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102708 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 27,2008 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 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; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Turgeon moved, Woodruff seconded, approving the agenda as presented. Mayor Lizee requested Item 9.F be discussed after Item 4 on the agenda. Residents of the Virginia Lake Woods subdivision were present this evening for that item. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 13, 2008 Wellens moved, Woodruff seconded, Approving the City Council Work Session Minutes of October 13, 2008, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 13, 2008 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 13, 2008, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. She noted under verified claims check #47346 was voided and check #47348 was added for CCS Contracting for the same amount as the voided check. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 2 of16 A. Approval of the Verified Claims List B. Schedule Date of Canvassing Board meeting (This item was moved to Item 9.G under General/New Business.) C. Adopting RESOLUTION NO. 08-070, "A Resolution Vacating Sunset Lane" and RESOLUTION NO. 08-071, "A Resolution Vacating Part of Orchard Lane." D. Adopting RESOLUTION NO. 08-072, "A Resolution Approving the Lake Minnetonka Communications Commission 2009 Budget." E. Change in Dates for Special Deer Removal Permit for the Minnetonka Country Club Councilmember Woodruff asked Staff to explain how a check was written to the incorrect vendor. Director Burton stated the invoice was submitted under the WSB & Associates letterhead because WSB was the reviewing agency for CCS Contracting's invoice. It appeared WSB was the vendor. Councilmember Turgeon asked Director Burton to research what check #47326 to Minnetonka Independent School 27 was for and to provide her with that information the following day. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Holli Johander, 27970 Smithtown Road, stated a sidewalk was installed on Smithtown Road on the Victoria side. She then stated she was present this evening to express her interest in having the sidewalk extended all the way to Country Road 19. She explained she had two small children that would use the extended sidewalk and she had friends whose children would also use the extended sidewalk. Discussion moved to Item 9.F on the agenda. 5. REPORTS AND PRESENTATIONS This was discussed after Item 9.F on the agenda. None. 6. PUBLIC HEARING None. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held October 14, 2008 Commissioner Norman reported on matters considered and actions taken at the October 14, 2008, Park Commission meeting (as detailed in the minutes of that meeting). In response to a question from SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 3 of 16 Councilmember Turgeon, Commissioner Norman explained if the City received the Cynthia Krieg grant to fund the installation of a small rain garden at Freeman Park, the Park Commission has discussed the possibility of installing it on the south side of Eddy Station. Director Brown stated he and Engineer Landini discussed the location after that Park Commission meeting, and he suggested additional locations also be considered for the rain garden. Brown noted the location did not have to be specified in the grant application. In response to another question from Turgeon, Brown explained the grant application could also be written without knowing the exact design of the rain garden. In response to another question from Councilmember Turgeon, Engineer Landini explained there were no funds budgeted in the 2008 Park operating budget to have sent Park Chair Davis to an out-of-town National Association of Parks and Recreation forum. Councilmember Woodruff suggested the Park Commission discuss if Council should consider budgeting funds to possibly allow someone to attend the 2009 forum rather than waiting to budget for it in 2010. B. Tennis Courts Reservation Policy Engineer Landini stated at its October 13, 2008, meeting Council discussed the possibility of the City charging a fee for organized sports and activities for tennis in the amount of $5 per court per hour effective for the 2009 tennis season and that the City not charge individual residents for reserving tennis courts. At that meeting Council requested more information regarding the management of reserving park amenities, and he stated he would provide Council the City's Park Priority Policy. He noted that Policy was included in the meeting packet. Landini then stated Dan Carlson, an instructor with the United States Tennis Association (USTA) and a Minnetonka Country Club (MCC) Pro, had approached the Park Commission and Community Rec Resources regarding the possibility of reserving Badger Park tennis courts four mornings and two afternoons a week during the summer of 2009. He noted Mr. Carlson was present this evening to discuss his request with Council. Mr. Carlson stated he owned and ran a tennis business called Carlson Tennis at MCC and he wanted to expand that business. His ability to reserve the Badger Park tennis courts for his business would be convenient. He explained the USTA has a program called Tennis