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082508 CC Reg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER MONDAY, AUGUST 25, 2008 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff; Attorney Keane; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; and Director of Public Works Brown Absent: None Mayor Lizee introduced and welcomed Brian Heck, the new City Administrator. His first day of employment with the City was August 18, 2008. She highlighted his credentials. She thanked the Councilmembers, Staff and Sharon Klumpp, with Springsted Inc., for their efforts in the search for a new City Administrator. B. Review Agenda Wellens moved, Turgeon seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August 11, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of August 11, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, August 11, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of August 11, 2008, as amended in Item 9.A, Page 4, Paragraph 6, Sentence 2, change "and he had only spoken to him one time prior to that." to "and he had only spoken to him one time." and in Sentence 6 change "the owner of one of the firms lives in the City" to "the owner of one of the other firms lives in the City". Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES August 25, 2008 Page 2 of 13 A. Approval of the Verified Claims List B. Approval of the 2008-2010 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County (This was moved to Item 10.E under Engineering/Public Works.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR Councilmember Woodruff stated he had received a complaint from resident Gayle Luke regarding people spinning their tires in the Freemen Park parking lot. He requested Staff research the situation and determine if it is a problem, and if it is then provide Council with a recommendation for solving it. He received a suggestion from resident Tom Kelsey regarding the striping of Smithtown Road; Mr. Kelsey thought the striping should be done differently then the way it was done the last time. Mr. Kelsey referred to a trail ordinance in his suggestion. There was consensus to discuss the striping of Smithtown Road as part of Item I O.A on the agenda. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on the Joint Park Commission/ City Council Meeting and Park Commission Meeting Held August 12, 2008 Commissioner Hensley reported on matters considered and actions taken at the August 12, 2008, Joint Park Commission/City Council meeting and at the August 12, 2008, Park Commission meeting (as detailed in the minutes of those meetings). Councilmember Turgeon stated at the joint meeting she got the impression that some of the Park Commissioners did not know there was a master plan for the City's parks. She questioned if the Commissioners had looked at that plan. She stated the Park Commission discussed the possibility of hiring a consultant to help with creating a consistent design for modifications to the parks (e.g. shelters and signage). Commissioner Hensley stated the master plan did not include specific design criteria for shelters. The Commission's discussion involved the desire for uniform design. He then stated the Commission had also discussed what amenities should be in each of the parks. He commented that not all of the parks conform to the master plan and he thought the majority of the Commissioners had reviewed the master plan. SHOREWOOD CITY COUNCIL REGULAR MEETING 1VIINUTES August 25, 2008 Page 3 of 13 8. PLANNING Commissioner Hutchins reported on matters considered and actions taken at the August 12, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). Councilmember Woodruff stated approximately 60 - 70 days ago the Planning Commission held a public hearing regarding an amendment to the Comprehensive Plan with regard to nonresidential uses in Planning District 6. The owners of the properties located in Planning District 6, the owners of the commercial properties located on the south side of County Road 19 across from Planning District 6 and some of the surrounding residential property owners provided comment on the proposed amendment. The public hearing was continued for 60 days to allow the property owners time to hire an urban planner to prepare a development concept sketch for compatible property uses. He questioned if the City had received a development concept sketch plan. Director Nielsen stated the City had received a sketch plan. To date nothing has been done regarding a proposed change to the language in the Comprehensive Plan suggesting there could be other uses for the commercial properties. He noted the sketch plan will be considered at the September 16, 2008, Planning Commission meeting. The residential property owners will be re-notified of the public hearing. He stated at this time a possible amendment to commercial uses Planning District 6 is not causing the delay in updating the Comprehensive Plan. In response to a question from Councilmember Turgeon, Director Nielsen stated his revised timetable for having an updated Comprehensive Plan is November 2008 and the City will have to ask for an extension from the Metropolitan Council. A. Preliminary Plat -Petron Rearrangement Applicant: Karen Petron Location: 4845 and 4865 Suburban Drive Director Nielsen stated Karen Petron owns the properties at 4845 and 4865 Suburban Drive. She wants to convey a portion of the