and the Woodhaven Well. The project was completed during the 2007 construction season. The original contract was for $137,739.70. The project SHOREWOOD CITY COUNTIL REGULAR MEETING February 11, 2008 Page 4 of 7 had two change orders totaling $12,822.08 which resulted in a change to the contract to an amount of $150,561.78. The 2007 Adopted Annual Operating Budget listed a budget of $185,000 for the project. Landini then explained what the two field changes were. Change Order No. 1 (for an amount of $10,791.93) was for an increased depth at a hydrant lead and reconnecting the water service to 6100 Apple Road. The hydrant had to be relocated to avoid a gas utility conflict; the new hydrant location was deeper and it required an extension to connect to the water main. The water service to 61.00 Apple Road was disconnected and relocated to provide an additional service for a potential lot split. Change Order No. 2 (for an amount of $2,030.15) was for bituminous repairs at the water service connection. During the relocation of the service, the road was excavated, requiring bituminous repairs. Woodruff moved, Wellens seconded, Approving RESOLUTION NO. 08-014, "A Resolution Approving Change Order 1 for the Chanhassen /Woodhaven Interconnection Project; City Project #OS-11." Woodruff moved, Wellens seconded, Approving RESOLUTION NO. 08-015, "A Resolution Approving Change Order 2 for the Chanhassen /Woodhaven Interconnection Project; City Project #OS-11." Councilmember Woodruff stated he and Director Brown had discussed the possibility of using the unspent funds (approximately $34,000) from the project for additional work on the Radio Read Meter Project. He suggested Council give Staff direction to complete the Radio Read Meter project and use a portion or all of the unspent funds for that effort. Councilmember Turgeon questioned if that was a high priority project, and if it was not should the funds be used for a higher priority project. Woodruff commented that the Radio Read Meter Project was not completed because of lack of funds; therefore, he thought it was a high priority project. Mayor Lizee questioned if the procedure should be to transfer the unspent funds to the Water Fund and then re-appropriate the funds for the Radio Read Meter Project. Brown noted that based on the dollars that were bonded for the Radio Read Meter Project and the fact that the actual costs were lower than what was anticipated, there were unspent project funds that could also be used. Brown suggested Staff determine what additional work could be completed on that project by using the Radio Read Meter Project unspent funds combined with Chanhassen /Woodhaven Well Interconnect Project unspent fiuids. Motions passed 4/0. B. Accepting Final Improvements and Authorizing Final Payment for the Chanhassen/ Woodhaven Interconnection Project, City Project OS-11 Wellens moved, Turgeon seconded, Approving RESOLUTION NO. 08-016, "A Resolution Accepting Final improvements and Authorizing Final Payment for the Chanhassen /Woodhaven Interconnection Project; City Project #OS-11." In response to a comment from Councilmember Turgeon, Engineer Landini explained the overall project cost was decreased by $7,095.88 from the amended contract amount of $150,561.78 which resulted in a final payment due of $143,465.90. Motion passed 4/0. SHOREWOOD CITY COUNCIL REGULAR MEETING February 11, 2008 Page 5 of 7 C. Accepting Proposal for Professional Services for the Abandonment of Woodhaven Well and Appurtenant Structure Engineer Landini explained that with the interconnection of the City's water system with the City of Chanhassen's water system completed, the Woodhaven Well and appurtenant equipment were no longer needed. The City had identified the abandonment of the well and building as a goal for 2008 with a forecasted completion date of June 15, 2008. Landini stated WSB & Associates had submitted a proposal for an amount of $5,200 for plans and specifications for abandoning the well and appurtenant equipment. If approved, that effort would be funded out of the Water Fund. The 2008 Adopted Annual Operating Budget allowed for $8,000 for yearly engineering and $18,000 to abandon the well and appurtenant equipment. Landini then stated Staff recommended approving the proposal provided by WSB & Associates, Inc., for the abandonment of the Woodhaven Well and appurtenant structure. Wellens moved, Turgeon seconded, accepting the proposal provided by WSB & Associates, Inc., for abandonment of the Woodhaven Well and Appurtenant Structure for an amount not to exceed $5,200. Councilmember Woodruff stated he had discussed this request with Director Brown. Staff was proposing WSB & Associates do the project planning and some of the supervisory work for the project. He then stated from his vantage point the City Engineer should be able to do a fair amount of the work that WSB & Associates was proposing to do. He went on to state he thought the City should have solicited quotes from other engineering firms. This project was a standalone project; it was not linked to a lot of previous work where history was important. He thought the City should make an effort to determine if other firms were as competitive or even more competitive than WSB & Associates on future projects to ensure the City was receiving the best value for its money. Councilmember Turgeon stated she did not disagree with Councilmember Woodruff's comments. Her concern was with the timetable for completion of June 15, 2008. Council would have to approve the proposal this evening, as the proposed completion date was dependent on obtaining approval by February 15, 2008. Turgeon would agree that in the future the City should solicit quotes from other firms for standalone projects. Councilmember Woodruff stated the deadline was self imposed. Mayor Lizee noted that WSB & Associates had worked with the City for a long time and it had a long history and positive working relationship with the City. Motion passed 3/1 with Woodruff dissenting 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated a common question this time of year was how long the City would have its ice rinks remain open. Director Brown stated because of the recent cold weather Staff did not think it was necessary to close the rinks on February 14 (which was frequently the case). Administrator Dawson stated that the Excelsior Fire District Governing Board had selected Boardmember Crockett to be Chair and Boardmember Hill to be Vice-Chair for 2008. He also stated the SHOREWOOD CITY COUNTIL REGULAR MEETING February 11,2008 Page 6 of 7 City had received one application for the Ward 3 council seat and one application for the Planning Commission to date. B. Mayor & City Council Mayor Lizee stated there had been a South Lake Minnetonka Police Department Coordinating Committee meeting and Strategic Planning meeting held on January 30, 2008. She then reviewed the Strategic Goals the SLMPD staff had identified. - Establish a capital fund for the long-term care and maintenance of the public safety facility. - Establish a timetable for phasing in additional police officers earmarked for the patrol division. - Increase the overtime budget so that manpower issues due to training, illness, injured on duty, time off requests, etc. can be more readily accommodated in the work schedule. - Maintain pace with changing technology. Have a sufficient fund balance available to upgrade, replace and add new technologies. Lizee stated there was an IS-700 National Incident Management System (NIMS) training course scheduled February 27, 2008, from 6:30 P.M. - 9:00 P.M. at Station 1. She encouraged all of the Councilmembers to attend. Mayor Lizee recessed the meeting to an Executive Meeting at 7:25 P.M. 12. EXECUTIVE SESSION Mayor Lizee began the executive session at 7:32 P.M. All Councilmembers were present, as were Administrator Dawson, Attorney Keane, and Beth Papacek. The purpose of the meeting was for confidential attorney-client communications regarding the termination of employment of the City Administrator. The Executive Session was concluded at 7:44 P.M. Mayor Lizee reconvened the regular meeting at 7:45 P.M. Lizee announced that the Council had discussed an agreement regarding the separation of employment of the City Administrator. Woodruff moved, Wellens seconded, to approve the terms of the separation agreement with the City Administrator and to authorize the Mayor to execute it on behalf of the Council. Motion passed 4/0. SHOREWOOD CITY COUNTIL REGULAR MEETING February 11,2008 Page 7 of 7 13. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of February 11, 2008, at 9:08 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Wit. ~~ ` . ' ~ ,p g Christine Lizee, Mayor ATTEST: cting City Administrator/Clerk