Block Parties which the USTA helps fund. He will also try and solicit funding from other businesses in the community for that program. The intent of the Tennis Block Parties is to get more people interested in tennis by providing free tennis lessons to adults and children. He would promote the program partially through the school system. He would like to expand the offering of that program to all tennis courts in the City's parks. He indicated he had told the Park Commission that he anticipated using the Badger Park tennis courts for 14 hours a week to start to build the program. His goal is to have 300 children participate in the Tennis Block Parties program at the City-owned tennis courts and MCC combined. He noted there are grant funds available from UST A to help repair the tennis courts. Councilmember Bailey asked Mr. Carlson ifhis business was a for-profit business or was his intent to get more people interested in the game of tennis. Mr. Carlson stated his Carlson Tennis business was a for- profit business, but he also works with the UST A to promote interest in tennis. Councilmember Woodruff stated the City's Park Priority Policy regarding priontIzation of use of amenities focused on organized sports, and he did not understand how the Policy would apply to this request. The request is from a for-profit business which would compete with residents who would like to use the City-owned tennis courts on an ad hoc basis. He stated having read the Policy he still does not SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 4 of 16 know how the use of the courts will be allocated. He requested Council be provided with a more specific plan for prioritizing the use of the courts, limiting the amount of time Carlson Tennis can reserve the courts and identifying who would be eligible to participate in Mr. Carlson's program. Councilmember Turgeon stated she did not understand how the use of the tennis courts would be prioritized based on the City's Policy. She expressed concern that a for-profit business could have a higher priority regarding the use of park amenities than families, churches, schools, etc. Director Brown stated when the City's Policy was written it focused on organized sports. Staff is asking Council if it wants to include for-profit businesses as a priority and if so what priority should it have. Commissioner Norman stated when the request was presented to the Park Commission the Commission did not think it was necessary to write a new policy; the Commission thought the current policy would be sufficient. He noted the policy does address non-athletic facilities, such as shelters, at the City's parks. He stated after the first year of reserving the tennis courts using the current Policy the Commission would assess how the system worked and it would refine the process to address any issues. He noted the Park Commission had asked some of the same questions Council asked when it discussed the request with Mr. Carlson. He stated Mr. Carlson had informed the Commission that participants in his program would be a mix of adults and children and they would mainly reside in the City; he based that on the participants at MCC. Mr. Carlson stated he anticipated having a three-week program in the morning in June, July and August with a one week break in between each program. He then stated he could prepare a detailed schedule. Councilmember Bailey stated the program described was a broad-based program and on the surface it sounded very good. It's his understanding Council wants the Park Commission and Staff to draft something that encourages those types of activities with the possibility of generating some small amount of revenue. He would be uncomfortable if Mr. Carlson was proposing to teach individual lessons on City- owned tennis courts that reserved in advance. He thought the program would be good for the community. Administrator Heck stated it was his understanding that Council was asking Staff and the Park Commission to incorporate the specifics about prioritizing and reserving the use of the tennis courts by for-profit businesses, and to provide more specifics about this proposal. Councilmember Woodruff stated he thought he wanted to say yes to the request, but he was not sure what he would be agreeing to. He commented the proposal from 3rd Lair in 2007 for a skate-park program was well defined. Councilmember Bailey stated he wanted a separate category in the City's policy for for-profit businesses. C. Safe Routes to School Grant Application Directions Engineer Landini stated the City received a postcard from Bolten & Menk regarding a grant that is available through the Safe Routes to School (SRTS) program created by the Federal Surface Transportation Act. At its October 14, 2008, meeting the Park Commission discussed the program and directed Staff to prepare an application for the grant for review at its November 18, 2008, meeting. The Commission suggested the grant funds be a used to create a trail from Country Club Road to Eureka Road along Smithtown Road. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 5 of 16 Landini explained that after reviewing the application process Staff determined there are two components to the grant; an infrastructure component and a non-infrastructure component. The maximum grant for infrastructure projects is $175,000 and the maximum grant for non-infrastructure projects is $20,000. There is no stipulation that some amount of the grant would have to be matched by the City. The trail would be an infrastructure project. One idea for the use of non-infrastructure funds is an educational radar speed sign posted in the Minnewashta Elementary School zone. The School Superintendent would have to supply a letter of concurrence for the grant application. Landini then explained that in 2000, Staff evaluated constructing a trail along Smithtown Road and the ownership of land that would be needed to construct a trail along. There are 11 properties on the south side of the road or 12 properties twelve properties on the north side of the road where easements would have to be acquired for this segn1ent of trail. Purchasing or condemnation for easements plus construction costs would exceed the infrastructure grant maximum. Landini stated the Park Commission had recommended Council direct Staff to prepare a grant application for the SRTS Grant. Staff recommends pursuing the non-infrastructure component at this time. Mayor Lizee stated it was nice for Bolten & Menk to make the City aware of the SRTS program. The program has been discussed in both Time and Newsweek magazines; on television programs; and she heard US Representative James Oberstar discuss this program on Minnesota Public Radio. She related the Minnetonka School District has discussed changing its policy regarding busing of students. If a student lived within two miles of school the student would have to walk or get a ride to school or pay $100 to be bused to school for a school year. In response to a question from Councilmember Woodruff, Engineer Landini stated the grant application for the non-infrastructure component would have to be fairly specific about what the City proposed doing. Landini noted he had contacted School representatives who informed him they would get back to him by the end of the month with ideas for use of grant funds. Woodruff stated he could support preparing a grant application for the non-infrastructure component, but when the topic of constructing a trail along Smithtown Road was discussed a number of years ago it was found to not be feasible because the City does not own enough right-of-way. The City would either have to buy the land or take it through eminent domain. Councilmember Turgeon questioned how constructing a trail from County Road 19 to Eureka Road would make a safe route to school. The trail would not go all the way to the School. In response to a question from Councilmember Turgeon, Director Brown stated in order to construct a trail all the way to the School the City would have to require easements from approximately 40 property owners. He then stated the City receives many calls regarding speed issues on Smithtown Road from parents with children attending the School and from the Minnetonka School District. Installing a speed advisory sign by the School would be very beneficial. Councilmember Woodruff suggested one be installed on each side of Smithtown Road. In response to a question from Councilmember Wellens, Engineer Landini stated based on his limited experience in preparing grant applications for the City he estimated it would take ten hours of his time and ten hours of Julie Moore's time. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 6 of16 Councilmember Wellens questioned if $20,000 in grant funds for non-infrastructure projects could be used to purchase easements. Mayor Lizee stated based on information on a website that would not be considered a non-infrastructure use. Wellens moved, Bailey seconded, directing Staff to prepare a grant application for the non- infrastructure portion of the Safe Routes to School Grant. Motion passed 5/0. 8. PLANNING Commissioner Ruoff reported on matters considered and actions taken at the October 21,2008, Planning Comn1ission meeting (as detailed in the minutes of that meeting). A. Thomson Driveway Setback Variance Applicant: Robert Thomson Location: 5050 Suburban Drive Director Nielsen stated Council discussed the driveway setback variance request of Robert Thomson, 5050 Suburban Drive, at its September 22, 2008, meeting. The variance request was continued to this meeting to provide Mr. Thomson and Denis and Michelle Tierney, 5060 Suburban Drive, additional time to reach agreement on an easement and maintenance agreement for their shared driveway. Nielsen explained Mr. Thomson's property is a "flag lot". It's approximately 15 feet wide where it abuts Suburban Drive and for approximately 200 feet back onto the lot; the lot then widens. It was originally thought that the narrow part of the lot was 16 feet wide. The driveway currently serving Mr. Thomson's house also serves the Tierneys' property. It straddles the property line between the two lots with more of the driveway being on Mr. Thomson's property in some places. Mr. Thomson has requested a driveway setback variance so he can have a driveway constructed entirely on his lot. The City has a five foot setback requirement for driveways. Nielsen then explained Mr. Thomson proposed constructing a 10-foot-wide driveway. Staff recommended the driveway be a minimum of 12 feet wide and that it be paved for at least the narrow portion of the property. A 12- foot-wide