easterly parcel to her son, John, so that he can build a new home on the property. In order to do so she would demolish the home on the easterly lot and rearrange the property line between the two parcels, creating a new building site for her son's home. Because the property has been subdivided once already, the rearrangement requires a formal platting procedure. Ms. Petron has requested preliminary plat approval for the rearrangement. He then reviewed the preliminary plat of the proposed rearrangement. He noted the proposed rearrangement does not result in any new lots or additional homes; it simply reconfigures the existing lots. Nielsen explained the City's Zoning Code requires when properties capable of additional development are subdivided, the applicant must provide a resubdivision sketch demonstrating how the remainder of the property can be developed in the future. He noted it is not necessary to develop the property as illustrated in the sketch; this sketch will be incorporated into a development agreement as a guide for when the property ultimately develops. He then reviewed the applicant's resubdivision sketch. Nielsen stated as part of her request, Ms. Petron asks that the portion of Sunset Lane abutting her property on the north and a portion of Orchard Lane abutting her property on the south be vacated. He explained the City had previously considered the possibility of vacating Sunset Lane (a platted, but undeveloped right-of--way) before. It chose not to do so until a decision was made by the owner of the SHOREW®®D C1T~' COiJ1~CIL REGiJLAR Mt1ETING MINUTES August 25, 2008 Page 4 of 13 property in question, in case Sunset Lane would become the access to the property. Given the terrain of the area, the use of Orchard Lane would necessitate the least amount of site alteration. This decision being considered would allow Sunset Lane to be vacated. Although the applicant is only concerned with the portion ofright-of--way abutting her property, the City should now consider vacating the entire length of the right-of--way. He noted some portions of Sunset Lane had been vacated before. He explained when a property is vacated it goes back to the property it originally carne from; the north half would go to the property to the north and the south half would primarily go to the subject property. He stated the sketch also shows a portion of Orchard Lane being vacated, a good share of which is wetland area. The sketch shows the right-of--way can accommodate the potential resubdivision of the property to the south of the applicant's. He noted the street right-of--way vacations and the vacation of existing drainage and utility easements (new ones will be required as part of the final plat) will require a separate public hearing to be conducted by the City. Nielsen stated Staff and the Planning Commission recommend approval of the preliminary plat for lot rearrangement subject to the recommendations identified in the Staff report. Turgeon moved, Wellens seconded, approving the preliminary plat for lot rearrangement for Karen Petron for her properties located at 4845 and 4865 Suburban Drive. Motion passed 5/0. B. Conditional Use Permit Applicant: City of Shorewood Location: 5795 Country Club Road Director Nielsen stated at its August 12, 2008, meeting the Planning Commission recommended approval of a conditional use permit for the City of Shorewood for the temporary use of the City-owned house located at 5795 Country Club Road for City Hall operations during the renovation of City Hall. Since that meeting Staff has had discussions about the logistics of operating out of the house, and Administrator Heck will review the outcome of those discussions. Administrator Heck explained after discussions he and Director Brown came to the conclusion that the logistics of temporarily relocating to the City-owned house were more difficult, time consuming and costly (both hard and soft costs) than originally thought. There were also issues such as code compliance and ADA compliance, and the lead time it would take to bring voice and data technology to the house. After his discussion with Brown he was not totally convinced that temporarily relocating City Hall operations was the most effective and efficient way to do things. He spoke with Deputy Clerk Panchyshyn regarding the impact of construction noise on front-counter operations if operations remained at City Hall during construction. He and staff considered several alternatives for maintaining operations, and decided to remain at City Hall during construction. If that proves unworkable other options have been identified for consideration. He noted the contractor had indicated the construction timetable would not be improved if the operations were relocated because the construction would be done in stages. The contractor was not sure if that would result in significant costs savings; the savings would have to be from labor because material costs are fixed. Administrator Heck stated Staff is recommending the City withdraw its request for a conditional use permit, and the City lease the City-owned house until a decision is made about the long-term future of the 5795 Country Club Road property. SHOREW®OD CITY C®I110~CIL REGULAR MEETING 1VIINiJ1'ES August 25, 2008 Page 5 ®f 13 In response to a question from Mayor Lizee, Administrator Heck stated there is limited space and time available for