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051208 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 12, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Acting Mayor Turgeon called the meeting to order at 7:04 P.M. A. Roll Call Present. Acting Mayor Turgeon; Councilmembers Bailey, Wellens and Woodruff; Attorney Keane; Acting Administrator/Director of Public Works Brown; Finance Director Burton; Planning Director Nielsen; and Engineer Landini Absent: Mayor Lizee B. Review Agenda Acting Administrator Brown stated Item 9.A, Schedule a Public Hearing Date Regarding Ward System, was placed on the agenda as a place holder pending the outcome of a discussion about the Ward System at a work session just prior to this meeting. Wellens moved, Bailey seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, April 28, 2008 Woodruff moved, Bailey seconded, Approving the City Council Work Session Minutes of Apri128, 2008, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, April 28, 2008 Wellens moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of April 28, 2008, as presented. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Turgeon 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.D under General/New Business.) B. Adopting RESOLUTION NO. 08-034, ~°A Resolution Approving a Gambling License for American Legion Post 259." SHOREWOOD CITY COUNTIL REGULAR MEETING May I2, 2008 Page 2 of 7 C. Adopting RESOLUTION NO. 08-035, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor and Special Sunday Sales, for the Minnetonka Country Club."; RESOLUTION NO. 08-036, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor and Special Sunday Sales, for American Legion Post #259."; RESOLUTION NO. 08-037, "A Resolution Approving a 3.2 Percent `Off-Sale' Malt Liquor License, for Cub Foods."; RESOLUTION NO. 08-038, "A Resolution Approving an Off-Sale Intoxicating Liquor License, for Park Square Subway, Inc., dba Shorewood Liquor."; and RESOLUTION NO. 08-039, "A Resolution Approving an Off-Sale Intoxicating Liquor License, for The Cellars Wines & Spirits of Shorewood, Inc." D. Authorize Expenditure of Funds for Seal Coat Aggregate (This item was moved to Item 9.C under General/New Business.) E. SLMPD Proposal for Providing Seasonal Park and Dock Patrol Services in Excelsior F. Appeal Notice to Remove (This item was moved to Item 9.E under General/New Business.) Appellant: Commercial Mortgage Fund LLC Location: 20540 - 20542 Excelsior Boulevard 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 Acting Administrator Brown stated there had not been a Park Commission meeting since the last regular Council meeting. The next meeting was scheduled for May 13, 2008. 8. PLANNING Commissioner Gnif&e stated there had not been a Planning Commission meeting since the last regular Council meeting; the meeting scheduled for May 6, 2008, had been canceled. 9. GENERAL/NEW BUSINESS A. Schedule a Public Hearing Date Regarding Ward System SHOREWOOD CITY COUNTIL REGULAR MEETING May 12, 2008 Page 3 of 7 Acting Mayor Turgeon stated Council had discussed the ward election system at a work session preceding this meeting. This item provided Council the opportunity to take action to schedule a public hearing on June 9, 2008, for the ward election system. Woodruff moved, Wellens seconded, scheduling a public hearing for the ward election system. Councilmember Bailey questioned if there was any Council direction for Staff. Director Nielsen stated Staff would prepare a resolution identifying 2008 polling locations and a draft ordinance amending Chapter 106 of the City Code prior to the meeting should Council decide to take action at the June 9, 2008, Council meeting. Without objection from the seconder, the maker of the motion amended the motion directing Staff to prepare a resolution identifying 2008 polling locations, and to prepare a draft ordinance amending Chapter 106 of the City Code in the event the Council decides to change the system for electing City officials. Motion passed 4/0. B. Authorize Notices to Connect to the City's Sanitary Sewer System Engineer Landini explained the Comprehensive Plan and City Ordinance 904 required all property owners connect houses on their property to the public sanitary sewer if the sewer abuts the property. The City's records indicate six houses in Shorewood currently are on septic systems and three of them abut a public sanitary sewer. The Ordinance indicates that property owners abutting the public sanitary sewer, shall connect within 90 days of notification from the City. Landini stated the meeting packet contained copies of letters to the owners whose properties abut the public sanitary sewer; the letters provide notice of the requirement to connect to the public sanitary sewer to comply with City Code. He noted Staff recommended Council authorize the notice and direct Staff to transmit the notice to the three property owners. Councilmember Wellens stated he believed the three affected property owners had known of the requirement to connect to the public sanitary sewer for years. Councilmember Woodruff stated neighbors of one of the property owners had complained about the odor emitting from that property owner's septic system. Wellens moved, Woodruff seconded, authorizing the notice and directing Staff to transmit the notice to the owners of the properties located at 5220 Shady Island Circle, 4405 Enchanted Point, and 26750 Smithtown Road. Motion passed 4/0. C. Authorize Expenditure of Funds for Seal Coat This item was removed from the consent agenda at Councilmember Bailey's request. Councilmember Bailey asked Acting Administrator Brown to explain the problems the City encountered with the Polymerized Asphalt Emulsion (i.e., "Slurry Coating") process, and Staff's recommendation to add a polymer to the sealcoat process to try to bolster the process. SHOREWOOD C1TY COUNTIL REGULAR MEETING May 12, 2008 Page 4 of 7 Acting Administrator Brown explained "Slurry Coating" was tested on Covington Road and Smithtown Circle in 2007. On both of the test roadways there were places where the product failed to adhere. The contractor had offered to reapply the product; it had assured the City at the start that it would address any adhesion problems, Staff had concerns about again inconveniencing the residents and the school bus community by closing Covington Road so the product could be re-applied. Monetary compensation was considered to be a better solution. Brown went on to explain there was an option to add a polymer to the sealcoat process to try to bolster the process. Staff researched the polymer additive option and contacted other cities using the polymer additive. Those cities found the additive to extend the life of the sealcoat. Brown stated Staff was still in discussions with representatives of the Boulder Bridge Farm Homeowners Association which had approached the City about the possibility of placing a bituminous overlay on the street instead of sealcoat; the Association would pay the difference in cost between the overlay and the sealcoat. Although the roadways in the Boulder Bridge Farm were identified to be sealcoated in the bid, the City was not obligated to sealcoat the roadways specified. The contract documents stated the City had the right to add and delete roadways identified for sealcoating. He explained the City made a yearly purchase of rock for roadway maintenance, and any excess rock purchased was stockpiled for use the following year. In response to a question from Councilmember Bailey, Acting Administrator Brown stated the contractor responsible for the Slurry Coating had expressed a commitment to fulfill the performance guarantees identified in the contract. He noted the contracts for the sealcoating process also contain performance clauses. Bailey moved, Wellens seconded, accepting the quote from Martin Marietta Materials, Inc., for seal coat aggregate. Motion passed 4/0. D. Approval of the Verified Claims List This item was removed from the consent agenda at Councilmember Woodruffs request. Councilmember Woodruff explained the verified claims list included check number 46565 for an amount of $100 for Rebecca Fish; Ms. Fish was a volunteer gardener with the adopt-a-garden program and was responsible for the garden at City Hall. He questioned if it was prudent to invest in the City Hall garden when the City Hall renovation project would be in process during the summer months. He related Ms. Fish suggested the $100 be used for a different garden, and feedback from other volunteer gardeners was to invest these funds in the garden at Freeman Park. Director Burton then requested check number 46582 for an amount of $100 for Cindy Marceau be added to the verified claims list; Ms. Marceau was the volunteer gardener for the garden at Manor Park. In response to a question from Councilmember Bailey, Acting Administrator Brown stated the Parks Department works with the volunteer gardeners and Park Commission Chair Davis met with the volunteer gardeners to solicit their feedback. Acting Administrator Brown suggested check 46565 be removed from the verified claims list, and Staff would seek input from Ms. Fish and the Park Commission about the garden at City Hall and the possible reallocation of the $100. SHOREWOOD CITY COUNTIL REGULAR MEETING May 12, 2008 Page 5 of 7 Woodruff moved, Bailey seconded, approving the verified claims list subject to the removal of check number 46565 for an amount of $100 for Rebecca Fish and the addition of check number 46582 for an amount of $100 for Cindy Marceau. Motion passed 4/0. E. Appeal Notice to Remove Appellant: Commercial Mortgage Fund LLC Location: 20540 - 20542 Excelsior Boulevard This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated the Staff report stated the developer who planned to buy the property located at 20540/20542 would remove offensive and unhealthy substances on the property. He questioned if it was realistic to expect that the new owner would do that. Director Nielsen stated Staff expected Commercial Mortgage Fund LLC would notify the new owner of the Notice to Remove. He explained Kenneth Sorteberg, CEO with Commercial Mortgage Fund, had requested an extension of time to remove items in violation. Mr. Sorteberg indicated once the new owner was in possession of the property (a closing was scheduled for May 9, 2008), the developer would perform the clean up of the property. Staff recommmended an extension be granted to May 19, 2008. Nielsen stated he would contact Commercial Mortgage Fund to ensure the new owner had been notified of the Notice to Remove. Woodruff moved, Wellens seconded, granting an extension to the Notice to Remove to May 19, 2008, for the property located at 20540/20542 Excelsior Boulevard. Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize Advertisement for Bids for the 2008 Mill and Overlay Project, City Project 08-04 Engineer Landini introduced the topic of plans and specifications and authorization for advertisements for bids for the 2008 Mill and Overlay Project. He explained the adopted 2008 Operating Budget allocated funds for road maintenance; $100,000 for sealcoating and $200,000 for additional road maintenance. Staff proposed $120,000 of the total amount budgeted be used for mill and overlay, and the remaining $180,000 be used for sealcoating. The roadways chosen for the mill & overlay must have a foundation capable of supporting the surface and have a PASER rating of 4 or higher. The roadways scheduled for 2008 mill & overlay were Blue Ridge Lane, Cathcart Drive, and Apple Road; all satisfy t11e criteria identified. Landini stated Staff recommended approval of the resolution which would approve the plans and specifications and authorizes advertisement for bids for the 2008 Mill & Overlay Project. Wellens moved, Bailey seconded, Adopting RESOLUTION NO. 08-040, "A Resolution Approving Specifications and Estimate and Authorizing Advertisements for Bids for 2008 Mill & Overlay, City Project 08-04." Councilmember Bailey questioned if the plan was to mill and overlay other roadways with a PASER 4 rating in subsequent years. Acting Administrator Brown explained it was Staff's intent to prepare a 20- yearplan for roadway improvements, and financing of roadway improvements would be discussed during SHOREWOOD CITY COU1vTIL REGULAR MEETING May 12, 2008 Page 6 of 7 the budget process. He stated although the discussion was generally about maintaining the worst roadways, it may be more effective to maintain the condition of good roadways. Motion passed 4/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Remodeling Project Update Acting Administrator Brown stated at its May 27, 2008, meeting Council would be asked to approve the plans and specifications and authorize advertisements for bids for the City Hall Renovation Project. Director Nielsen commented Council would be provided a timeline for the bidding process at that same meeting, and based on the timeline it may be necessary to have a special Council meeting after bid opening to award the bid expeditiously. Councilmember Woodruff suggested Staff prepare a recommendation with pros and cons for the benefits of hiring a construction manager for the project. Acting Administrator Brown stated he would add that item to the May 27, 2008, City Council work session agenda. 2. City Administrator Search Update Acting Administrator Brown stated Sharon Klumpp, with Springsted Incorporated, had received credentials from three parties interested in the City Administrator position and there had been a number of inquiries about the position. Ms. Klumpp will review the resumes at the May 27, 2008, Council work session. Acting Administrator Brown stated at a meeting earlier today of the Southshore Center working group, Deephaven City Administrator Young reviewed a draft request for proposal (RFP) for potential tenants for the Center. The RFP would be presented to the group for final consideration. Acting Administrator Brown stated there were two potential tenants. Acting Administrator Brown stated there was a joint meeting scheduled for 7:00 P.M, on May 14, 2008, for all South Lake Minnetonka Police Department (SLMPD) member cities' councils; Chief Litsey would present the SLMPD Strategic Action Plan. He noted he had distributed electronic copies of the Plan to Council. B. Mayor & City Council Acting Mayor Turgeon stated the Park Commission was conducting a tour of the City Parks on May 13, 2008. Councilmember Wellens stated he had discussions with a councihnember from one of the Excelsior Fire District (EFD) member cities' councils about changing the Fire District's budget process. h~ the proposed process the member cities' councils would agree to a budget increase percent for the upcoming year, and the budget would be prepared not to exceed that increase. Acting Mayor Turgeon stated she preferred that approach. Councilmember Woodruff stated it would be easier to prepare a budget if the increase was SHOREWOOD CITY COUNTIL REGULAR MEETING May 12, 2008 Page 7 of 7 specified in advance. Items that could not be funded with that level of budget could then be identified, and if the items were necessary the budget could be increased accordingly. Councilmember Bailey stated there were two levels to a budget: 1) inflation growth from the previous year (the baseline budget); and 2) any increase in service. He questioned if Councilmember Wellens was recommending additional services be fimded out of the baseline budget, or was he recommending the baseline budget with additional services be added on top of the baseline budget. Councilmember Wellens stated he was recommending the latter. There was agreement that Councilmember Wellens could present that idea at the next EFD Board meeting scheduled for May 28, 2008. 12. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Regular Meeting of May 12, 2008, at 7:44 P.M.