driveway would only allow a setback of two feet or less on each side of the driveway. Nielsen went on to explain the Tierneys would have to construct their own driveway at great expense to them if the shared driveway was eliminated. He related the Tierneys had stated they would have to bring in a tremendous amount of fill to level out the north end of their property so they could construct a driveway there, and the additional fill would necessitate taking down a number of trees. The Tierneys think the additional fill would likely have a negative impact on drainage in the bowl-shaped area of their property; the bowl-shaped area fills up with storm water after a heavy rain. Nielsen stated Staff met with Mr. Thomson and the Tierneys on October 9, 2008, to try and determine if there was any common ground for resolving the driveway issue. Both parties indicated they appreciated the City's efforts, but Mr. Thomson decided to continue with his variance request. Nielsen explained the 120 review period for Mr. Thomson's application will expire before the next scheduled Council meeting; therefore, Council must take action at this meeting. Staff has prepared two draft resolutions with the same findings of fact. One resolution grants the driveway setback variance with conditions and the other denies the setback variance. One of the conditions is the driveway could not be SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 7 of 16 any closer than two feet from the property line on the south which would result in it being one foot from the property line on the north in some places. Nielsen stated Mr. Thomson is not present this evening and he was aware Council would take action of the request. He noted the Tierneys were present. Councilmember Bailey stated his position is the same as it was when this request was discussed the last time; this would not be a good use of the Council's variance authority. He then stated he assumed the Tierneys are still willing to grant a permanent easement for the shared driveway. Bailey moved, Woodruff seconded, denying the setback variance. Councilmember Woodruff questioned where plowed snow would be placed if there was a two-foot or less easement on each side of the driveway. Other variances have been denied for that reason; therefore, he did not think the variance should be granted. Councilmember Wellens stated he had sent an email to Staff questioning if the City could be found liable for denying just and reasonable use of a property. Attorney Keane stated he understood Wellens to be questioning if the City is at risk denying the variance request because the applicant has an entitlement to this variance. Wellens stated the applicant may not be able to sell his property if he does not have a private driveway. Keane stated the standards and criteria for granting a variance under Minnesota law are fairly evenly applied throughout municipalities. The City's findings for granting a variance track well with the statutory findings. The basic requirement is establishing a hardship; a hardship is when a property owner cannot put their property to reasonable use without a variance. Council is accorded great latitude with reaching a conclusion of finding or not finding hardship. The applicant's property has been put to reasonable use. The shared driveway is well established. He did not think there is a risk to the City in not finding a hardship. Motion passed 5/0. Attorney Keane suggested Council adopt the resolution included in the meeting packet. Bailey moved, Woodruff seconded, Adopting RESOLUTION NO. 08-073, "A Resolution Denying a Setback Variance for Robert Thomson, 5050 Suburban Drive." Motion passed 5/0. B. TTM Corporation C.U.P. Applicant: TTM Corporation, Inc. Location: 5500 Old Market Road Director Nielsen stated the applicant has asked to have this matter continued for 30 days. There have been some modifications to the request. Nielsen described the request that was submitted. He stated Telecom Transport Management, Inc. (TTM) has applied for a conditional use permit to locate telecommunications facilities at 5500 Old Market Road. The property is the site of the City's SE Area Water Tower. TTM proposed erecting three telecommunications dish-style antennas into the rail system at the top of the Tower. Two of the antennas would be two-foot in diameter and one would be one-foot in diameter. The proposed antennas would be microwave antennas and, if approved, would be the first allowed on either of the City's water towers. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 8 of16 The purpose of this type of antenna is to boost the transmission capacity between telecommunications provider's towers. The control panel for the array is less then four feet wide and less than two feet deep. Nielsen stated the request does require a conditional use permit (C.u.P.) under the City's Ordinance. Nielsen stated Staff recommends the request be continued to the November 24, 2008, Council meeting. The City will send out a notice with regard to the 60-day-review process rule because the request will take longer than 60 days. Debra Weiss, representing the applicant, explained TTM has applied for and received a Utility Niche Permit from the State of Minnesota. TTM provides utility services wirelessly. Most of the TTM sites have one or two