front-counter operations at the Southshore Center and Staff recommends City Hall operations remain in one location. There was ensuing discussion about continuing the C.U.P. request for 30 days. Administrator Heck stated he was confident City Hall operations could continue in City Hall during the renovation. The biggest concern he has is minimizing the noise impact on the front-counter operations and the visiting public. Administrator Heck recommended Staff work with the City's leasing agent to find tenants for the City- owned house with an out clause in the lease. There was a request to have Staff seek a market evaluation for the 5795 Country Club Road property. Woodruff moved, Wellens seconded, withdrawing the City of Shorewood's application for a conditional use permit for the temporary use of the City-owned house located at 5795 Country Club Road for City Hall operations. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. RFP for General Legal Counsel Administrator Heck stated it was his understanding that Council had asked Staff to prepare a request for proposals (RFP) for professional general legal counsel services. The RFP provided in the meeting packet contains the revised RFP which includes the changes recommended at the August 11, 2008, City Council meeting. He noted the RFP will be revised to include adding Item VI, Legal Services Requirements: Legal services associated with personnel matters and union contracts; he had forgotten to include that change. Woodruff moved, Turgeon seconded, approving the request for proposals for professional general legal counsel services. Councilmember Bailey asked Administrator Heck if he was comfortable with the RFP, to which Heck responded yes. In response to a question from Mayor Lizee, Administrator Heck explained the recommendation for appointment would be made at the end of October 2008 and the services would be provided starting the beginning of 2009, depending on the current contract for legal counsel services. Motion passed 4/1 with Lizee dissenting. B. RFP for Professional Auditing Services Director Burton stated Council reviewed a draft request for proposals (RFP) for professional audit services at its August 11, 2008, meeting. No additional changes were recommended at that time. Burton reviewed a few highlights of the RFP. SHOREWOOD CITY C®tJNCIL REGUL,AI2 MEETING MINUTES August ZS, 2008 Page 6 of 13 a. Request for quotes for athree-year contract, with an option to renew for an additional three-year period. b. Screening of the proposals by athree-member Audit Selection Committee comprised of the City Administrator, the City Finance Director/Treasurer, and one Councilmember. The Audit Selection Committee would make a recommendation to the Council. c. The RFP would be posted on the League of Minnesota Cities' website in addition to soliciting proposals from selected firms. Burton explained the recommendation for appointment would be made at the end of October 2008 and the services would begin with the 2008 audit. Woodruff moved, Turgeon seconded, approving the request for proposals for professional general audit services. Councilmember Bailey asked Administrator Heck if he was comfortable with the RFP. Heck stated the RFP was similar to one used by the City of Lauderdale (his former employer). Motion passed 4/1 with Lizee dissenting. Turgeon moved, Wellens seconded, appoint Councilmember Woodruff to the Audit Selection Committee. Motion passed 5/0. C. Order for Removal or Repair of Hazardous Building - 21045 Ivy Lane Director Nielsen stated Council had been provided with two draft orders in the meeting packet. The first is an order to secure a hazardous building located at 21045 Ivy Lane and the second is an order for removal or repair for a building located at 21045 Ivy Lane; the owner would either have to apply for a permit to bring the building into compliance or demolish the building. He explained the City had received a neighborhood complaint about the building. The building had been damaged by fire two years ago. Nielsen then stated Staff recommended both orders be approved. He noted that copies of the draft orders had been sent to the property owner. Director Nielsen stated in an email to Staff Councilmember Woodruff questioned if 30 days was sufficient time to either repair or demolish the building. He thought it was sufficient time to demolish the building. It would likely not be enough time to repair the building, but it would be sufficient time to apply for a building permit and then appeal for additional time to complete the repairs. Councilmember Wellens stated he went to see the property. The grass on the property was approximately three feet high and the house was in disrepair. The surrounding properties and houses were very well kept. Wellens moved, Woodruff seconded, approving Order to Secure Hazardous Building City of Shorewood in the Matter of Hazardous Building Located at 20145 Ivy Lane. In response to a question from Mayor Lizee, Director Nielsen explained the property owner would have to apply for a permit to rehab the building and submit plans for what the rehab would entail. SHOREWOOD CITI' C®ITNC'IIL REGULAR 1!!IEET'II!'(; MINUTES August 25, 2008 Page 7 of 43 Motion passed 5/0. Wellens moved, Woodruff seconded, approving Order for Removal or Repair City of Shorewood in the Matter of Hazardous Building Located at 20145 Ivy Lane. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Paint Striping Director Brown stated the quotes for the 2008 Pavement Marking Project were opened and tabulated on August 20, 2008. He noted in 2008 the City will stripe 53,557 linear feet of street, six intersections and miscellaneous crosswalks. He stated the low quoter is Traffic Marking Service for an amount of $7,667.83. Based on other quotes received, the quote seems reasonable. He commented the firm has done striping work for the City before and it did quality work. He noted the project will be funded out of the Streets & Roadways Operating Budget which has $11,500 budgeted for 2008 striping. He stated the remaining funds would be used to stripe other things such as parking lots. Brown stated Staff recommends the contract for 2008 pavement marking be awarded to Traffic Marking Service in the amount of $7,667.83. Brown explained Smithtown Road was designed to state aid standards (i.e., each driving lane is 12 feet wide). The total paved surface is 30 feet wide and there had been athree-foot pedestrian area striped on the south side of the road. After the initial striping of the road the City had received comments about how it was striped. Residents stated the pedestrian area was 2 feet 9 inches wide not three feet wide. He explained the stripe is approximately 3 inches wide, accounting for the difference, and there can be some slight variance in location of the stripe (it is not precise). State aid standards allow a road to be striped as close as 6 inches to the edge of the pavement surface. When the road was originally striped, the stripe on the north side of the road was placed 12 inches from the edge of the road. Staff recommends the north stripe be placed 6 inches from the edge of the road, allowing the pedestrian surface on the south of the road to be slightly wider. He noted the north side of the road does not have a pedestrian area. Councilmember Turgeon stated she was positive that former Councilmember Zerby had suggested a compromise of a 4-foot wide area on the south of the road and a 2-foot wide area on the north of the road when it was determined that a trail could not be put in near the road. Councilmember Woodruff stated Tom Kelsey's email references an ordinance. He questioned if the City had an ordinance that specifically addresses Smithtown Road. Director Brown stated he was not aware of one. He commented when the Comprehensive Plan was last updated there had been discussions about whether or not the potential future trails should be addressed in the Plan. In response to a comment and a question from Councilmember Wellens, Director Brown stated pavement striping generally lasts one year. He explained the City would not begin to receive MSA funds again until 2012 and it will take some time before it accumulates sufficient funds to do any road reconstruction; Vine Hill Road issues will have to be resolved before that happens. In response to a question from Councilmember Woodruff, Director Brown stated Apple Road will not be striped as part of this effort as it had not been striped before. SIIOREW®OT9 CI'T'Y C®UNCIL REGTJLAT2 MEE'T'ING IVIINU'TPS August 25, 2008 Page 8 of 13 Woodruff moved, Turgeon seconded, awarding the contract for the 2008 Pavement Markings to Traffic Marking Service for an amount of $7,667.83. In response to a question from Park Commissioner Robert Hensley, Director Brown explained the pedestrian area on the south side of Smithtown Road should end up being 4 - 5 feet wide. Brown stated the intent was for pedestrians and bicyclists to both use the pedestrian area on the south side of the road. Motion passed 5/0. B. Approval of Change Order No. 2 for Water Meter Project Director Brown explained at its May 29, 2007, meeting Council awarded the contract for replacing a portion of the City's water meters and automated system to Northern Water Works. To date, 691 out of 1,366 water meters have been replaced. At its July 28, 2008, work session Council directed Staff to pursue a second phase of the project. Council had been provided with a proposed changed order from Northern Water Works to do Phase 2 for an amount of $74,900.34 (there is $75,000 budgeted for 2008 for this effort); this phase will replace approximately 279 water meters. Brown stated Staff recommends adopting a resolution approving change order 2 for the Water Meter Replacement Project. In response to a question from Councilmember Bailey, Director Brown stated when Council originally approved the project it understood it would have to be done in stages. When Phase 2 is completed, Staff will determine if the Water Fund will have sufficient funds to replace the remainder of the water meters. He commented the City hoped to have some increase in revenue from the water utility because of more accurate tracking of consumption with the new meters. Bailey stated at some point he would like to see a return on investment (ROI) analysis done for this project; and if there is a return then the remainder of the meters should be replaced. Wellens moved, Woodruff seconded, Adopting RESOLUTION NO. 08-059, "A Resolution Approving a Change Order 2 for the Radio Read Water Meter Project, City Project No. 07-04." Councilmember Woodruff stated he also would like to have Staff prepare an ROI analysis. Councilmember Turgeon stated she had recently read a newspaper article about cities who had replaced their water meters