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042808 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, 28 APRIL, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens, and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; and Engineer Landini Absent: None B. Review Agenda Mayor Lizee requested Item 9.B, Discussion of Change of Date for the First City Council Regular Meeting in May 2008, be added to the agenda. Wellens moved, Woodruff seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council /Planning Commission Joint Meeting Minutes, April 14, 2008 Woodruff moved, Turgeon seconded, Approving the City Council and Planning Commission Joint Meeting Minutes of April 14, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, April 14, 2008 Woodruff moved, Bailey seconded, Approving the City Council Regular Meeting Minutes of Apri128, 2008, 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. City Clerk License List -Tree Trimmer and Commercial Lawn Fertilizer Applicators SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 2 of 15 C. Approval of Request for the Wells Fargo Lake Minnetonka Half Marathon to traverse the City on Sunday, May 4, 2008 D. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach (This was moved to Item 9.C under General/New Business.) E. Approval of the Spring Clean-up Contract for Services F. Accept Plans and Specifications and Authorize Advertisement for Bids for 2008 Sealcoating of Streets, City Project 08-02 (This was moved to Item 9.D under General/New Business.) G. Authorize Expenditure of Funds for City Code Book Update (This was moved to Item 9.E under General/New Business.) Councilmember Wellens stated that for certain events, such as the Wells Fargo Half Marathon, the participants used public roadways (e.g. Hennepin County Road 19) rather than the public trails and was puzzled about this choice. Mayor Lizee stated that perhaps that was one of the reasons the cities of Shorewood, Tonka Bay and Orono and Hennepin County were considering a trail along County Road 19. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Linda Murrell, Director of the South Lake Excelsior Chamber of Commerce, Request for Funding for the Lake Minnetonka 4th of July Celebration Chair Lizee stated Linda Murrell, Director of the South Lake-Excelsior Chamber of Commerce, was present this evening to make an annual request for funds for the Lake Minnetonka 4`" of July Celebration. Acting Administrator Brown stated that the City traditionally had contributed funds for the event. He noted the 2008 Operating Budget included $2,200 for the event. Ms. Murrell stated this year's celebration would again be an ambitious, patriotic, and family oriented event. The day's activities included a firecracker race, fireworks display, children's parade, a sandcastle building contest, a fishing contest, popular bands from the Twin Cities area, and a performance by the Minnesota Orchestra. Organizers were trying to anticipate what the impact of higher gas prices would be; they questioned if there would be more people in attendance because they would not go boating. Ms. Murrell stated the second annual Feed the Fireworks fundraiser would be held on Monday June 2, 2008, at area restaurants. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 3 of 15 Ms. Murrell stated that she 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.). The cities of Excelsior, Deephaven, and Tonka Bay had already agreed to make a contribution and Greenwood would consider the request at its next City Council meeting. Mayor Lizee stated the event had been along-standing community event, attended from residents of the South Lake area and other Lake Minnetonka communities, as well as by people from outside the Lake area. She noted the fireworks in Excelsior were the only public fireworks on Lake Minnetonka. She stated volunteers from throughout the community helped at the event; she had been a volunteer for many years. She commented the City's most recent newsletter mentioned the need for donations for the fireworks display and recommended the City continue with its support for the event. Councilmember Wellens noted if the contribution was approved the City would contribute $2,200. Excelsior had agreed to contribute $2,000, Deephaven had agreed to contribute $1,200, Tonka Bay had agreed to contribute $1,100, and Greenwood would consider a request to contribute $1,200 at its next City Council meeting. Wellens moved, Woodruff seconded, Authorizing $2,200 of Funding to the South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July Celebration Activities. Motion passed 5/0. 6. PUBLIC HEARING None. 7. PARKS Acting Administrator/ Public Works Director Brown stated there had not been a Park Commission meeting since the last City Council regular meeting. 8. PLANNING -Report by Representative Commissioner Gagne reported on matters considered and actions taken at the April 15, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit for City Hall Building Addition Applicant: City of Shorewood Location: 5755 Country Club Road Acting Administrator Brown stated the City had selected Collaborative Design Group, an architectural firm, to prepare plans for the renovation of the Shorewood City Hall building, located at 5755 Country Club Road. The building was constructed in 1981 and it was expanded to its current size during the mid 1980s. The building was located on the 9.86-acre Badger Field complex which was zoned R-1C, Single-Family Residential. The City proposed adding approximately 1236 square feet of new space as part of a renovation project. Because governmental buildings were conditional uses in residential districts, the City had requested a revision to its current conditional use permit (C.U.P.) for the project. A public hearing was held on April 15, 2008, on the request. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 4 of 15 Brown explained the existing structure contained approximately 5046 square feet of floor area, not including the basement area. The basement area was not ADA (Americans with Disabilities Act) accessible, and it was currently used for dead storage. That usage would remain the same after the renovation. The proposed renovation would include a 12-foot by 35-foot extension on the rear of the building and a 24-foot by 34-foot extension on the north side of the building. The extension on the north side of the building would allow for the Council Chambers to remain on site. A new entry would also be added on the north side. Brown reviewed how the proposed renovation would comply with the conditions set forth in Section 1201.11 Subd. 4. of the City's Zoning Code for a governmental building in a residential zoning district. 1. The property was relatively well screened and landscaped where it abutted residential uses. The thick vegetation located south. of the building should be preserved during construction. While the west elevation did not abut a residential use, it did face the street. Therefore, landscaping should be done on the west side of the building to soften and break up the mass of the structure. 2. The project was considered to be consistent with the Shorewood Comprehensive Plan. The Badger Field property was designated for public use. The City Hall building, including its proposed expansion was not incompatible with surrounding uses. In fact the office use of the property served as a transition between the commercial areas to the north and west and to the residential areas to the south and east. 4. The existence of City Hall had not depreciated the value of the surrounding area. The proposed renovation, including the expansion, would have no adverse impact on City services (i.e. utilities, police or fire). Brown noted that the Planning Commission unanimously recommended approval of the revision to the City's current conditional use permit for the City Hall building for a renovation project, subject to a landscape plan being developed for the west side of the building. Turgeon moved, Bailey seconded, Adopting RESOLUTION NO. 08-031, "A Resolution Granting a Conditional Use Permit for the Renovation and Addition to the Shorewood City Hall." Mayor Lizee stated at a Council work session held just prior to this meeting she had added an item to the agenda to discuss funding for the City Hall renovation project. Due to a lack of time that item was not discussed; therefore, she would like that discussion to occur at this time. She explained the City held a public hearing on this request on April I5, 2008. The hearing was noticed to the City's residents through the City's official newspapers and the ShoReport; no residents came to the public hearing. On April 12, 2008, the City held an open house on the proposed renovation; three residents and one non-resident came to the open house. She stated she had concerns about financing the renovation; the current estimated cost for the renovation ranged from $850,000 to $925,000. She questioned if that would be the best use of the City's funds and/or financing opportunities given the economy. She recommended Council have more discussion about financing the renovation, and the impact financing the renovation would have on addressing other needs of the City. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 5 of 15 Councilmember Turgeon commented that the Council agreed to have the City's bond consultant discuss bond financing options at a future work session. Mayor Lizee stated the renovation project was a major project and City Hall was "the face" of the City. She agreed there were some aspects of the building that were inadequate and the building needed to be updated. She thought it would be prudent to discuss financing for the project, and the impact it would have on the City's budgets. Councilmember Bailey questioned if financing was Mayor Lizee's only concern about the renovation project. Mayor Lizee stated she had reservations about spending close to $1 million dollars to renovate a structure built in 1981. She had concerns that the drainage issues around the structure would not be completely eliminated, although they would likely be mitigated by excavating around three sides of the structure and reestablishing the drain the along with some granular fill to help take water away from the structure. Councilmember Woodruff stated from his vantage point Mayor Lizee had made her feelings perfectly clear by opposing the proposed renovation project in the past. He then stated the architect had provided updates on the proposed renovation project to the Council at two work sessions. He went on to state the City held the open house at Lizee's request and it was poorly attended by the public; and, no one attended the public hearing the City held. He also stated the Council would have the opportunity to have a discussion about issuing bonds to finance the renovation effort at a future work session. Woodruff stated as a point of order he wanted to call for a vote. Motion passed 4/1 with Lizee dissenting. B. Conditional Use Permit Amendment Applicant: Minnetonka School District #276 Location: Minnewashta Elementary - 26350 Smithtown Road Acting Administrator Brown stated INSPEC, a consulting engineering firm representing the Minnetonka School District, had submitted plans for atwo-phase expansion of the Minnewashta Elementary School, located at 26350 Smithtown Road. The school property was located in the R-lA, Single-Family Residential zoning district and contained approximately 21.37 acres of land. Because schools were conditional uses in residential districts, the District had requested a revised conditional use permit (C.U.P.) for the first phase of its expansion project. Brown explained the first phase of the project would add approximately 3000 square feet of space to the existing building for two new classrooms on the southwest corner of the building and some of the existing entry courtyard area would be enclosed to accommodate various administrative functions. The second phase of the project would add 19,500 square feet space for six new classrooms on the west side of the building and a new gymnasium on the north side of the building. The current building contained 74,700 square feet of area. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 6 of 15 Brown noted that a public hearing was held on this request on April 1, 2008, and it was continued to April I5, 2008, for further discussion.. With regard to the front parking lot which was proposed for total redesign, Brown explained the initial plan did not conform to the City's Zoning Code requirements. The applicant had redesigned the parking lot to comply with the dimensional requirements set forth in the Code. The revised plan for the parking lot would accommodate an 8-foot by 33-foot ladder fire truck as requested by Excelsior Fire District Fire Inspector Berglund. The revised plan also showed the driveway entries had been widened to 20 feet to meet Fire Code requirements. The revised plan proposed restricting the northernmost 11 parking spaces to no parking during morning student drop-off and afternoon student pick-up times. The revised front parking lot plan would result in increasing the number of parking spaces to 42 (including those in the 11-space drop-off are) from 26. Brown stated after the April 1, 2008, public hearing the applicant had submitted a special event parking plan which proposed to use the angled bus parking area more efficiently. On the west parking lot the District was anticipating having multi-colored striping plans which would be well posted. It would be difficult to have multiple striping plans for the overflow parking area because of the playground area; that area would require very strict supervision. The multi-colored striping plans on the west parking lot would account for the addition of 62 parking spaces; those were in addition to the spaces added in the front parking lot. Brown stated the Planning Commission unanimously recommended approval of a conditional use permit for the Phase 1 expansion of the Minnewashta Elementary School, subject to the applicant submitting a detailed written parking lot management plan that would be acceptable to the City and to the Excelsior Fire District. Brown noted that Councilmember Turgeon had previously stated there were still a number of issues that had to be addressed. She stated a detailed written parking lot management plan must be submitted; the plan must address the overflow parking area as well as the regular parking area. Brown commented that during the Planning Commission's discussions on this request it was noted that people knowingly parked underneath no-parking signs on Smithtown Road. He stated representatives from the District stated the District would provide parking lot supervision for School special events; Staff had had requested the District provide the City with a calendar of the School's special events. He then stated Staff recommended the detailed written parking management plan be monitored for at least one full school year before any consideration would be given for the Phase 2 expansion Brown stated the School District requested Council approve the Phase 1 expansion this evening; if the District did not start t}~e construction effort within the next few days the renovation would not be completed by the start of school in the fall of 2008. He then stated Staff recommended the request be approved this evening. The City had control points such as the certificate of occupancy and inspection notices which the City could use as leverage to ensure an acceptable detailed parking lot management plan was submitted; that plan was somewhat independent of allowing the expansion construction to proceed. Commissioner Gagne stated the most significant issue for the Planning Commission was the parking on driveway on the west side of the building. During large events, primarily non-school sporting events, cars would be parked on both sides of the road to the point where a single car, let alone an emergency vehicle, could not get through. The applicant stated it would post both sides of that road "Fire Lane - No Parking". The Commission had discussed the problem with people parking directly SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 7 of 15 under no-parking signs. The Commission also discussed the possibility of the