antennas and the technology uses line of sight for transmission. There are line-of-sight issues for two of the three proposed antennas; therefore, the request will be modified to propose one antenna two feet in diameter and the panel will be modified. In response to a question from Councilmember Bailey, Ms. Weiss explained the antenna transfers data to the main switch. The technology is similar to a T -1 line but it communicates wirelessly in a line sight. The technology can be placed between two telecommunications carriers because its technology is small in size. TTM transmits data for telecommunications carriers. Woodruff moved, Turgeon seconded, continuing the request for a conditional use permit for Telecom Transport Management, Inc. to locate telecommunications facilities at 5500 Old Market Road on the Southeast Area Water Tower to the November 24, 2008, City Council regular meeting. Motion passed 5/0. Councilmember Woodruff stated the City's Ordinance focuses on the number of antennas and pricing for locating the antennas on City towers. There is no provision for charging for related equipment located on the ground nor is there any control over the amount of ground space used. He recommended the Ordinance be modified to address ground space. He stated that modification did not have to be completed before the November 24th meeting. In response to a question from Councilmember Bailey, Director Nielsen explained the City's pricing policy is a fixed rate for a fixed number of antennas plus additional charges for more antennas. The City does not charge for associated ground facilities. Bailey questioned if the City could charge for ground space. Nielsen stated the City could do that, but the value in the rental operation to telecommunications companies is in vertical space. Nielsen explained the telecommunications equipment has gotten much smaller over the years. He commented TTM has very small equipment. Bailey questioned if the City could put all of its space out for bid and rent it to the highest bidder. Nielsen commented the City's Ordinance requires telecommunication carriers to co-locate. C. Comp Plan Deadline Extension Director Nielsen stated Staff is requesting an extension of the December 31, 2008, deadline for submitting the City's Comprehensive Plan (Comp Plan) Update. Staff was originally going to request a 2 2.5 month extension from the Metropolitan Council (Met Council), but Met Council representatives suggested the City request an extension to May 29, 2009, which is the longest extension Met Council staff can grant on an administrative basis. It's still Staffs goal to submit the update by mid-to-late February 2009. He explained the biggest reason for the request was his underestimating the scope of effort to do the update. It's a fairly minor update for the City's changes, but there are Met Council SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 9 of 16 requirements that require additional mapping. He noted a number of Planning Commission meetings that had been canceled, and the Planning Commission chose not to reschedule its meeting scheduled for general election day. Turgeon moved, Bailey seconded, Adopting RESOLUTION NO. 08-075, "A Resolution Requesting Additional Time within which to Complete Comprehensive Plan 'Decennial' Review Obligations." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Annual Appreciation Event Administrator Heck stated a committee has been working on planning the 2008 employee and volunteer appreciation dinner. The committee is suggesting the Minnetonka Country Club as the location for the event and a tentative date of December 5th has been set. The invitation list this year includes regular part- time staff and guests. Heck stated the committee is also suggesting reinstating the past practice of awarding 'gifts" for years of service starting at 10 years and then every five years thereafter. The recommended gifts are as follows. Years of Service Hours Off Granted Monetary "Gift" Framed Certificate 10 10 Yes 15 15 Yes 20 20 $50 gift card Yes 25 25 Yes 30 30 $75 gift card Yes 35 35 Yes 40 40 $100 gift card Yes Heck stated he recommends Council approve holding the staff and volunteer appreciation dinner on December 5, 2008, and approve awarding staff for years of service with the "gifts" discussed above. Councilmember Woodruff suggested an employee receive a $25 gift card for 5 years of service. He also suggested the hours off granted be adjusted to 8-hour increments because it would be easier to administer. For 10 and 15 years of service an employee would get eight hours off; for 20 and 25 years of service an employee would get 16 hours off; for 30 and 35 years of service an employee would get 24 hours off; and for 40 years of service an employee would get 40 hours off. In response to a question from Councilmember Bailey, Administrator Heck stated the City does not currently award time off for years of service. Bailey questioned if award time off for years of service was typical. Heck stated it was somewhat unique. He thought it was a meaningful reward because people value time off. Mayor Lizee stated she thought the time-off award would be more meaningful to employees because it was the employees who came up with the idea. She attended part of a staff meeting and she observed that time off was a motivator. She then stated the City has excellent and dedicated employees. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 10 of16 Councilmember Bailey stated he was not questioning the appreciating dinner or the gift cards. He thought granting time off for years of service would be too expensive. If awarding time off for years of service was common he would not have such an issue with it. Councilmember Wellens stated he thought awarding time off for years of service was extremely lavish. Employees will have an opportunity to receive a merit based salary increase in addition to a cost-of- living increase in 2009. He recommended the time-off award be eliminated. He was in support of having an appreciation dinner and the monetary awards. Councilmember Turgeon stated she was not in support of awarding time off for years of service and that should be eliminated. She suggested there be a gift-card award for 5, 10, 15,20,25, 30, 35 and 40 years of service. She suggested Staff revise the service award proposal and bring it back to Council for consideration. Woodruff moved, Turgeon seconded, approving holding a Staff and volunteer appreciation event on December 5, 2008, and directing staff to revise the year-of-service award proposal. Motion passed 5/0. Administrator Heck recapped the direction he thought he received with regard to the service award proposal. The time-off awards would be eliminated and a monetary gift will be added for all five-years- of-service increments and the amounts adjusted. B. City Administrator Performance Assessment Administrator Heck stated prior to his assuming his position with the City, Council worked with Staff to develop a performance evaluation form for the city administrator position. Before the form was finalized Council requested the new city administrator (him) be provided an opportunity to review the fOffi1 and recommend changes he thought appropriate, and to recommend an assessment process for the Council to use. Heck explained there are generally five main areas covered in performance evaluations. They are technical ability, attitude and behavior, social skills, task completion and quality of work. Most organizations include one or more of those categories in an evaluation form. The draft city administrator evaluation form consists of eight sections and most of the sections address general attributes. He stated he would be comfortable using the draft form for his first evaluation. He recommended a section titled 'Personal and Professional Growth and Development' and a section titled 'Peer/Business Partner Review' be included. He stated the meeting packet included his suggested forms for the two additional sections. Heck recommended the following process for his performance evaluation. Each Councilmember should complete the revised evaluation. Each department director should have the opportunity to complete the evaluation form. All completed forms should be forwarded to a to-be-selected Councilmember for compilation. The compiled information will be discussed with him in an executive session with all Councilmembers present. Councilmember Woodruff suggested in the Peer/Business Partner Review section the statements "Efforts made to meet the needs and expectations" be changed to "Accomplishments and opportunities for improvement" . SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 12 of 16 Council member Woodruff stated Council has not agreed to what the merit pool should be, noting the $30,000 allocated in the draft 2009 General Fund budget is a placeholder. It was his recollection that the non-union salary base is approximately $1.2 million, and two percent of that base would be approximately $26,000. The 2008 merit pool was $20,000. He suggested the merit pool be determined based on a fixed percent of the non-union salary base. He stated he thought performance evaluation training for Heck's direct reports was very important; therefore, he recommended the cost for that training be a separate line item. He then suggested the total combined cost-of-living increase and merit increase amount not exceed five percent of the 2008 non-union salary base, including minimum salary range adjustments. Council member Bailey commented that in the private sector some increases were in the two percent range. Councilmember Wellens suggested the merit pool be two percent of the 2008 total non-union salary base and that performance evaluation training be funded out ofthat merit pool. There was Council consensus to calculate the merit pool based on two percent of the 2009 total non- union salary base and performance evaluation training would be funded out of the merit pool. D. Comparative Communities Administrator Heck stated it is common practice to compare with other communities to arrive at salaries, benefits, etc. The primary characteristic considered when selecting a city for comparison is population size, followed by location relative to the city and tax capacity. He explained 17 communities with populations the size of 3,367 - 25,065 were included in the market analysis for wages and salaries conducted in 2006/2007. He does not think cities with populations well over 10,000 (e.g. Chanhassen, Hopkins, Prior Lake, Savage and White Bear Lake) are comparable to Shorewood. He thought better comparisons are communities in the metropolitan