with radio read water meters and one of the benefits was a reduction in public works staff. The article also stated the new meters had batteries that had to be replaced periodically. She suggested funds should be budgeted in future years to replace the batteries and or equipment. Director Brown noted the cost of replacement batteries was researched when the project proposal was prepared. Motion passed 5/0. C. Accept Professional Services Contract with WSB and Associates, Inc. for Lift Station No. 15 Design Work Director Brown stated the 2008 Goals and Priorities include a project for the design portion of Lift Station 15 reconstruction. Completing the design phase in 2008 will allow the City to request bids during a very favorable bidding climate. The reconstruction would occur in 2009. Lift Station 15 is located at SHOREWOOD C1T~' COUNCIL REGiJLAR MEETING MINUTES August 25, 2008 Page 9 of 13 the intersection of Enchanted Point and Enchanted Lane; it receives ali the flow from Enchanted and Phelps Islands and discharges the flow to a Metropolitan Council owned system. Council has been provided with a quote from WSB and Associates for an amount of $20,301 for the design portion of the project (there is $28,000 budgeted in 2008 for this effort) and $9,255 for construction engineering services which would be included in the 2009 budget. Brown then stated Staff had received an email from Councilmember Woodruff suggesting this item be put out for bids. Councilmember Woodruff stated he suggested Staff ask for additional bids on the design effort because it was a standalone project. He then stated the Lift Station abuts either S1loreland or a wetland, and it appeared it did not satisfy the City's setback requirements. He questioned if there were any environmental concerns that had to be addressed, and if the City had the necessary easements. Director Brown explained the Lift Station was a utility and therefore allowed in a public right-of--way; this particular right-of--way is 33 feet wide. The concrete structure that houses the Lift Station is in tact; the electrical panels and hardware components need to be rehabilitated. A crushed rock entrance road will be constructed east of the Lift Station in the public right-of--way for safety reasons; it provides a safe area for construction areas to work and park. During the design phase there may be best practices of the Lake Minnetonka Conservation District identified which must be satisfied and agreements requiring the City to adhere to those practices may have to be prepared. Councilmember Turgeon stated she supported soliciting bids for the design phase of the project. In response to a comment from Councilmember Wellens, Director Brown stated the City was not obligated to get bids for professional design services. Mayor Lizee questioned if going out for bids would delay the construction phase of the project. Director Brown responded it would not. Councilmember Bailey asked Staff if it was appropriate to solicit bids for the design phase and if doing so would cause any complications. Director Brown stated there would not be any complications. Administrator Heck clarified that City will actually request quotes for professional services for the design phase; it would be requesting hourly rates for the scope identified. The City will not be required to take the low quote. Woodruff moved, Turgeon seconded, directing Staff to request quotes for services to design the reconstruction of Lift Station 15. Motion passed 4/1 with Lizee dissenting. D. Approve Plans, Specifications and Estimates for the SE Area Water Tower Rehabilitation Project Director Brown stated at this meeting Council had been provided with revised plans and specifications prepared by KLM Engineering for the rehabilitation of the SE Area Water Tower located at 5500 Old Market Road. He noted KLM Engineering specializes in elevated storage tanks and storage tanks. He also noted this project was started in 2005. Before the plans and specifications could be completed, the Amesbury Well controls had to be redesigned and the controls had to be close to time of installation. SHOREWOOD Cl'1'Y C®UNCIl. REGULAR MEETING MINt1'I'ES August 25, 2008 Page 10 of 13 Also, the Amesbury Well had to be removed and replaced to ensure there is adequate well capacity (i.e., there would be enough capacity to take the SE Area Water Tower out of service). Brown then stated the estimated cost for engineering and construction for this project is $275,250. A bond issue was performed in 2005 which included funding for the project for an amount of $300,000. If the resolution approving the plans, specifications and estimates and authorizing the advertisement for bids is adopted this evening the bid opening will be conducted at the Southshore Center on September 17, 2008, at 10:00 A.M. Brown explained Staff has to ensure adequate water flow will be available for fire protection services during the rehabilitation. The cellular carriers with antennas on the Tower will likely bring in temporary cellular facilities called cellular on wheels. Staff has worked with the City of Minnetonka to secure a commitment from that city to allow the City access to water from them should there be a serious fire flow issue. Brown stated Staff recommends Council adopt the resolution. Mayor Lizee stated she was pleased to see this project moving forward. In response to a question from Councilmember Woodruff, Director Brown stated there were no significant changes included in the revised documents distributed this evening. He stated a completion date of November 17, 2008, is specified in the contract. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-060, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for the SE Area Elevated Storage Tank Rehabilitation Project, City Project OS-04." In response to a question from Councilmember Wellens, Director Brown explained there will be some external welding on the Tower. At the start of construction arms will be welded on the Tower to hang drapes. Wellens then requested Staff verify the contractor has adequate insurance. Councilmember Bailey asked Staff to tell him what the worst case scenario impact could be to users of the system. Director Brown explained by delaying the project to the fall when there is less demand for water than there is in late spring and through the summer months there are more water reserves. Also, the City's water system can be supplemented by the City of Chanhassen's and the City of Minnetonka's water systems, and there is a link between the SE Area Water Tower and the Amesbury Well. He does not foresee how there could be any major catastrophe. Motion passed 5/0. E. Approval of the 2008-2010 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County This item was removed from the consent agenda at Councilmember Bailey's request. In response to a question from Councilmember Bailey, Director Burton stated Staff monitors recycling statistics such as number of households served and the recycling contractor provides the City with tonnage collected. In the past the City has satisfied the performance standards identified in the Municipal SHOREWOOD CITY COUNCIL REGOI,AR MEE'T'ING MINUTES August 25, 2008 Page 11 of 13 Recycling Grant Agreement and therefore has qualified for grants. Burton has no reason to believe the City would not satisfy the performance standards in 2008 - 201.0. Attorney Deane clarified the City is reimbursed based on tonnage recycled. Administrator Heck stated the agreement is similar to the contracts Hennepin County used in the early 1980's when the SCORE grants for curbside recycling were implemented; it hasn't changed much. Bailey moved, Wellens seconded, Adopting RESOLUTION NO. 08-058, "A Resolution Authorizing Signing of the 2008 - 2010 Municipal Recycling Grant Agreement between the City of Shorewood and Hennepin County." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck stated based on current information from the construction contractor for the renovation of City Hall, the contractor should be on site starting September 2, 2008, for preparation work and should start the actual renovation work the week of September 8, 2008. Director Brown reminded the Council and the Park and Planning Commissions to check the location of the various meetings on the monthly meeting calendar prepared and distributed by Deputy Clerk Panchyshyn. He stated staff parking (approximately 12-14 cars) will be limited to the parking lot to the north of the existing tennis courts during the renovation. Other Staff Reports Director Nielsen stated on behalf of Staff he commended Director Brown for the good job he did in fulfilling responsibilities as Acting City Administrator prior to the hire of Administrator Heck. Attorney Keane stated the City had been served with a complaint by Matthew Phillippi; the complaint was served and filed in Hennepin County District Court. Mr. Phillippi alleges the City was negligent in its design and construction of a stormwater facility that affects leis property, and he believes he was over charged for City fees when he sub-divided two of his properties. Keane stated there was an administrative error, and the City is currently processing a refund for the over charge. He did not think Mr. Phillippi needed to sue the City for a refund. Keane explained the complaint has been tendered to the League of Minnesota Cities Insurance Trust. Mr. George Hoff has been assigned to handle the complaint, and lle will work with the law firm Attorney Keane works for on this matter. Keane stated he will keep Council abreast of the situation. He noted Staff had given its assurance that there was no merit to the complaint. B. Mayor and Council Reports Mayor Lizee stated Tom Anderson, a former mayor of Deephaven and the President of the Friends of the Southshore Center was present this evening to provide an update on discussions regarding amending the Cooperative Agreement between the five member cities of the Southshore Center and the lease arrangement with the Friends. SHORE~V~OD CITY C®IT1i~CIi, I'aEGiT1.AR 19~1EE'TII~TG iVII1~TUTES August 25, 2008 Page 12 of 13 Mr. Anderson stated he refers to himself as the Acting President of the Friends. Mr. Anderson provided a historical recap on the Southshore Center and the issue at hand. In 1995 the member cities and some interested residents concluded the cities needed a place for the member cities' senior residents to meet and the cities agreed to build the Sourthshore Center. He commented most of the cities in Minnesota provide such a place. He explained the land on which the Southshore Center is built is owned by Shorewood and the facility is jointly owned by the member cities proportionate to each member cities contribution to the construction cost. Shorewood contributed 50 percent of the $622,000 the member cities spent to build the facility; the other four cities shared the other 50 percent of that cost. The Friends (a SO1C3 organization) contributed $100,000 to the project from funds it raised. Most of those funds were used to pay for the contents of the facility and some to offset a shortfall in construction funds from the member cities. The Friends are responsible to manage the facility and the programs at the facility. In 1996 the member cities and Friends reached an agreement where the Friends would be responsible for all of the costs associated with managing and maintaining the facility, even though the Friends did not have an equity share in the facility. At the time that arrangement was entered into there was an abundance of grant money and United Way State funding. Because the Friends were responsible for managing the facility the Friends were able to get grant monies from different sources to maintain the facility. Unfortunately, grant money is almost nonexistent and United Way funds have diminished. Senior Community Services (SCS), an organization who provided senior programs, had also contributed resources to the Friends to assist with rental activities, and it paid for some basic operations support. When SCS lost its contract with the Metropolitan Council for providing certain services, it informed the member cities and the Friends it would need an additional $50,000 in combined funding from the Friends and the member cities in 2008 to continue to provide senior programs. In 2007 the cities agreed to contribute an additional $25,000 and the Friends committed to raising an additional $25,000 for 2008. The Friends agreed to present a proposal to the member cities in 2008 on liow to solve the Southshore Center funding issue long term. Mr. Anderson stated there is consensus between the member cities and Friends that there should be a viable facility to house and fund senior programs. The Friends have drafted three proposals based on discussions with a Southshore Center working group comprised of representatives from the member cities. There was general consensus in the working group that the third proposal could work. There was working group consensus that the member cities own the facility and should be responsible for the long- term care and maintenance of the facility. The Friends, who are the renters of the facility, have an obligation to pay for the use of the facility (e.g. the utilities and soft costs). There was also consensus that the Friends should continue to manage the Southshore Center operations as the cities did not want to be in the rental business. The revenues from the leasing operations would be used to pay for some of the costs for utilities and soft costs; Friends fundraising will cover the remainder of those costs. Mr. Anderson stated hopefully there will be a proposal ready to present to the member cities' councils in the near future which will ask for the member cities to support an amendment to the member cities' cooperative agreement; that amendment would result in a change in the lease arrangement with the Friends. He explained based on records from the last twelve months, the operating costs for the Southshore Center were approximately $38,000; approximately one-half of those costs were for utilities and soft costs. Over the last few years the member cities' contributions totaled between $14,000 and $20,000, noting that the 2008 total contribution from the cities was approximately $40,000. The proposed amendment would stipulate the member cities' contributions would go into a capital fund for the long- term maintenance of the facility; they would not be used for utilities and soft costs. The Friends agreed to SHOREW®OD Ci'I'1' C®UNCIL REGULAR MEETING MINUTES August 25, 2008 Page 13 of 13 continue managing that fund on behalf of the member cities. The working group recommends each member city assign a representative to the Friends Board. Councilmember Woodruff stated a Lake Minnetonka Communications Commission (LMCC) ad hoc committee had been formed to research broadband access to homes and businesses in the LMCC communities. Representatives from Deephaven, Orono, Victoria as well as Shorewood have expressed interest in this subject. He is a member of the ad hoc committee. He then stated he is attending the Association of Metro Cities Revenue and Taxation Policy meetings. Councilmember Wellens asked Attorney Keane if it was appropriate for the Council to discuss Excelsior Fire District Fire Chief's performance evaluation. He stated if the Councilmembers did not have. any feedback for him it was a moot point. Attorney Keane stated Council could go into special session provided notice of the session was given. Councilmembers Turgeon and Woodruff stated they had no problem with the evaluation Councilmember Wellens wants to submit. Councilmember Bailey stated he had not received a copy of the completed evaluation form; therefore, he would defer to Wellens assessment. Mayor Lizee stated Wellens was asked to evaluate the Chief's performance because he was the City's representative this year on the EFD Governing Board. 12. ADJOURN Wellens moved, Woodruff seconded, Adjourning the City Council Regular Meeting Session Meeting of August 25, 2008, at 8:52 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder 4 Christine Lizee, Mayor ATTEST: inistrator/Clerk