District acquiring additional property to help solve its parking constraints; it did not think it would be right to lose the children's play area. Councilmember Wellens stated parking was noted as an area of concern when the School District added on to the building in 1999. At that time the District stated it would make sure the gate to the overflow parking area would be opened for special events and people were on-site to direct traffic to that area. Staff was not sure that was happening, and if it was, Staff was not sure if it was effective. Wellens then said he had approximately twenty-three reasons the request should be denied based on conversations the Planning Commission had about the request. Some of the reasons were as follows. - Amulti-colored striping plan could be confusing. - The possible use of an early notification system with the local police department where the police department would go to the area prior to those very large events and bag the "Fire Lane - No Parking" signs and it would allow the public to park on the streets. - The 15-minute window during the student drop-off and pick-up times when parking was very congested. - Situations where cars were double parked next to the bank on the west side of the property. - The need for public education on parking regulations. - Changing the driveway on the west side of the building to restrict both sides of the driveway to "Fire Lane - No Parking", and the need for a Fire Inspector to issue violation tickets. Police and fire resources should not spend their time ticketing parking violators; they had other priorities. - A detailed parking management plan would have no use if it wasn't enforced. - There were parking related issues for non-school events which the District needed to address. - Towing companies often required payment up-front; that burden should not fall on the City. - Who had legal authority to boot private vehicles needed to be determined. - If cars were booted they could be locked in a fire lane. - The detailed parking management plan had not been submitted. - The current student drop-off area would be eliminated. - There were drainage issues that were not addressed. - The City would be responsible if there was an emergency during a time when there was serious traffic congestion. Wellens went on to state the April 1, 2008, Staff memo stated "Although the new plan includes a substantial increase in the number of spaces, the increase was apparently accomplished by `miniaturizing' the parking lot." He questioned if the School District's intentions were honorable. He stated he would not rely on withholding a certificate of occupancy as leverage to get an acceptable parking lot management plan. That action could reflect poorly on the City. Councilmember Turgeon stated she shared many of Councilmember Wellens's concerns. She then stated she was not in support of withholding a certificate of occupancy as leverage; that was too late in the process. She stated many of the issues identified had been issues for a very long time and said she had requested statistics on the number of parking violation tickets issued. She explained the approval SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 8 of 15 of the C.U.P. was contingent upon the applicant submitting a detailed parking lot management plan for review and approval by Council by May 31, 2008; the resolution did not specify what would happen if the plan was not submitted on time. She commented some of the issues were identified prior to the April 1, 2008, public hearing and they should have been addressed by now. She then stated she was not comfortable approving the request at this time. Councilmember Bailey stated he spoke with Director Nielsen, who indicated the Phase 1 expansion would not exacerbate the parking issues, but would actually help the situation. He indicated he shared the frustration with the parking management situation, but did not think it was wise to deny a request just to send a message. He explained the City had a great deal of control over a possible Phase 2 expansion, and the School District had an opportunity to demonstrate good faith. He stated he would support granting the C.U.P. Councilmember Woodruff stated he had been the Council liaison at the April 15, 2008, Planning Commission meeting. He also expressed concerns about the parking. He said he could consider granting the C.U.P. if the resolution was modified to include a stipulation that if a detailed parking management plan was not submitted by May 31, 2008, a stop work order would be issued for the expansion. Councilmember Turgeon stated she could support adopting an amended resolution. Attorney Keane stated the City could take that action provided it was clearly understood before the District started construction efforts. In response to a question from Councilmember Bailey, Mike Condon (the Supervisor for Buildings and Grounds for the Minnetonka School District) said the School District clearly understood the stop work order stipulation. Engineer Landini explained the enlarged NURP pond would accommodate the additional storm water runoff resulting from both the Phase 1 and Phase 2 expansions as well as the relocation of the driveway; the increased size for pond included a significant factor for safety. Councilmember Turgeon requested a copy of the School's calendar of special events be sent to the SLMPD as well. as the City. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-032, "A Resolution Granting a Conditional Use Permit for the Expansion of Minnewashta Elementary School" as amended to include a stipulation stating if a detailed parking management plan was not submitted by May 31, 2008, a stop work order would be issued, and subject to sending a copy of the School's calendar of special events to the South Lake Minnetonka Police Department. Mayor Lizee stated she had lived west of the School for the last 20 years and she had children who had attended the School; she was very aware of the parking and traffic issues. She noted the area had a very large student population, and based on the population growth the student population would increase. She stated there was a need for additional classrooms and a redesigned entry that would provide for better security. She believed the School District had taken the parking issues very seriously and had been a good community partner in the past; therefore, the City should give the District the opportunity to demonstrate good faith by fulfilling its obligation to manage the parking situation. She explained striped crosswalks lead been established, and attendants were located at both crossings at the begi~ming and end of the school day. Mayor Lizee provided Mr. Condon an opportunity to comment on the request. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 9 of 15 Mr. Condon stated the School District had submitted parking plans before it realized the City had setback requirements and fire code regulations that weren't satisfied in the initial plans. He noted that District was aware that it may have to consider acquiring additional property near the School if it became available. He stated the School District was a community partner, and the District took the parking issue very seriously. He thanked the Council and Staff for their assistance. Motion passed 4/1 with Wellens dissenting. 9. GENERAL/NEW BUSINESS A. Matt Phillippi Request for Appeal to Zoning Violation Acting Administrator Brown stated Matt Phillippi owned the property located at 21155 Minnetonka Boulevard. In July 2007 Mr. Phillippi was sent a zoning violation notice based on neighborhood complaints regarding a metal shipping container that had been located on the property for approximately one year. Mr. Phillippi's property was located in the R-1D/S, Single-Family Residential/Shoreland zoning district; shipping containers were not allowed either as permitted or accessory uses in the R-1D/S District. Enforcement action of the zoning violation was being pursued by the City through the Hemlepin County District Court system. He then stated Mr. Phillippi requested he be heard by the Council on this matter. Mayor Lizee asked Attorney Keane to explain what was before Council for consideration this evening. Attorney Keane stated the firm he worked for was asked to bring a code enforcement action relating to the shipping container located on Mr. Phillippi's property. The City's policy was enforcement of this type of violation was complaint driven; the City did not actively look for those types of violations. The City had received neighborhood complaints about the container which triggered multiple notices by the zoning administrator to Mr. Phillippi to remove the shipping container. After the multiple notices were not successful in bringing about compliance, the City ultimately initiated a code enforcement complaint. The complaint was signed and executed by Planning Director Nielsen at Hennepin County District Court. The District Court was responsible for service of the complaint upon Mr. Phillippi. The normal process to follow was arraignment, first appearance, pre-trial, and trail. To date there had been four visits to District Court regarding this matter. Apre-trial was scheduled for April 29, 2008. The City continued to request compliance for removal of the shipping container. Mathew Joseph Phillippi stated he owned the property at 21155 Minnetonka Boulevard but he did not live there. He then stated the complaints had the wrong address on them, and he never received them. He explained he had never received a summons to appear for a court date nor was he advised that an arrest warrant had been issued. A summons must be served to appear in District Court before an arrest order could be issued. He stated he had been taken to jail and his car towed on his way to District Court; he had been stopped by an officer (other than a South Lake Minnetonka Police Department officer and outside of the South Lake Minnetonka area). He believed he was stopped for no reason other than an outstanding warrant for his arrest. Mr. Phillippi stated the purpose of the shipping container was to protect property that would normally be in the basement but could not be left there because the basement was continually wet. He was not willing to remove the container until the drainage issues were resolved. He stated the City's legal SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 10 of 15 representative left apre-trial conference which Mr. Phillippi assumed was intended to force him into a jury trial. From his vantage point he thought his civil rights had been violated. On a separate matter, Mr. Phillippi distributed photos of the water damage to the subject property to Council. He commented the property was valued at $250,000. He stated drainage water was destroying the value of his property by trespassing into his basement. He stated he had contacted the City numerous times regarding the drainage issue. A subdivision was performed on neighboring property in 2001 at which time a drainage pond and storm sewer facilities were designed and constructed upstream of his property. At that time he was told he would be kept informed of how the drainage system worked and he would have the authority to approve it. He had not been asked for input on the system. He had requested a copy of the engineering report prepared by James P. Norton for the drainage system which stated the system had to have a C-through culvert; he still had not received a copy of the report. He commented the system worked well for the environment, but it did not work well for his property. He commented that he loved the City of Shorewood; he had lived in the area for over 54 years and he had hundreds of friends in the area. Mr. Phillippi stated from his vantage point he was over charged by the City when he sub-divided two of his properties; the sub-division resulted in his creating two new lots but he was charged for four new lots. He wanted the overcharge of $8,400 plus interest returned to him. He commented that as a condition of the subdivision, he had been required to remove a garage on his property located at 4890 Ferncroft Drive because it was non-conforming. He explained the garages on two properties adjacent to that property were also non-conforming; one of the garages had been destroyed by a tornado twice and that property owner was able to rebuild the garage in anon-conforming location. There was no place. else on that particular property of his to rebuild a garage because of the topography of that lot and the location of a well. Mr. Phillippi stated he did not want to fight with the City, but he was not afraid to go before a judge. He would remove the shipping container to be in conformance with City Code once his issues were resolved. He was confident the District Court Judge would drop the complaint charges once the Judge understood all. of his issues. He questioned if Council had been provided with all of the documents he had submitted to the City. Councilmember Wellens stated it was the first he had heard about Mr. Phillippi's other problems. He stated Council would have to review each individual issue. Mayor Lizee stated she appreciated Mr. Phillippi presenting his concerns to Council this evening; but she clarified the item before Council this evening was a complaint regarding the zoning violation resulting from a shipping container being located on his property. She stated Mr. Phillippi had been notified the container had to be removed in July 2007, to which Mr. Phillippi stated he had not been notified. Lizee stated Mr. Phillippi's issues with sub-division charges and drainage issues were a different matter. She then stated Council had only wanted to hear Mr. Phillippi's comments related to the zoning violation. The complaint was being processed through the Hennepin. County District Court system for resolution; Council would not take any action on that matter this evening. Mr. Phillippi stated he was providing the Council an opportunity to understand what had occurred regarding all of his issues wit11 the City. He stated he was exhausting his administrative resources. Mayor Lizee thanked Mr. Phillippi for coming this evening. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 11 of 15 Councilmember Turgeon asked Mr. Phillippi if he was willing to remove the container from his property. Mr. Phillippi stated he had made himself perfectly clear. B. Discussion of Change of Date for the First City Council Regular Meeting in May 2008 Mayor Lizee stated she would like to change the date for the first City Council regular meeting in May to May 13`x' from May 12"'. She explained she would not be able to attend a May 12`'' meeting. She noted the second regular meeting of the month would also be held on a Tuesday due to Memorial Day being on the fourth Monday of the month. After discussion, it was decided that the meeting would remain on May 12 as scheduled. C. Approval of an Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach This item was removed from the consent agenda at Councilmember Woodruff s request. Councilmember Woodruff stated the reason he asked for this item to be removed from the consent agenda was he wanted to comment about the use of Crescent Beach. He questioned if there was a way to promote the use of the Beach. Mayor Lizee stated the Beach was listed in the Minnetonka Community Education (MCE) catalogue and it was also listed on the City's website, and in the ShoREport. Councilmember Turgeon suggested the Park Commission work with MCE to conduct a program(s) at the Beach to promote its use. Mayor Lizee stated it would be important to work with the City of Tonka Bay as the Beach was located in that City. Woodruff moved, Turgeon seconded, authorizing the Acting City Administrator to execute the Agreement for Lifeguard Services for 2008 with Minnetonka Community Educations. D. Accept Plans and Specifications and Authorize Advertisement for Bids for 2008 Sealcoating of Streets, City Project 08-02 This item was removed. from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated the Staff report on this item stated the Polymerized Asphalt Emulsion (i.e., "Slurry Coating") approach tested for maintenance of City roadways did not perform as well as Staff would have liked. He questioned what the performance issues were. Acting Administrator Brown explained "Slurry Coating" was tested on Covington Road and Smithtown Circle in 2007. He reviewed a photo of both roadways which showed areas where the product did not adhere to the pavement. He commented in 2007 he had expressed that as a possible area of concern. The contractor stated the problems on Covington Road were likely caused by people driving on the surface before they should have. When Staff checked Smithtown Circle, which was the lowest traveled road in the City, it had similar problems yet residents had not driven on the surface before they should have. He explained that Engineer Landini had researched adding a polymer to the SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 12 of 15 sealcoat process to try to bolster the process; there were other cities which did the same thing and had great success. Councilmember Woodruff stated earlier this year representatives of the Boulder Bridge Farm Homeowners Association had approached the City about the possibility of placing a bituminous overlay on the street instead of sealcoat, and the Association would pay the difference in cost between the overlay and the sealcoat. He then stated the City was going out for bids for sealcoating of certain roadways (the roadways in the Boulder Bridge area were included in the bid). He questioned if it would be a problem to include the Boulder Bridge roadways in the bid if it was possible an overlay would be done instead. He also questioned if the request was still being considered. Acting Administrator Brown stated representatives from the Association had had a number of discussions with Staff about receiving credit for what it would cost to sealcoat the roadways if they chose to pay to have an overlay placed on the roads instead. He explained when this topic was discussed at the January 28, 2008, Council work session, concern was expressed that doing so could possibly create the perception that a neighborhood could buy into the Capital Improvement Program. He then explained going out for bids would not obligate the City to sealcoat the roadways identified in the bid. The contract documents stated the City had the right to add and delete roadways identified for sealcoating; similar changes had been made in the past to adjust for budget constraints. He also explained that by obtaining bids the City would have actual cost figures to present to the Association for consideration. He noted that the contract specified sealcoating could not be done before the end of July to allow the City time to repair the roadways before sealcoating. Engineer Landini clarified sealcoating could not start earlier than 60 days after the bids were opened. The bids would be opened on May 21, 2008. Brown stated if the roadways in the Boulder Bridge area were not sealcoated it may be possible to sealcoat other roadways. Councilmember Woodruff encouraged Staff to meet with representatives from the Association to determine what the Association's desire was. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-030, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for Bituminous Seal Coat Project 2008." In response to a comment from Councilmember Bailey, Engineer Landini stated a list of which roadways would be milled and which would be sealcoated would be prepared as part of the bid package and that bid package would be provided to Council Motion passed 5/0. E. Authorize Expenditure of Funds for City Code Book Update This item was removed from the consent agenda at Councilmember Woodruff's request and he requested the authorization for expenditure include a not to exceed cost of $2,800. Woodruff moved, Turgeon seconded, authorizing American Legal Publishing to proceed with the City Code Book Supplement No. 3 edits for a cost not to exceed $2,800 and authorizing the use of funds from the General Fund to cover costs in excess of the $1,750 budgeted for 2008. Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 13 of 15 10. ENGINEERING/PUBLIC WORKS A. Accept Plans and Specifications and Authorize Advertisement for Bids for Lift Station No. 16, City Project 06-O1 Engineer Landini stated at its January 23, 2008, meeting, Council authorized the preparation of plans and specifications for the rehabilitation of Lift Station 16. The plans and specifications had been completed. He explained the 2008 Sewer Fund Budget had $104,000 budgeted for the rehabilitation effort, and estimated costs for the construction were $86,340. If Council accepted the plans and specifications and authorized advertisement for bids, the bid opening would be conducted at 10:00 A.M. on May 21, 2008. Councilmember Woodruff stated Lift Station 16 was located in some property owners' front and back yards. He stated earlier he had recommended to Staff that the landscaping around the Station be maintained or restored. Engineer Landini stated it was anticipated the excavation depth would be less than two feet so a large out-of-bounds type excavation would not be required. In response to a question from Councilmember Woodruff, Acting Administrator Brown stated affected residents would be notified of the project after the bid was awarded. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 08-033, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids on the Rehabilitation of Lift Station No. 16 Project, City Project No. 06-01." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS B. Administrator & Staff Acting Administrator Brown stated the Sharon Klumpp, with Springsted Incorporated, had received credentials from three parties interested in the City Administrator position and there had been five phone calls received inquiring about the position. C. Mayor & City Council Councilmember Woodruff questioned what the status was of the bid package for the City Hall renovation construction effort. Acting Administrator Brown stated Collaborative Design Group was waiting for a boundary survey of the 5755 Country Club Road property. The City had received a proposal from WSB & Associates to conduct the survey and Staff had requested a competitive quote from a CDC civil engineer. If the quotes were reasonable, Staff would move forward with the survey provided Council approved of that. He anticipated that plans and specifications would be available to authorize a bidding process in the next three weeks. Councilmember Woodruff was concerned the substantial completion date of October 2008 would not be met. Councilmember Woodruff questioned if the confession of judgment against Pastor Linus Nyambu had been perfected and recorded. Attorney Keane stated he had requested it be filed but he would follow- up on it and let Council. know the status. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES April 28, 2008 Page 14 of 15 Councilmember Turgeon stated at the last City Council regular meeting John Garfunkel requested Council consider returning to an at-large election system. She requested a work session be scheduled to discuss that topic. Councilmember Wellens requested Staff gather data about the last three elections which utilized the at-large system and the last two elections which used the ward system. Acting Administrator Brown stated Council had identified numerous items it wanted to discuss at work sessions, and Staff would prepare a tentative schedule for discussing those issues. Councilmember Bailey stated he would like to see the list. Mayor Lizee stated a list would be helpful. She then stated Staff was bearing the additional work burden of performing City Administrator responsibilities. She commented that budget work sessions would be occurring throughout the summer and suggested Council consider conducting work sessions on alternate Monday's (when a regular meeting was not scheduled) and/or conducting work sessions early in the morning. She stated when work sessions were held or continued after a regular meeting, she thought it was unfair to expect Staff and Councilmembers to be as focused as they would be earlier in the day. She also stated the number of issues discussed at a work session must be limited. Councilmember Turgeon stated she would agree with having work sessions on Mondays when there was not a regular Council meeting. Councilmember Bailey stated he would prefer to meet on alternate Mondays. He suggested there be a contingency plan in place to discuss work session items when the regular Council meeting was somewhat shorter in duration. Councilmember Wellens stated at the last EFD Board meeting the topic of paying firefighters for volunteering at special events had been discussed. To cover that cost the idea of charging for EFD presence at events had also been discussed. He then stated the first draft of the EFD 2009 Operating Budget reflected a 5.84 percent increase and the CIP reflected a 1.8 percent decrease; the overall increase would be 1.96 percent. Acting Administrator Brown stated he would email the copies of the budgets to the Councilmembers. Wellens requested all copies of the documents submitted by Mr. Phillippi be distributed to Council. Acting Administrator Brown stated Council had received all copies. Wellens stated he was concerned about the funding for the Southshore Center; it was his understanding the Friends of the Southshore Center could not afford to run the Center. Councilmember Turgeon stated that was old information. Mayor Lizee stated the Southshore Center working group continued to meet, and the Friends were having a tour of the Sojourn adult daycare program on April 29, 2008. In response to a question from Councilmember Wellens, Engineer Landini stated Jean Panchyshyn had contacted the Southshore Center about possibly needing to use the Center for elections. Acting Administrator Brown stated the Center had not been contacted about conducting official City meetings at the Center. Councilmember Bailey stated he thought Mayor Lizee did a commendable job with the Phillippi situation. Mayor Lizee stated there was a SLMPD Coordinating Committee meeting scheduled for April 30, 2008. There was a joint meeting of all the SLMPD member cities' councils schedule for 7:00 P.M. on May 14, 2008. There had been a retirement party for SLMPD investigator Jack Talbot on April 24, 2008; Mr. Talbot had more than 30 years of service with the Department. She stated Mr. Talbot would SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES Apri128, 2008 Page 15 of 15 be missed. She expressed her condolences to Betty Chandler and her family; Betty's husband Jack passed away the previous week. The family had been long time residents of the City and Jack had served on the City Council and. had been involved with many community activities. 12. ADJOURN Woodruff moved, Turgeon seconded, Adjourning the City Council Regular Meeting of April 28, 2008, at 8:44 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor La rence A. Brown, Acting City Administrator/Clerk