area with populations the size of 4,000 - 10,500. The communities he proposed to include are Arden Hills, Deephaven, Lake Elmo, Little Canada, Hugo, Minnetrista, Mound, Orono, Spring Lake Park, St. Anthony Village, Victoria, Waconia and Wayzata. Those communities in the area provide for an excellent mix. He thought Deephaven should remain in the mix because it borders Shorewood. He stated when Hugo, Lake Elmo, Minnetrista, Victoria and Waconia populations grow to exceed 10,500 he recommended they be removed from the list. Councilmember Wellens stated he thought comparing to 13 cities was too many. Administrator Heck stated it was relatively easy to gather the data; therefore, he recommended keeping the list the way he recommended. E. Residential Survey Administrator Heck stated prior to assuming his position, then Acting Administrator Brown gathered information about conducting a City-wide survey for Council to review. Brown also requested a proposal from Decision Resources, LTD. Council decided to delay conducting a survey until a new City Administrator was hired. He explained he has met with each Councilmember to discuss what they hoped to achieve from a City-wide survey. Each Councilmember stated they wanted a survey that provided tangible information. Heck then stated from his vantage point having a firm such as Decision Resources conduct a professional analysis may be more than is necessary. Staff had briefly talked about conducting a survey using one of SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 13 of 16 the existing internet survey services for roads, park and open space, recreation, City communications and general customer service related issues. If the City subscribed to an internet service, it could target its survey and it could conduct multiple surveys. A questionnaire could be included with residents' utility bills, a survey could be posted on the City's web site, a survey could be distributed in print and the data from the survey entered into a computer, etc. Generally people who have an issue with a particular item have a greater tendency to return a survey on that topic. Heck went on to state he learned of a "visioning" process for the South Lake Minnetonka Area beginning in March 2001 and the final report being accepted by Council in April 2003. That process included focus groups, individual interviews, workshops, in-home interviews and an internet survey. There were items included in that survey that Council has expressed interest in knowing about. He noted this evening he provided Council with a copy of the report, and he thought it may answer some of the questions Council has. He suggested Council review that document before any decisions are made about moving forward with a survey. Councilmember Woodruff stated there are residents, in particular senior citizens, who do not have access to the internet. That must be taken into consideration when selecting a method for conducting the survey. He suggested this topic be deferred for further discussion until 2009 when the incoming council is place. Councilmembers Turgeon and Wellens concurred. F. Street Light Request - Virginia Cove/Smithtown Road Intersection This item was discussed after Item 4 on the agenda. Director Nielsen stated at its October 13, 2008, meeting the Council was presented with a petition from a property owner in the Lark Virginia Woods subdivision for a street light at the intersection of Virginia Cove and Smithtown Road. He explained the petition complies with the City's street light policy with regard to intersections; it cites vehicular and pedestrian safety as the reason for the proposed light. All property owners within 500 feet ofthe intersection were notified that Council would consider this request at its October 13 2008, meeting. He noted the City had not received any correspondence opposing the street light location. He stated at the October 13th meeting Council asked Staff to research how many property owners were making the request. He explained all of the residents living in the subdivision have petitioned for the light, noting there are four houses currently occupied. Nielsen then stated Staff recommends approval of the light. A resident from the Lake Virginia Woods subdivision stated another resident moved into the subdivision after the petition was submitted and that resident was in favor of installing a light. That same resident also stated they were in support of installing a walking path along Smithtown Road. Another resident thanked Council for considering this item. Turgeon moved, Bailey seconded, approving the installation of a street light at the intersection of Virginia Cove and Smith town Road. Motion passed 5/0. Discussion returned to Item 5 on the agenda. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 14 of 16 G. Schedule Date of Canvassing Board meeting This item was removed from the consent agenda at Mayor Lizee's request. Mayor Lizee stated it's proposed that the Canvassing Board meet on November 5,2008, begin at 6:15 P.M. She suggested the meeting be held immediately after the close of the regular work day. She explained Deputy Clerk Panchyshyn will have had a very long day on Election Day and she would like Panchyshyn to be able to go home as soon as possible on November 5th. She noted both Panchyshyn and Administrator Heck have to be present at the meeting. She also noted the Canvassing Board had seven days to canvass the results of the election. Councilmember Turgeon stated she still wanted to interview legal firms after that meeting. Mayor Lizee noted that she has prior commitments the evening of November 5th and she will not be able to participate in the interview process. There was consensus for the interview process to begin at 5:30 P.M. Turgeon moved, Wellens seconding, scheduling the time and date for the Canvassing Board meeting for 5:00 P.M. on November 5, 2008. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Authorize Expenditure of Funds for Easement at 24295 Wood Drive Engineer Landini stated the storm sewer pipe at 24295 Wood Drive is in need of replacement. He explained when the property was platted in the 1950's an easement was not obtained over the pipe. The property owner is in verbal agreement to grant the City a Drainage and Utility Easement over the pipe. The City requested quotes from three survey firms to delineate an easement and provide the legal description for an easement to cover the pipe. Quotes were received from Bolton & Menk $900, WSB & Associates quoted $910, and Sunde Lund Surveying $1500. Quotes have been requested from contractors to replace the pipe and will be presented to Council at a later date. Landini then stated the 2008 City Engineer Support Services Operating Budget has allocated $5,000 for contractual services. Staff requests authorization to enter into contract with Bolton and Menk to perform those services for an amount not to exceed $1,500. Woodruff moved, Turgeon seconded, approving the expenditure of funds out of the 2008 City Engineer Support Services Operating Budget to contract with Bolton and Menk for services to delineate an easement and provide the legal description for an easement to cover an existing storm sewer pipe for an amount not to exceed $1,500. Motion passed 5/0. B. Accepting Low Quote and Awarding Contract to Successful Low Quoter, City Project 08-01 Engineer Landini stated the meeting packet contained the Estimate Tabulation for the Building Demolition portion of the 2008 Woodhaven Well Demolition Project, noting the quotes were opened and tabulated on October 22, 2008. He explained the specifications were sent to five contractors, inviting them to quote on the project. The City received quotes from three of those contractors. The low quote from Veit Companies in the amount of $5,383. The 2008 Water Enterprise Budget has $18,000 allocated SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 15 of 16 to complete the demolition, and $12,490 has already been used to abandon the well. The total cost of the project will be $17,873. Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO. 08-076, "A Resolution Accepting Quotes and Awarding Contract for Building Demolition Portion of the 2008 Woodhaven Well Demolition Project." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. The foundation and block walls are in place for the addition. The floor trusses have been delivered. Drain tile work has been completed on the south end of the building, and has been started on the north end. The intent is to have the walls up around the outside of the south end of the building by the end of October. Internal and external drain tile have to be installed on the slab on the north end along with sand and a concrete floor. Work has been started on removing siding on the existing building. Other Staff Reports Administrator Heck stated he met with Excelsior City Manager Krueger and Tonka Bay Administrator Loftus to begin discussions about the possibility of sharing services. Councilmember Woodruff questioned if Excelsior has decided what to do about its City Hall. Administrator Heck stated it is his understanding that minimal remodeling will be done. Director Brown provided an update on the SE Area Water Tower rehabilitation. Work on interior and exterior blasting has been started, noting the windy weather has slowed the exterior blasting progress. The contractor verbally requested authorization to work on Sundays, to which he was told no verbally. It is likely the contractor will make a verbal request to the City. He explained after the interior has been coated it will take approximately 3 - 4 weeks to cure. He stated there are three crews working on the project, and the project consumes a great deal of inspection time and time to monitor progress. He noted the intent is to paint the exterior the same color as it is currently painted (Tear Drop Blue). There was consensus to keep the color the same. B. Mayor & City Council Mayor Lizee stated from 10: A.M. - Noon on November 15, 2008, the Excelsior Fire Department, the South Lake Minnetonka Police Department and the South Tonka League of Women Voters are hosting an Emergency Preparedness Seminar for residents. The forum is free of charge and residents are asked to register at rureadv@mchsi.com. People will learn the role of citizens, fire and police departments in the event of an area wide disaster. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES October 27, 2008 Page 16 of 16 12. ADJOURN Woodruff moved, Wellens seconded, Adjourning the City Council Regular Meeting of October 27, 2008, at 9:05 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: