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060908 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 9, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 7:07 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; Planning Director Nielsen; Engineer Landini; and Deputy Clerk Panchyshyn Absent: None B. Review Agenda Councilmember Woodruff requested Item B.A, Shirley Rice Funding for the Parks, and Item 11.A.3, Update on Spring Clean-up, be added to the agenda. Director Nielsen requested Item 8.B be discussed after Item 9.C on the agenda, and he noted there was not a resolution for Item 8.C. Turgeon moved, Wellens seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, May 27, 2008 Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of May 27, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, May 27, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of May 27, 2008, as presented. Motion passed 5/0. C. City Council Work Session Minutes, June 2, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of June 2, 2008, as Amended in Item 6, Page 8, Paragraph 8, Sentence 8, change "The LMCC conveyed" to "The LMCD conveyed". Motion passed 4/0/1 with Lizee abstaining due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 2 of 16 Turgeon 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 -Part-time, Temporary Office Assistant C. Adopting RESOLUTION NO. 08-043, "A Resolution Approving a Temporary 3.2 Percent `On-Sale' Malt Liquor License issued to the Excelsior Fire Fighters Relief Association." D. Appeal Notice to Remove Appellant: H.S. Jerome Location: 5220 Shady Island Circle Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. Ward System of Elections /Establishing Polling Places Mayor Lizee opened the Public Hearing at 7:11 P.M. Attorney Keane summarized a document prepared by Jean Panchyshyn, the Deputy Clerk for the City, and him regarding background on the City's ward election system and the consideration of the elimination of the ward election system. In 1974 the legislature undertook the standardization of cities; the standards were towns, statutory cities, and home ruled charter cities. As part of the standardization, ward representation was abolished as a standard form option for new cities incorporated, or reconfigured by annexation or consolidation.; they would operate under at at-large election system. Existing ward cities were allowed to continue. Out of the 855 cities in the State, approximately 20 percent are home rule charter cities and the rest are statutory cities, which is what Shorewood is. In 2000 the Legislature approved Chapter 257 Special Laws providing the authority to the City to adopt a ward election system by ordinance for representation of City councilmembers; this was done in response to an appeal from the City. From 2000 to 2002 the City Council had several meetings and public hearings to discuss the establishment of ward elections. Part of the rationale at that time was Shorewood was geographically diverse, it was narrow and wide. The City Council adopted an ordinance in 2002 to implement the ward system; coincidentally it was done at the same time decennial redistricting took place throughout the State. In 2002, two councilmembers were elected for 2-year terms, at-large, and the other two finished out their 4-year terms. Ward elections were implemented beginning with the 2004 elections, with Wards 1 and 3 elected for 2-year terms, and Wards 2 and 4 for 4-year terms. In subsequent years two councilmembers were elected each year for 4-year terms. sxoxEwoo~ CITY couNCrl, RECVLAIZ MEET1NC ivll~ruTEs June 9, 2008 Page 3 of 16 Attonley Keane stated the City was unique when it sought special legislation providing it the authority to adopt a ward system; it was the only City to request that authority at the time. There was no precedent in common law or case interpretation or statutory guidance on the matter. It is accepted that the ordinance adopted to implement the ward election system also allows the City to return to an at-large election system. He reviewed the sources he and Deputy Clerk Panchyshyn consulted with: the Shorewood Code of Ordinances; Minnesota Statute Chapters 200, 201, 204B, 204D, 205, 206, 209, and 412; the Minnesota Secretary of State; the Hennepin County Auditor and Director of Elections; the League of Minnesota Cities Handbook; and the League of Minnesota Cities Research Services. Attorney Keane explained if Council elects to amend the ordinance to return to an at-large system of representation for the 2008 election year, it must do so at this meeting. There is a June 11`x' deadline for establishing polling locations; polling locations are identified by precinct names. If the ordinance is amended the precinct names will be changed. The precincts will not change geographically, and the polling locations will not change. He stated Council has three options this evening: 1) continue with the ward election system; 2) amend the ordinance to return to the at-large syste-n effective 2010 elections; or, 3) amend the ordinance effective 2008 elections. Councilmember Bailey stated in a letter the City received from former Councilmember Paula Callies, Ms. Callies states Minn. Stat. §204B.14, subd. 4 requires that any change in the boundary of a election precinct must be adopted by June 1 in any year of the state general election. Under Minn. Stat. §204B.14, subd. 2 each city ward constitutes one election precinct. A precinct is defined by §200.02, subd. 1 l as "a geographical area the boundaries of which are established for election purposes." Eliminating wards clearly eliminates election boundaries in practice, not just in names, because councilmembers would no longer be elected from the particular geographical area of a ward. Attorney Keane stated if the councilmembers are elected at-large the boundaries are irrelevant; residents will be able to vote for any councihnember candidate on the ballot. Keane confirmed that precinct boundaries will not change as part of this amendment. Mayor Lizee stated emails, faxes and hand-written letters had been received from numerous residents regarding this matter, and noted all the correspondence was on file. Correspondence was received from Anne Leland, Craig Shoemaker, Don Sell, Peter and Kathy Royse, Pamela Evans, Steve Evans, James Alexander, Paula Callies, Steve Farnes, David McCuskey, Ron and Dee Johnson, Janet Cohen, David Cross, and Sharon Starks. Mayor Lizee opened the Public Testimony Portion of the Public Hearing at 7:32 P.M. Gene Germain 5925 Eureka Road, stated the only reason he heard stated for implementing the ward system was the City's geography. The city had a population of approximately 7,400; therefore, it should not have been difficult for previous Councils to represent the entire City. If councilmembers need to be segmented by ward, why can 3 out of 4 councilmembers affect a ward they do not reside in, noting he does believe councilmembers should be able to affect the entire City. Under the ward system he can only vote for one councihnember seat, yet all councilmembers can affect him; that does not seem fair to him. From his vantage point, voters were not asked if they would be okay with giving up three-fourths of their votes for councihnember seats; he does not think that is okay. Wards appear to be counter productive to governing the City; he could only run for election against the incumbent councihnember representing the ward he lives in. The ward system reduces the available pool of councihnember candidates by 75 percent. If there was equal population in the wards, one-eighth of the voting population could elect a Councilmember who would represent the entire population of the City. If the entire Council is going to govern the entire City, then all voters should have the opportunity to elect all councilmembers. SI3OREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 4 of 16 Bob Gagne, 24850 Amlee Road, stated he was not in favor of the ward system when it was implemented. He noted he had. been on the Council for 10 years, and chose not to run for another term to allow others the opportunity. He stated if Council chooses to retain the ward election system, he recommends it establish a limit for the number of terms a person can serve on the Council. He supported returning to an at-large election system. Jerry Brecke, 27540 Pine Bend Road, stated when the ward system was discussed the last time he was in favor of implementing a ward system and he is in favor of retaining it. He thought it was difficult for a person on the east or west end of the City to be in contact with their constituents. He thought he had good access to his ward representative, and he expects his representative to know about issues relative to where he lives; he did not expect all representatives to know all of his neighborhood's issues. He expressed concern with the timeline for making a decision. The ward system had been discussed for over two years before a decision was made to implement the system. He questioned the motive for making a change this quickly. Ingrid Schaff, 26175 Wild Rose Lane, stated an elected official should know the City's residents and all the issues. A resident should be able to contact any official. When the at-large system was in effect residents would call all councihnembers about issues. It was her opinion that the intent of going to a ward system was to hopefully merge all the South Lake cities some day; something she thought would never happen. She stated if wards were important for representation why was a ward system not used for selecting Park and Planning Commissioners. She commented a lot of residents do not understand the ward system. Shorewood is a city of neighborhoods, and when there are concerns the neighborhoods come before Council. All voters should have the opportunity to vote for each councihnember seat. Blair Bury, 28160 Boulder Bridge Drive, apologized for not being active in the public hearings held when the ward system was originally considered. He questioned why other cities did not use the ward system. He stated he would like the opportunity to vote for each councihnember seat. He was in support of returning to the at-large system, and he did not think a large study was necessary before making the decision. JoAnn Schaub 5465 Timber Lane, stated she was in support of returning to an at-large election system. She thought an at-large system encouraged councihnembers to know all of the issues. Form her vantage point, councihnembers responded differently to residents in their ward than they did to residents outside of their ward (noting that was neither good nor bad). Currently a resident can call any councihnember, but not all councihnembers respond. John Garfunkel, 5665 Teal Circle, stated abolishing the ward system is about accountability; residents can. not hold the entire Council accountable because the only way to do so is with their vote. He did not view the change being considered as a rush decision because he and other residents had come before Council with a petition three years ago to request abolishing the ward system, but Council thought the timing was not correct. He requested Council take ownership of this issue and make a decision to return to an at-large election system. Pat Arnst, 5480 Teal Circle, noted she was part of the group of thirteen residents who came before Council three years ago to request abolishing the ward system. She believes in local control. Slle stated each public hearing attendee this evening was interested in this topic. She thought there were more than four times as many people responding to this topic today, as a result of conversations during the past weekend, than there were in 2002. From her vantage point, the ward system reduced representation. She gets to vote for only one of the four councihnembers; she wants the opportunity to vote for all councihnember seats. She noted comments made in a newspaper article printed at the time the decision SHOREWOOD CITI' COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 5 of 16 was made to implement a ward system that stated then Mayor Woody Love 11ad had anecdotal conversations with residents; Mr. Love talked about building neighborhoods; Arnst noted she does not want the government to build her neighborhood. She said Councilmember Turgeon had not supported the change to a ward system because there was no data supporting the wards, while then Councilmember Lizee stated she did not think ward data was necessary to support the change because it had been discussed for a long time. She explained there were three public hearings held on the election system in April 2002. At the first hearing twelve residents either spoke at the public hearing or submitted written communication. A vote was not taken because then Councilmember Zerby did not vote. At the second meeting, Zerby was absent. At the third hearing Zerby chose to vote in favor of the ward system. She requested Council vote to return to an at-large election system this evening. Nancy Williams, 26270 Smithtown Road, stated she wanted the opportunity to vote for each Councilmember seat. She requested Council vote to return to an at-large system this evening. Tom Kelsey, 26175 Wild Rose Lane, stated he had not been in support of a ward system in the past and he requested Council vote to abolish the system this evening. He noted it should not be difficult for an elected official to serve the entire City. With the exception of Enchanted Island, a person can get from one part of the City to the other in 10 minutes. He questioned the following: who brought this issue to the Legislature; was there a public hearing held to consider going to the Legislature; and why is Shorewood the only city that sought approval for a ward system. William Ruoff 26365 Noble Road, stated he opposed the ward election system because of lack of representation. He commented residents question why there is a ward system, and how it works. He requested Council consider returning to an at-large system. David Hoo 23260 Park Street, stated he had previously been in support of the ward election system but would like to return to an at-large election system because he can only vote for one councihnember seat. Councilmembers would be more accountable to him if he has the opportunity to vote for each of them. Mary Wiersum, 27065 Noble Road, stated she opposed the ward systems, and she requested Council vote to abolish the ward system this evening. When the at-large system was in effect she appreciated all candidates coming to her home to introduce themselves; the ward system took that opportunity away from her. Julie Twetan 26300 Smithtown Road, stated she had not been aware that some of her votes for Councilmember seats had been taken away by the ward system, and that bothers her. She did not like to be limited to voting for candidates for the ward she lived in. She also wanted each member of the Council to represent her. She requested Council vote this evening to return to an at-large system. Mark Themig 21780 Lilac Lane, stated he did not know which Councilmember was elected in the ward he lived in. He requested the Council vote to return to an at-large election system this evening because of representation. Terry Brossard, 5445 Teal Circle, stated she had not been aware she had lot 75% of her votes when the City implemented a ward system. From her vantage point only one councihnember represents her. She requested Council vote this evening to abolish the ward system. Wall van, 24845 Glen Road, thanked the people who came to his neighborhood to provide their insights on the ward system. He stated the issue for him was accountability, and he was opposed to the ward system. SAOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page6of16 Jon Wiersum 27065 Noble Road, stated he had not been aware of the change to the ward system. He assumed there was positive rationale for making the change. He and the people he has spoken with don't understand why the change was made. He stated he was speaking for himself and his neighbors when he requested Council vote this evening to abolish the ward system. Bill Smith, 5770 Grant Lorenz Road, stated he opposed the ward system because the City was too small. Pam Murray, 5710 Grant Lorenz Road, stated there was no compelling reason to keep the ward system, and there appeared to be reasons to abolish it based on what she heard this evening. She supported returning to the at-large system. June Skjervold, 5660 Grant Lorenz Road, stated the discussion this evening was good, but the word "democracy" was missing in the discussion. It was the democratic way to go. Scott Schmitt, 6020 Mill Street, stated he supported abolishing the ward system. He commented he thought many of the Councilmembers were above not listening to a resident because they did not live in the ward they were elected in. He did not think there was fair representation with the system with regard to a resident's ability to vote for each council seat. He would like the opportunity to exist for him (or any one else) to run against a councilmember that was outside of the ward he resided in; that opportunity does not exist with the ward system. Mayor Lizee closed the Public Testimony portion of the Public Hearing at 8:14 P.M. Major Lizee stated Council had received a lot of good information from the public. Residents expressed opinions/concerns/questions about representation, how frequently they could vote, accountability, how the legislation was proposed, the belief that votes were taken away, and the opportunity to run against more than one candidate. She explained Council does not "count noses". She clarified the Mayor and the four Councilmembers represent all residents in the City even though the Councilmembers were elected by wards. She commented that it appeared the majority of the public at this public hearing were residents of the western part of the City. Mayor Lizee asked Attorney Keane to explain why the Legislature had to consider the City's request to implement a ward election system. Attorney Keane stated the issue was initiated by the Council The Legislature prescribes the framework under which cities conduct their governance. The ward election system model which was advocated in 2000 was not an option under that framework. A phone call was made to the legislation delegation to ask them to support and sponsor the request for special legislation. Lizee stated a process was followed. councilmember Woodruff stated during the last election cycle he encountered residents who did not know the City had wards, or were not aware they could only vote for candidates residing in t11e ward they lived in. He explained before there were wards, there were two elections with five candidates running for four contested seats. After wards were implemented there were six contested seats and seven candidates. In 2004 every candidate ran unopposed, and he thought that was telling. For the 2006 election there was one candidate in Ward 3 and two in Ward 1. In 2000 and 2002 (if it is viewed as a blended number) 90 percent of the eligible voters voted in the council election; in 2004 60 percent voted; and approximately 54 percent voted in 2006. He drew the conclusion that people tuned out; they weren't terribly interested in the process where they could only vote for one of the contested seats. He stated he opposed the ward system and would vote to return to an at-large system. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 7 of 16 Councilmember Turgeon stated she had run for council under the at-large election system and the ward election system, both times unopposed. She stated discussions about the ward system started in 1999. The first public hearing was held on April 8, 2002. She commented in 2002 she and John Garfunkel were the incumbent Councilmembers whose terms were scheduled to end in 2004; the seats held by Councilmembers Lizee and Zerby were scheduled to end in 2002. She stated the April 8t'' public hearing was continued to an April 22"d Council meeting. Council had been told it had an April 30, 2002, deadline to take action on the ward system; she recently learned that would only have been true if the ward system was to be implemented for 2002 elections. The special legislation gave Council the opportunity to implement wards whenever it wanted to. She stated there never should have been any issues that were ward specific. From her vantage point the ward system had been on the goals and priority list since 2005, and she thought it was time to resolve the ward system issue. In response to a question from Councilmember Turgeon, Attorney Keane explained when the Legislature approved Chapter 257 Special Laws it was very open ended. Council could adopt or eliminate the ward system at any time by ordinance. It was his recollection that the Council discussion in 2002 was to allow incumbents to complete their terms before implementing the ward election system; the council seats whose terms expired in 2002 were on the 2002 election ballet for 2-year terms in order for all four councilmember seats to be up for reelection under the ward system in 2004. In response to another question, Keane stated the special legislation did not contemplate some areas of the City using an at-large system and other areas using a ward system. He clarified there was at-large representation until 2004 elections; it was entirely a ward system for 2004 elections. Councilmember Turgeon stated she was opposed to the ward system for representation. Councilmember Woodruff stated whether or not he should have to run for reelection if the ward system were abolished for 2008 elections should not factor into Council's decision. Councilmember Bailey summarized a document Councilmember Wellens had distributed to Council regarding pros and cons for the two systems. A voter could vote for one council seat under the ward system every four years, and they have four under the at-large system; the same applied to the ability to have Councilmembers replaced. The available pool of candidates was the entire City for the at-large system and a specific ward for the ward syste-n. There are 2,600 homes in the City and each ward had approximately 700 homes; it was easier to run a more effective campaign under the ward system because there were fewer homes. Under the at-large system a resident could run for one of two councilmember seats every two years; under the ward system there is one seat every four years. There would be less potential fora "my ward first" attitude under the at-large system. The potential for a neighborhood clique dominating the City was less likely with the ward system. Returning to an at-large system could be confusing to the voters; they were confused when the City implemented the ward system. He noted Wellens had pointed out there was not a right or wrong answer. Bailey stated he thought it would be unfair to denigrate the previous Council that implemented the ward system; its intentions were laudable. He noted he had always had strong doubts about the ward system. He explained ]le viewed himself as a representing the entire City; he would bring forth any resident's issue. He stated an at-large system provided more accountability. He expressed concern that there was no data indicating the ward system improved dialogue. He stated there are tactical issues that should be considered in addition to policy issues; he had concern with holding only one public hearing before making a change. The status-quo of the ward system should only be overturned if there is a compelling case to do so, and he believed there is a compelling case. Councilmember Wellens stated he had run under the at-large and ward systems, and he was going to vote to abolish the ward system. He explained if no one resident from Ward 3 had volunteered to assume SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 8 of 16 former Councilmember Callies Ward 3 seat when she resigned, the seat would have remained vacant until the next election. He viewed that as a weakness in the system. He wanted the ability to not reelect all councilmembers if they were not performing the way he thought they should. He was concerned about the drop in voter participation, as stated by Councilmember Woodruff. Wellens thought the reasons for abolishing the ward system outweighed the reasons for keeping it. Mayor Lizee thanked the attendees for coming this evening, and she appreciated all the emails and conversations she had had with residents over many years. She had been elected under both the ward and at-large systems. She stated she ran on representation when she first ran for council in 1998. She commented there had been instances when candidates ran for election because of one issue. She stated al] five members of the Council represent all residents because they hear from the residents. She expressed concern about the timeframe for making a change. She stated when a public hearing is held., there is a premise the item had been studied and public comment had been taken, and the premise was voted up or down. She directed Council to consider making a motion for councilmembers to debate. Turgeon moved, Wellens seconded, restoring the voting back to an at-large system effective with the 2008 elections. Councilmember Woodruff recommended the maker of the motion adopt the ordinance and resolution as provided. Both the maker and seconder accepted the friendly amendment to the motion to, Approving ORDINANCE NO. 449, "An Ordinance Amending Chapter 106 of the Shorewood City Code Relating to Municipal Elections.", and Adopting RESOLUTION NO. 08-044, "A Resolution Designating Polling Places for the Primary and General Elections." Councilmember Bailey questioned if the term for the current Ward 1 seat would expire at the end of 2008 and the election would be for all councilmember seats. Attorney Keane stated if the motion is approved the ward system of representation would be abolished and the offices held would thereby be abolished. Councilmember Woodruff stated he had no issue with the Ward 1 seat be terminated at the end of 2008. He was somewhat concerned with the possibility that all five officers could be replaced, which would result in no institutional knowledge remaining on the Council. Councilmember Bailey stated it was important that all officers be elected under the at-large system. Motion passed 5/0 with Bailey, Turgeon, Wellens and Woodruff voting in favor, and with Lizee voting in favor with reservations. Deputy Clerk Panchyshyn left the meeting. Mayor Lizee recessed the meeting at 8:44 P.M. Mayor Lizee reconvened the meeting at 8:55 P.M. 7. PARKS A. Shirley Rice Funding for the Parks Director Burton explained the Shirley Rice Memorial Park was established some years ago. Ms. Rice was a long-time City resident and City employee who died in an accident. A donation was made in her behalf SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 9 of 16 to the City for an amount of $2,500. Over the years there had been ongoing beautification and maintenance of the Park. The balance in the find was $71.8. Councilmember Woodruff stated he had received a call from a resident near the Manor Park area wondering if there were any funds remaining, and if so questioned how the funds be allocated for park improvements. He related Director Burton had explained the Park Commission makes the decision on disbursement of funds. He directed the individual to contact the Park Commission Chair. Mayor Lizee stated Ms. Rice was a member of the South Tonka League of Women Voters, and a very active participant in local and state government. Ms. Rice passed away in an automobile accident. Ms. Rice's family gave the donation to the City in her honor, and wanted it to be used in the Manor Park area because the League of Women Voters maintained the garden there. The family did not specify any conditions for the use of the donation. Using the remaining funds to improve Manor Park would be appropriate. 8. PLANNING Chair Schmitt reported on matters considered and actions taken at the June 3, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). He noted the Planning Commission unanimously agreed that the City should not allow t17e use of golf carts on City streets. A. House Moving Permit Applicant: Kristi and John Marquardt Location: 5985 Afton Road Director Nielsen stated John and Kristi Marquardt, 5985 Afton Road, requested a house moving permit. The City's Ordinance requires the Planning Commission review house moving permits; the Commission's responsibility is to review the proposed route, subject to Staff's recommendations for acceptability, and the ultimate location of the house in the City. h~ this situation the house will be relocated outside of the City; therefore, there was no need for the Commission to review the location. He explained the initial route proposed was to go north on Cathcart Drive, then west on Smithtown Road and out of the City; because of some road construction this was not a viable route. The movers, who are licensed and bonded, have proposed an alternative route which is to go north on Cathcart Drive, east on Smithtown Road, and south on County Road 19 and west on Highway 7 out of the City. The South Lake Minnetonka Police Department (SLMPD) recommended the house be moved between midnight and 5:00 A.M. The movers indicated they would move the house as close to midnight as possible; the date for the move has not been determined but would occur sometime during the next 2 - 3 weeks. Nielsen stated the Planning Commission unanimously recommended approval of the house moving permit. In response to a question from Mayor Lizee, Director Nielsen explained the mover is purchasing the house. Lizee thought reusing a house is wonderful thing to do for the enviromnent. Turgeon moved, Woodruff seconded, approving a house moving permit for John and Kristi Marquardt, 5985 Afton Road. Motion passed 5/0. B. Minnewashta School Traffic Management Plan This was discussed after Item 9.C on the agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 10 of 16 Director Nielsen stated as a condition of the most recent Minnewashta Elementary School conditional use permit (C.U.P.), the School District was asked to submit a parking management plan by the end of May, which it did. The meeting packet contained a memorandum from him regarding Staff's initial comments regarding the plan. Earlier in the day the City was informed that the School District was able to acquire two properties adjacent to the west side of the Minnewashta Elementary School property. The acquisitions will significantly increase the amount of available parking at the School. The District had submitted a new site plan including the two new parcels. He suggested this item be continued to the July 14, 2008, City Council meeting to allow Staff to study the site plan. He noted there would have to be some changes made to the C.U.P.; the parking management plan could be much simpler and it would be for a much shorter duration of time. Mayor Lizee stated she was pleased to hear about the land acquisitions, and the City looked forward to working with the School District and surrounding neighborhood residents to resolve the traffic problems and improve safety around the area. In response to a question from Councilmember Woodruff, Director Nielsen stated the School District had submitted a detailed parking plan by the end of May which was a condition of granting the C.U.P. and Staff had made comments on the plan. The drainage plan for the existing and new property has yet to be addressed. An interim plan would probably have to be developed. Mike Condon, the Supervisor for Buildings and Grounds for the Minnetonka School District, stated the School District hoped to close on the two properties on June 13, 2008, and planned to take possession of the properties on September 1, 2008. On June 16"' the School District would start surveying the land and begin working with City staff and the Minnehaha Creek Watershed District. The goal was to have the parking lots completed in the fall of 2008 with at least the first level of bituminous surface down before snow came. He noted this was a tentative schedule. Wellens moved, Bailey seconded, continuing the Minnewashta Elementary School Traffic Management Plan to a July 14, 2008, City Council regular meeting. Motion passed 5/0. Discussion moved to Item I O.A on the agenda. C. Use of Golf Carts on City Streets This was discussed after Item 8.A on the agenda. Director Nielsen stated as Chair Schmitt had explained, the Planning Commission was opposed to allowing the use of golf carts or 4-wheelers on City streets, primarily for safety reasons. He stated both the Director of Public Works and the SLMPD Police Chief expressed concern about the use of them on the City's narrow and winding streets. The Chief also expressed concern about the lack of safety equipment on golf carts. Councilmember Turgeon questioned if mobility devices should be allowed on City sidewalks. Councilmember Woodruff questioned if the City would have to take special action to allow the use of mobility devices on sidewalks to which Attorney Keane responded it would not. The issue is the authorized use of public roadways not the pedestrian ways. Mayor Lizee noted golf carts are allowed in the Boulder Bridge Farm because it had a private trail system; they were not allowed on City streets in that area. SHOREWOOD CITY COUNCIL REGULAR IYIEETING Ie'IINUTES June 9, 2008 Page 11 of 16 Wellens moved, Woodruff seconded, denying the request for the use of golf carts on City streets. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Authorize Request for Proposals for Owners Representative for City Hall Renovation and Expansion Project Acting Administrator Brown stated in his memorandum dated June 6, 2008, he outlined the pros and cons of the two main types of methods used for the oversight of a construction project which are a Construction Manager (CM) and an Owners Representative (OR). He explained most of the firms that do that type of work will fulfill either role. Generally, one type is brought into the process during the design phase and the other after construction bids are awarded. He stated because the City was far along in the design process the City would receive the best value for its money by using an OR. A CM contracts directly with the subcontractors and keeps records foi• the project, and there is some risk with that; the CM also is responsible for the general conditions such as insurance. The OR is working solely for the benefit of the owner and does not bear that risk. Councilmember Woodruff stated the request for proposal for an OR was one of the best he had seen. Councilmember Bailey stated based on Acting Administrator Brown's assessment, he would be hard pressed to find a reason to hire a CM. He questioned what would cause him to hire a CM over an OR. Acting Administrator Brown explained if the City was to have used a CM the CM should have been hired some time ago. A CM examines the plans and specifications in detail well before the design phase is completed, and provides insight into how to do the best value engineering through the design process. It takes time for a CM to negotiate contracts with the subcontractors which relinquishes the City from the public bid process. He commented the City had already prepared for the public bid process. Councilmember Wellens stated part of the goal was to reduce the Staff's work load with regard to the renovation project, and relinquishing the responsibility for the bid process would have done that. Turgeon moved, Woodruff seconded, authorizing the publication of the request for proposal for the solicitation of proposals for an Owners Representative for the City Hall renovation project. Mayor Lizee thanked Staff for clearly identifying the pros and cons for the two methods. Motion passed 5/0. B. Approve Plans and Specifications and Authorize Advertisement for Bids for the City Hall Renovation Project Acting Administrator Brown stated the most recent plans and specifications for the City Hall renovation project had been distributed to Council this evening. He then stated Brian Lubben, with Collaborative Design Group (CDG) was present to discuss them. Mr. Lubben stated architectural stone veneer had been added to the "bump outs" of the exterior along the north face of the building and the west face of the building. Windows had been added to the Council Chambers. His firm continued with value engineering to ensure the total package stays within budget. He stated a lot of progress had been made on the plans and specifications during the last two weeks. He noted the construction period had been reduced to six months from seven months. He explained the SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 12 of 16 specifications include language which asks the contractors to propose a shorter construction period if they feel it appropriate, and that will be a condition when selecting the bid. The only item on the alternative bid schedule is the skylights in the center office area. The backup diesel generator is included in the base bid; he thought the cost to do so would range from $25,000 - $30,000. The fire suppression system is also included in the base bid. Councilmember Woodruff questioned what additional construction tune it would take to install the skylights because they would be an integral part of the roof structure and the existing structure would have to be changed. Mr. Lubben stated he did not think the time would increase but the sequencing would be more difficult; the contractor would likely work on that roof structure at the same time truss work was being done on the new portion of the building. The specifications included a number of guidelines for how things may have to be sequenced, and some of it will have to be finalized after a contractor is selected and a detail construction plan is prepared. There will be some level of disruption to staff. He noted the cost to install the skylights will likely be substantial. In response to a question from Councilmember Woodruff, Mr. Lubben stated the plans and specifications are complete but there are minor things (such as correcting spelling mistakes) that must be corrected. Woodruff commented that Staff had not had the opportunity to scrutinize the specifications, and he questioned how changes to the specifications would be handled. Mr. Lubben explained there is an addenda process to allow for corrections and that could continue to until June 30"' (the end of the question period). Acting Administrator Brown stated it was not uncommon to have 12 - 15 addendums for a project this size. Woodruff cautioned against a creeping elegance scenario. In response to a question from Councilmember Wellens, Mr. Lubben stated the City lead until the bid was awarded to determine if it did or did not want to have skylights installed. Acting Administrator Brown stated the design specifications specify the hold time between when the bids are opened and the bid is awarded. The faster the Council awards the contract the faster the contractor can finalize its subcontracts. Councilmember Wellens questioned the need for the backup generator. Councilmember Turgeon stated the City had discussed the need for a backup generator for years. Acting Administrator Brown stated in the past residents expressed concern with the fact City Hall was not functional during power outages. Turgeon moved, Bailey seconded, Adopting RESOLUTION NO. 08-045, "A Resolution Approving Plans, Specifications and Authorizing Advertisement for Bids for the Shorewood City Hall Renovation and Expansion, Project, City Project No. 08-06." Mayor Lizee stated she had received questions from residents wondering if the renovated building will be energy efficient, and if the City was being environmentally conscientious. She requested Mr. Lubben respond to those questions. Mr. Lubben stated the building was a fairly efficient structure because of the small windows in it; therefore, most of the walls are insulated. It may not be up to current standards, but it will be better than typical residential construiction. With regard to being environmentally conscientious, the City is reusing at least two-thirds of the building. All of the improvements will improve the energy efficiency. Motion passed 5/0. C. Appeal Sanitary Sewer Connection Appellant: Janet Sue Molin Location: 4405 Enchanted Point SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 13 of 16 Engineer Landini stated Janet Molin was sent a Notice to Connect to Sanitary Sewer, a provision of Shorewood's municipal code section 904, for property she owned located at 4405 Enchanted Point. Ms. Molin requested an exception for properties with private sewage disposal systems in existence prior to the construction of the sanitary sewer. Ms. Molin distributed a packet (a copy of which can be found on file) which contained her appeal; an aerial photo of the subject property; a copy of Sections 904.04, 904.05 and 904.06 of the Shorewood City Code; the Notice to Connect to Sanitary Sewer she received from the City; her appeal request letter; another letter from the City; and, another written response from her. Ms. Molin read her appeal statement. Following are the highlights of her appeal. There is a cabin on the property which is used less than 50 days per year, from Memorial Day weekend through Labor Day weekend; it is never used for more than seven consecutive days at a time. The cabin has a toilet and private sewage system which existed prior to the construction of the public sanitary sewer. The private sewage system is fimctioning as designed. City Code Section 904.05, Subd. 1, which is cited in the Notice to Counect to Sanitary Sewer she received, states "...connection to the public sanitary sewer shall be mandatory and required for all houses, buildings or properties used for human occupancy, employment, recreation or other purposes and which abut upon the public sewer." Section 904.06 specifically addresses properties with private sewage disposal systems. Section 904.06 Subd. 3.a provides a reasonable exception to connection. It states "The owners of all houses, buildings or properties which abut upon or are served by a public sewer and where cesspools and septic tanks have been in existence prior to the construction of the sanitary sewer shall connect with the public sewer when the septic tank and cesspools are in need of major repairs or construction." Ms. Moline stated she respectfully appealed the written order from the City Council requiring connection to the public sanitary sewer based on the grandfathered right provided to property owners in City Code Section 904.06 Subdivision 3.a, and she requested the use of the existing private sewage disposal system at 4405 Enchanted Point be allowed to continue as provided for in the current City Code. In response to a question from Councilmember Bailey, Acting Administrator Brown explained City Code Section 904.06 Subd. 3.b states "as a sewer becomes available to a property served by a private sewage disposal system, as provided in ~ 904.05 of this chapter, a direct connection shall be made to the public sewer". Brown stated there were inconsistencies between Section 904.06 Subd. 3.a and 3.b and he was not sure wliy the two conflicting statements were included in the Code. Councilmember Bailey stated the Code was ambiguous, and in the absence of some compelling public health issue it was difficult to understand the City's need to force the connection to the public sanitary sewer based on the ambiguity of the Code. Councilmember Woodruff suggested if City Attorney thinks there is ambiguity in the Code, then Council should decide what the Code should state and correct it. If need be, this matter of connecting to public sanitary sewer could be addressed once the Code was clarified. He questioned if there was overriding state or county legislation regarding sanitary sewer and Lakeshore residences. Director Nielsen explained that the Metropolitan Council wants either to leave the City force properties to connect to public sanitary sewer where available or to have the City establish an inspection and maintenance program for existing on-site disposal and treatment systems. The City has deferred testing septic systems to Hennepin County in the past. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 14 of 1.6 Councilmember Wellens asked Ms. Molin if she knew for sure her septic system was functioning as designed. Ms. Molin stated her septic system appears to functioning okay. In response to a question from Wellens, Ms. Molin stated to her knowledge the septic system had not been tested by Hennepin County. Councilmember Turgeon suggested the Planning Commission review the code. In response to a question from Mayor Lizee, Attorney Keane stated there was ambiguity in the Code. He explained Council could continue the appeal until it receives a report from staff. Keane stated Council could make a conditional determination; if the septic system was certified to current Hennepin County standards, Council may consider approving the appeal. Mayor Lizee stated she considered this to be a health issue. She suggested this be continued until there is clarification of the Code and Staff determines if there is any state or country legislation regarding septic systems on Lakeshore property. Woodruff moved, Wellens seconded, continuing the sanitary sewer connection appeal for 60 days to allow Council time to discuss the ambiguity in the City Code and to allow Staff time to determine if there is any overriding legislation regarding septic systems on Lakeshore property. Councilmember Bailey stated the Notice to Connect to Sanitary Sewer was based on the City Code and the appeal is based on the Code. Based on the information presented and the Code he would support granting the appeal. The Code was ambiguous. He was not opposed to discussing clarifying the Code or determining if there is other applicable legislation. He did think Ms. Molin's request should be satisfied this evening. Councilmember Woodruff stated he was not interested in establishing a precedent either yes or no. Motion passed 4/1 with Bailey dissenting. Discussion returned to Item 8.B on the agenda. 10. ENGINEERING/PUBLIC WORKS A. Award Contract for the 2008 Mill and Overlay Project This was discussed after Item 8.B on the agenda. Engineer Landini explained bid tabulation for the 2008 bituminous mill, overlays and appurtenant work for Apple Road, Blue Ridge Lane and Cathcart Drive were opened and tabulated on June 4, 2008. The low bidder was Midwest Asphalt Corporation in the amount of $155,672.30. Based on the other bids received, it appears that the costs for this project are reasonable. Landini stated this project will be funded by the Streets & Roadways Operating Budget which has $300,000 budgeted for street maintenance in 2008. This project puts the total for street projects in 2008 at $328,506.95, or an over-budget situation of $28,506.95. He reviewed different options for consideration. I . Accept the project as is and authorize expenditures in excess of the budget. 2. Reduce this project by $28,506.95 which is removing an equivalent to Blue Ridge Lane. SHOREWOOD CITY COUNCIL REGULAR MEETING 1VIINUTES June 9, 2008 Page 15 of 16 Reduce the sealcoat project by $28,506.95 which is removing an equivalent of all of Boulder Bridge and Eureka North. Landini stated Staff recommends the contract for the 2008 bituminous mill and overlays be awarded to Midwest Asphalt Corporation for an amount not to exceed $155,672.30. Director Burton stated there were ample reserves in the Local Street and Road Fund to cover the overage. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 08-046, "A Resolution Accepting Bid and Awarding Contract for the 2008 Bituminous Mill, Overlays and Appurtenant Work for Apple Road, Blue Ridge Land and Cathcart Drive, City Project no. 08-04." Motion passed 5/0. B. Authorize Expenditure of Funds for the Control Portion of the Design Build Contract for Amesbury Well Controls Acting Administrator Brown explained that on October 22, 2007, Council accepted the proposal for professional services by Instrument Control Systems (ICS) for the design build phase of the Amesbury Well Control Project. ICS has completed the design of the project and leas competitively bid out the components of the project. Tlie total amount quoted for the project is $109,123. This project was included as part of a 2005 bond issue for a conglomeration of projects. There is $1.28,378 remaining from that bond issue for this project. After taxes and any costs for telephone are factored into the project cost there would still be sufficient funds. Acting Administrator Brown stated Excel energy encouraged the design team to change the power source and transformer outside of the building at a cost of $8,000 - $12,000. After analysis, the design team decided the existing electrical service should remain and the control equipment will be designedto work with either power source. Turgeon moved, Woodruff seconded, authorizing the expenditure of funds from the Municipal Water Fund for the control portion of the design build contract for the Amesbury Well Controls. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Remodeling Project Update Acting Administrator Brown stated this had been discussed earlier in the meeting. 2. City Administrator Search Update Acting Administrator Brown stated there was a tour of the City scheduled for 2:30 P.M. on Friday June 13, 2008, for the City Administrator candidates and there was a meet and greet session. scheduled after that at the Southshore Center. The City's department heads, Councilmembers, Chairs of the Park and Planning Commissions, Attorney Keane, SLMPD Chief Litsey, EFD Chief Gerber, and Mound Fire Chief Pederson were invited. Interviews will be conducted on Saturday, June 14`'', by Council. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES June 9, 2008 Page 16 of 16 3. Update on Spring Clean-up Acting Administrator Brown stated he did not have the statistics from the spring clean-up with him this evening. He will distribute that information to Councilmembers the next day. Acting Administrator Brown stated there was an EFD joint member cities' councils budget work session scheduled for June 11, 2008, at 6:00 P.M., and there was a park tour schedule for June 12, 2008. B. Mayor & City Council Councilmember Woodruff stated he had received a notice from Metro Cities stating it would begin having meetings regarding various legislative issues. He planned to attend the revenue and taxation meetings again this year. Mayor Lizee thanked Woodruff for participating, and encouraged other Councilmembers to attend informational meetings. Councilmember Bailey thanked Director Burton for preparing a budget variance analysis report as had been discussed in a previous meeting. He requested the report be enhanced to calendarize the report. Burton stated she would attempt to do that. Mayor Lizee stated on her way to the meeting this evening she received a call from Dick Osgood, Executive Director of the Lake Minnetonka Association, regarding the three bay herbicide treatment project. Earlier in the day he and others had toured Carman, Grays and Phelps Bays and noticed a reduction in and dying of Eurasian watermilfoil. The native plant species are doing well. Another check will be done in 4 - 6 weeks. She then stated the Art on the Lake event held June 7`~' and June 8t~' was very successful and was well attended. 12. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Regular Meeting of June 9, 2008, at 10:09 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder 0~.~ . ~' Christine Lizee, Mayor ATTEST: ~~ ~. a rence A. Brown, Acting City Administrator/Clerk