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020909 CC Reg MinCITY OF SHO WOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 9, 2009 MEETING 1. CONVENE CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTIIS O CENTER 7:00 P.M. Mayor Lizee called the meeting to order at 7:07 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None. B. Review Agenda Councilmember Turgeon requested Council have a brief discussion about putting estimated start times on agenda items. Mayor Lizee stated this could be discussed as part of Item 11.13, Mayor and City Council. Engineer Landini suggested Item 5.13 be discussed before Item 5.A for technical reasons. Turgeon moved, Woodruff seconded, approving the agenda amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 26, 2009 Bailey moved, Woodruff seconded, Approving the City Council Work Session Minutes of January 26, 2009, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, January 26, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Meeting Minutes of January 26, 2009, as amended in Item 1, Page 1, Paragraph 1, Sentence 1 change "Acting Mayor Lizee called" to "Acting Mayor Turgeon called". Councilmember Zerby distributed changes he wanted made to three paragraphs in the minutes regarding the appointment to the Lake Minnetonka Conservation District Board discussion. Councilmember Woodruff stated if Zerby's changes were added, he wanted more detail added to the latter part of that discussion. Zerby's comments are accurate but the minutes lacked some of the verbal exchange. He requested the Recording Secretary reconstruct the discussion. Councilmember Turgeon stated she thought the minutes accurately summarized the conversation. Zerby stated the statements he wanted added were part of an article published in the Sun Sailor Newspaper. The maker and seconder withdrew their motion. SHO WOOD CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 2 of 16 Zerby moved, Woodruff seconded, continuing the approval of the City Council Meeting Minutes of January 26, 2009, to the next Council regular meeting. Motion passed 5/0. C. City Council Work Session Minutes, February 2, 2009 Bailey moved, Turgeon seconded, Approving the City Council Work Session Minutes of February 2, 2009, as amended in Item 2, Page 3, in Bullet 5 (Website enhancements) change "for gentling" to for gently"; in Item 2, Page 4, in Bullet 9 (Police Budget Process) change "Change the name to public safety budget process and include a verb in it." to "Change the name to public safety budget process to include police and fire departments and include a verb in it."; and in Item 3, Page 6, Paragraph 1, Sentence 3, change "Councilmember Zerby stated he thought Council was only going to review the first two chapters so he had not reviewed the other chapters." to "Councilmembers Zerby and Woodruff stated they thought Council was only going to review the first two chapters so they had not reviewed the other chapters". Motion passed 5/0. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Woodruff moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Licenses Issued List C. Authorize Expenditure of Funds for External GPS Antenna D. Authorize Expenditure of Funds for Training (This was moved to Item 9.13 under Engineering/Public Works.) E. Utility Payment Drop Box Approval (This was moved to Item 9.C under Engineering/Public Works.) F. Adopting RESOLUTION NO. 09-0089 "A Resolution Granting Preliminary Plat Approval for Wildwood for Synergy land Company, LLC. G. Park Coordinator Services Agreement (This was moved to Item 10.1) under General/New Business.) H. Seeking Statutory Authority to Implement a Street Improvement District (This was moved to Item 10.E under General/New Business.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR Rich Siakel, 25680 Birch Bluff Road, stated he had served as the City's representative on the Lake Minnetonka Conservation District (LMCD) Board from February 1, 2008, through January 31, 2009. He recently reapplied to serve in that capacity. He received a letter from City Staff on January 20, 2009, which stated he would not be scheduled for an interview for the upcoming appointment to the LMCD SH® WOOD CITY COUNCIL REGULAR MEE'T'ING MINUTES February 9, 2009 Page 3 of 16 Board because he was the only applicant for the volunteer position. That position changed at the last minute. He asked Council why he was not granted an interview, and why Council did not follow the same process it uses for selecting other volunteer positions. He asked Councilmember Turgeon who served as Acting Mayor for the January 26, 2009, City Council regular meeting why he was not grated an interview. Councilmember Turgeon stated Council has always had the opportunity to appoint a Councilmember or a non-elected resident to any position. Council made the decision to appoint a Councilmember to the position because of the current economic situation. Council did not have to interview a Councilmember before appointing them to the position. Council was fortunate Councilmember Woodruff was willing to serve in that capacity, and it was Council's prerogative to appoint him to the LMCD Board. Mr. Siakel stated Council knew before the meeting that he was the only applicant for the position. He thought the decision to not consider him was a quick and abrupt, and he questioned why that happened. He spent a majority of the day following Council's decision to not appoint him working on LMCD related activities. Councilmember Turgeon stated it was her understanding that Administrator Heck was to inform Mr. Siakel of Council's decision. Mr. Siakel stated Heck contacted him later in the day. Councilmember Turgeon stated during its January 26"' meeting Council could have chosen to postpone making a decision. It was a unanimous vote to appoint Councilmember Woodruff. Mayor Lizee clarified she did not attend that meeting. Councilmember Zerby clarified he voted against that appointment. Mayor Lizee stated the City has prided itself in having residents serve on commissions and boards. The City really wants residents' input, and it wants to run a transparent government. Residents who volunteer for positions take their appointments seriously. She was disturbed when she heard what occurred during the January 26`x' Council meeting. Mr. Siakel was the only applicant for the LMCD Board position, he was told he did not have to interview for the position and the meeting packet contained a draft resolution appointing Mr. Siakel. Although Council has a right to change its position, she was disturbed by the lack of process followed. Based on the approved minutes for that meeting, it did not appear Mr. Siakel was thanked for his service. Nor was he called the first thing the morning of January 27`x' to inform him of the change in direction or given the opportunity to interview for the Board position. The process in the past has been to interview residents, select a candidate and adopt a resolution appointing the selected applicant. She explained this evening's meeting packet did not contain a resolution appointing Councilmember Woodruff and she was disturbed by that. She requested that for future appointments the City follow the process of interviewing candidates, selecting a candidate and adopting a resolution appointing a candidate. She offered her apology to Mr. Siakel for how he was treated and she thanked him for his service to the community. She stated not having Mr. Siakel on the LMCD Board was a loss for the City. She noted Mr. Siakel had served with the Hennepin County Sheriffs Water Patrol for a number of years, and Mr. Siakel was recently honored by the LMCD. Mayor Lizee stated the decision has been made to appoint Councilmember Woodruff, and she requested a resolution appointing Councilmember Woodruff be placed on the next meeting agenda for housekeeping purposes. In response to a question from Councilmember Woodruff, Administrator Heck explained during the January 26`x' meeting there was motion to appoint Councilmember Woodruff to the position and the resolution contained in the meeting packet would have been changed to say Richard Woodruff. He then explained there were multiple motions made. The first was to appoint Mr. Siakel to the LMCD Board and Tad Shaw to the Minnetonka Communication Education (MCE) Board. The motion failed on a 1 to 3 vote. There was a second motion to only appoint Mr. Shaw and this motion passed. There was a third motion to appoint Councilmember Woodruff and it passed on a 3 to 1 vote. He explained Councilmember Woodruiff's appointment was by a resolution and the resolution contained in the meeting packet would SHO WOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 4 of 16 have been corrected to say Richard Woodruff. He noted there is a signed resolution in place and he could provide Council with a copy of the document if desired. Mr. Siakel stated he did see a copy of a resolution appointing Richard Woodruff and it was signed by Acting Mayor Turgeon. Discussion moved to Item 5.13 on the agenda. 5. REPORTS AND PRESENTATIONS A. Presentation by Dick Osgood, Lake Minnetonka Association (LMA) Representative This was discussed after Item 5.13 on the agenda. Mayor Lizee introduced Dick Osgood, Executive Director of the Lake Minnetonka Association (LMA). Mr. Osgood stated the LMA is planning to continue treatment of Eurasian watermilfoil in Carman Bay, Grays Bay and Phelps Bay in Lake Minnetonka in 2009. He explained during Council's November 24, 2008, meeting he requested (on behalf of the LMA ) that the City contribute $6,000 to help fiord the 2009 treatment of Phelps Bay; that amount is the same as what was contributed in 2008. Council requested he come back with additional information before it would consider the request. Mr. Osgood reviewed the information that was asked for. The Minnesota Department of Natural Resources (MN DNR) does support the treatment program, noting it approved the Lake Vegetation Management Plan (LVMP); it will permit the treatments; and will help fund the treatments. The five-year cost estimates are $61,000 for 2008; $68,000 for 2009; $49,000 for 2010; $21,000 for 2011; and $13,000 for 2012. The LMA has developed a Milfoil-Free Minnetonka Vision and Plan which recommends a comprehensive milfoil control and aquatic invasive species (AIS) protection plan for Lake Minnetonka. Mr. Osgood stated he had a PowerPoint presentation prepared, but in the interest of time he would forego it. Mayor Lizee noted Mr. Osgood has presented information about the treatment program during other Council meetings. Lizee explained the LMA has worked with the Lake Minnetonka Conservation District (LMCD) and the MN DNR on this treatment program, and these agencies contributed fiends to it in 2008. The Cities of Minnetrista, Mound and Shorewood as well as some residents also contributed funds for the treatment. She commented the LMCD still has a milfoil harvesting program. Mr. Osgood stated the LVMP was coordinated and developed by the LMA and the LMCD and approved by the DNR. The Three Rivers Park District, the Army Corps of Engineers, the University of Minnesota, and Hennepin County Environmental Services have also been involved. Mr. Osgood reviewed the anticipated funding for the 2009 chemical treatment of milfoil in Phelps Bay which is estimated to cost $68,000. The LMCD has committed to $10,000 in funding from its Save-the- Lake funds. The LMA has applied for a grant of $8,333 from MN DNR. The City of Mound has committed to $12,000 in funding. There is a 2008 carryover from residents' contributions of $8,000. There is $29,667 yet to be funded. Mayor Lizee stated she understood Mr. Osgood, on behalf of the LMA, was requesting the City contribute $6,000 for the 2009 treatment of Phelps Bay. She noted there were residents from Enchanted Island in the audience and she offered them an opportunity to comment on the request. SHO WOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 5 of 16 Patti Kurak 4320 Enchanted Drive, thanked Council for taking the time this evening to consider the request for funding. She stated she is very impressed with how the agencies, the Cities of Minnetrista, Mound and Shorewood, and the Lakeshore property owners came together in 2008 in support of the treatment of milfoil in Phelps Bay. She thanked the City for its $6,000 contribution in 2008. She stated she and her husband Tom were 100 percent in support of continued treatment in 2009. The long-term goal is to work toward suppression and control of milfoil in all of Lake Minnetonka, and Mr. Osgood has been diligently working toward this. Once milfoil is under control it will be relatively inexpensive to keep it that way, similar to ongoing treatment of crabgrass. The treatment program is a community, private and public joint effort. She expressed hope that the job can get done and the treatment works the way research indicates it should. She stated she believes it will or she would not be in support of it. She encouraged the Councilmembers to view this as a benefit to their constituents and to approve the $6,000 funding request. She stated the residents, their children and their grandchildren appreciate the City's support in helping Lake Minnetonka return to a healthy state. Everyone must work toward having a healthy environment. Ms. Kurak submitted a letter for the record from her and her husband expressing their support of the treatment program. She thanked Mr. Osgood for all of his hard work, and she also thanked Richard Siakel for serving on the LMCD Board the past twelve months. Councilmember Woodruff stated he has been involved with the LMCD in an unofficial capacity at a couple of LMCD meetings, and now in an official capacity as the City representative on the LMCD Board. He then stated he wanted to give a status report. This year the LMCD again elected to have the LMA serve as the project manager for the 2009 three-bay treatment program. There is an Exotic Species Task Force within the LMCD that has been in existence for quite some time. In December 2008 he attended a Task Force meeting during which there was a lengthy discussion about how to proceed with the treatment program in 2009. He was impressed with the number of agencies in attendance at that meeting; there were representatives from the MN DNR, the Army Corps of Engineers, the LMCD, the LMA as well as other agencies. During the meeting a decision was made to prepare a request for proposal (RFP) to solicit bids for the 2009 treatment application. Mr. Osgood prepared the RFP and only one applicator submitted an RFP, and it was from the applicator used in 2008. The Task Force is scheduled to meet on February 13`x' to review the RFP and continue with 2009 treatment program discussions. Councilmember Bailey asked if the LMA issues financial statements, and if so he requested the LMA provide the Council with copies of them. Mr. Osgood explained the LMA is a non-profit corporation; therefore, it has to file reports with the Secretary of State and all of that is public information. During 2008 the LMCD and/or one of the LMCD member cities asked for an accounting of the 2008 contributed funds for the treatment program, and that request was fulfilled. Bailey stated that would be appropriate. Councilmember Bailey questioned if the LMCD was also committing $10,000 in funding for the treatment of Carman Bay and again for Grays Bay. Mr. Osgood stated the LMCD was committing a total of $30,000 from its Save-the-Lake funds. In response to another question from Bailey, Mr. Osgood stated as of yet the MN DNR has not committed to funding for 2009. He explained a request for funding has been submitted through the MN DNR's grant process and he hoped the MN DNR would make its decision in early March 2009. He anticipates receiving funding from the MN DNR similar to that received in 2008. In response to a question from Councilmember Turgeon, Mr. Osgood explained he has not yet gone before the Minnetrista Council, but he has an outstanding request to do so. In response to another question from Turgeon, Mr. Osgood explained to date only the LMCD and Mound had committed. Mr. Osgood stated he was 99 percent sure the MN DNR would make a contribution similar to the one it made in 2008. SHO OOD CI'T'Y COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 6 of 16 Councilmember Turgeon stated she has not been provided an opportunity to review the P that was prepared. She commented the estimated five-year treatment costs appear to change each time they are presented. She questioned how anyone can be sure it will cost $68,000 to treat Phelps Bay in 2009. She asked if the RFP included a performance guarantee clause and if it specified any benchmarks that must be achieved. She stated that she would like to see something a little more solid, and she wanted the RFP to include a performance guarantee clause for the applicator. Mr. Osgood stated the estimated cost has changed for a legitimate reason. He explained that in 2008 a bid process was used to select an applicator, and the Exotic Species Task Force set the specifications for the 2008 treatments. An RFP process is being used for 2009 and the applicator is being asked to propose products that will be used, timing of treatments, etc., for accomplishing the objectives identified by the Task Force and to provide a cost estimate to do so. He noted that as part of the normal process, Council's are not provided a copy of RFPs, but he is willing to send a copy to the Council. He explained the UP requests the applicator provide a warranty. The Task Force will have a technical review of the one RFP that was submitted on February 13`x' and the price is still under negotiation. The guarantee in the proposal is that the treatment will control a minimum of 80 percent of the milfoil in the treated areas based on frequency analysis, noting this is a very strict standard. If more than 20 percent of a location tested with the approved method has milfoil remaining within four to six weeks, the applicator will have to retreat the area at no additional cost. He stated he anticipated the proposed 2009 treatment will be more effective than the 2008 treatment for a number of technical reasons. If there is a need to retreat an area in 2009, he's confident it will be effective, noting the applicator effectively re-treated areas in Phelps Bay at its own initiative and cost in 2008. Councilmember Woodruff stated he is a now a member of the Exotic Species Task Force, and he has a copy of its February 13`x' meeting agenda, the RFP and the proposal submitted. He will attend that meeting. Councilmember Turgeon stated she is not saying she is against a $6,000 contribution. She requested that she be provided with a copy of the RFP, and she wants to ensure the RFP identifies terms and conditions. She also requested the LMA provide copies of its financial statements. She stated it was important for Council to take an even closer look at expenditures during these economic times. She commented that in 2008 Council committed to a one-time contribution, and it wanted to be assured results were being achieved from the treatment. She then commented the 2008 treatment results were marginal. Mayor Liz& stated Council has been provided a lot of data about the treatment program, the 2008 treatment results and the 2009 treatment program plans. She commented that the Cities of Minnetrista and Mound were also asked to make equal or greater contributions than the City in the spirit of cooperation along with the LMCD, the MN DNR and private citizens. She stated for Council to delay its decision until it gets a copy of the RFP when the City is being asked to contribute less than 10 percent of the Phelps Bay treatment cost is unnecessary. She noted the LMA's financial statements are a matter of public record; anyone can view them. She was confident the LMA would provide a copy of its statements. She stated Mr. Osgood is asking the City to share in a commitment to the treatment program, Councilmember Zerby stated the City is getting a bargain by contributing less than 10 percent of the cost to treat Phelps Bay. He then stated Council was scrutinizing this request much more than it did the more costly tennis court resurfacing proposal. He commented he viewed Lake Minnetonka as a "water" park (he doesn't mean one with slides) for residents to use. He stated the 2009 Parks budget was increased by over $100,000 over the 2008 budget. The City's has budgeted almost $400,000 in 2009 for parks improvements and operations, and this is the most it has ever been. He stated he thought it would be a shame for Council to decide not to spend $6,000 to try and help mitigate the Lake Minnetonka milfoil SHO WOOD CITY COUNCIL, REGULAR MEETING MINUTES February 9, 2009 Page 7 of 16 problem. It would be inappropriate to spend a tremendous amount of money on the City's land parks and spend nothing on its "water" park. Zerby moved, Lizee seconded, authorizing a $6,000 contribution for the for the herbicide treatment of Eurasian Watermilfoil in Phelps Bay in 2009. Councilmember Bailey stated he would support a motion subject to two conditions. The first being the LMA would submit its financial statements to the Council for review. The second is the MN DNR approving some funding for the 2009 treatment of Phelps Bay. He commented he did not think the two conditions were onerous. Councilmember Zerby stated he would not accept an amendment his motion to include the two conditions. Councilmember Woodruff stated in 2008 he recused himself from the $6,000 funding decision vote because he is one of 29 lakeshore property owners that will be directly affected by the herbicide treatment. He would be a beneficiary of the spending for the treatment, and he was confident Council could make a decision without him. He will recuse himself from the vote again this time. Mayor Lizee stated that although she will honor Councilmember Woodruff's decision to recuse himself, she challenged that it is a financial consideration for him or that it affects him financially. Council was discussing herbicide treatment of Phelps Bay, as part of a three-bay treatment program, and anything that affects Lake Minnetonka affects the property values of residents in the audience as well as residents in the area. She did not think it is necessary for Woodruff to recuse himself from the vote. Motion failed 2/2 with Bailey and Turgeon dissenting, and Woodruff recusing. Bailey moved, Turgeon seconded, authorizing a $6,000 contribution for the herbicide treatment of Eurasian Watermilfoil in Phelps Bay in 2009 subject to the Lake Minnetonka Association submitting its most recent financial statements to the Council and the Minnesota Department of Natural Resources approving funding for the 2009 herbicide treatment of milfoil in Phelps Bay. Motion passed 4/0, with Woodruff recusing. Discussion moved to Item 6.A on the agenda. B. Presentation by Mitch Hedlund from Up On Green This was discussed before Item 5.A on the agenda. Mayor Lizee introduced Mitch Hedlund with UPonGreen. Following is a summary of Ms. Hedlund's presentation about UPonGreen, and details can be found on the UPonGreen website www.upongreen.com. Ms. Hedlund explained UPonGreen (UP) has developed a program that helps businesses (e.g., counties, cities, hospitals, schools, agencies, etc.) and consumers understand the green movement, take advantage of it and communicate it. UP has also created a way for the various organizations and consumers to inspire others about "green". UP, with help from the Center for Energy and Environment, identified fourteen eco-actions (UP Criteria) that consumers should expect of all businesses. Any business should be able to achieve at least nine of them, and eight of them can help a business significantly reduce its expenses. She reviewed the criteria which can be found on the website, and she noted the website also identifies products that can help with achieving the criteria. She commented fourteen slightly different eco-actions were also identified for households. SHO WOOD CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page S of 16 Ms. Hedlund then explained a business has to achieve at least nine of the criteria in order to be certified as UPonGreen. Once a business is UPonGreen it can choose to be featured on the UP website. Consumers can then go to the website and view what eco-friendly things the business is doing, what "green" certifications it promotes and uses, and other "green" initiatives it is embarking on. There is also a link to the business's website. A business can also choose to have an Eco-Profile on the website; the Eco-Profile has about nine questions that allow the business to describe in more detail what they are doing above and beyond the UP Criteria. The business can request UP Identifiers which help communicate specific eco- actions it has taken and they can be placed at its facility, on-line and on product packaging. There will eventually be links to social networking sites for those businesses and individuals on the UP website. Ms. Hedlund went on to explain when a business inspires it employees, suppliers and stakeholders to join the effort UP can track how many individuals and businesses it has directly or indirectly inspired. This is communicated through what is called an Eco-Tree. Individuals and businesses have the ability to exponentially inspire others to get UPonGreen. For example, Excelsior Elementary School is UPonGreen and is inspiring students, families, teachers and staff to get UPonGreen. Mayor Lizee thanked Ms. Hedlund for her efforts and time. She stated the City Engineer has conducted various workshops about different "green" opportunities and it is discussing "green" initiatives it can undertake. As part of the City Hall renovation project the City is planning to have natural landscaping on its properties. She suggested if Ms. Hedlund has additional information she thought would be of benefit to the City that she provide it to the City Engineer. Ms. Hedlund thanked Julie Moore, the City's communication coordinator, for her support. She stated the City has a wonderful opportunity to be an amazing leader in the green movement. Discussion moved to Item 5.A on the agenda. 6. PUBLIC HEARING A. Water Shut-off Ordinance Amendment Administrator Heck stated during its January 12, 2009, work session Council discussed the City's current water shut-off policy. Because of instances where the Public Works staff have been harassed and/or threatened when they went to shut off or turn on the water, Staff recommended the policy be changed to be more permissive; rather than requiring the water to be shut off, the policy would allow the delinquent charge, including associated penalties and fees, to be certified to the property owner's tax roll at year end. The proposed change will be accomplished by making a change to the City Code, Chapter 903.09, Subd. 3, Delinquencies where the statement the water will be shut off will be changed to the water may be shut off' and in Subd. 3, Discontinuance of Service where the statement the water shall be shut off" will be changed to the water may be shut off'. Seeing no one present wishing to comment on this case, Mayor Lizee opened and closed the Public Testimony portion of the Public Hearing at 8:22 P.M. Turgeon moved, Woodruff seconded, Approving ORDINANCE 456, "An Ordinance Amending Chapter 903 of the Shorewood City Code Relating to Water Usage." Motion passed 5/0. Mayor Lizee closed the Public Hearing at 8:23 P.M. SHO WOOD CITY COUNCIL, REGULAR MEETING MINUTES February 9, 2009 Page 9 of 16 PARIS A. Request for Proposals for Park Services Chair Norman reported on matters considered and actions taken at the February 4, 2009, special Park Commission meeting (as detailed in the minutes of that meeting). The purpose of the meeting was for the Commission to interview the three (out of thirteen) Park Consultant Services request for proposal (RFP) responders it had selected for interviews, and then to select the responder it thought would provide the best services to the City. The Commission selected TKDA. Kristi Anderson, with Community Rec Resources (CRR) and the Park Coordinator for the City, stated the Park Commission recommends Council direct Staff to negotiate a contract with TKDA for park consultant services to include such items as electronic and hard formats of concept plans for five parks with a phasing matrix, cost estimates, sketches, park building templates, element options as updates to insert into the Master Plan, and a visual catalog of options for parks to be phased in over the next ten years. She noted TKDA's original bid was $25,500 and after the interview process took place the Park Commission eliminated a number of hours of work bid because the Park Coordinator can perform them; the Commission expects the price to be $18,000 - $20,000. Ms. Anderson explained the rationale for the Park Commission's selection of TKDA. TKDA demonstrated an ability to effectively communicate with the Park Commission, it was able to clearly articulate what it was going to do and deliver, and the Commission was impressed with the products and drawings that TKDA would provide. Chair Norman stated the project manager that will be assigned from TKDA is well respected in the industry. He then stated the Park Commission thought TKDA would ask the Commission the tough questions it needed to answer, and keep the project on schedule. He went on to state TKDA has a number of internal resources that the other firms did not have. Councilmember Woodruff stated when Council first discussed the RFP he questioned if it was definitive enough, and after Council discussion it elected to allow the RFP to be more general. He commented that one of the RFP responder's proposal cost was $16,000; therefore, he thought the TKDA proposal could be negotiated to a lower cost than its original proposal. He stated he thought the Park Commission had better defined what it wanted to accomplish. He went on to state TKDA will drive the process and it will make sure the Commission accomplishes what it needs to. In response to a question from Councilmember Turgeon, Ms. Anderson stated TKDA stated it should complete its efforts by the end of May. Councilmember Bailey questioned if there were any project activities that TKDA could embark on quickly. Chair Norman stated the plans TKDA will deliver are concept plans; they will not be engineering plans. The Park Commission's intent is to take the concept plans to the next level. Ms. Anderson stated when the Park Commission prepared the parks master plan a number of years ago, it did not develop implementation plans. Councilmember Bailey suggested the Park Commission and Council have a joint meeting to review the concept plan when appropriate. Chair Norman stated it was the Commission's intent to have a kickoff meeting with Council. Councilmember Woodruff suggested TKDA involve Council in the development process. SHO WOOD CI'T'Y COUNCIL REGULAR MEE'T'ING MINUTES February 9, 2009 Page 10 of 16 Woodruff moved, Zerby seconded, directing Staff to negotiate a contract with TKDA for park consultant services. Motion passed 510. Councilmember Zerby stated he thought the Park Commission did a great job. 8. PLANNING Director Nielsen stated the Planning Commission meeting scheduled for February 3, 2009, was canceled. Councilmember Zerby asked Director Nielsen if the planning projects for the City were down this year, to which Nielsen responded they are. 9. ENGINEERING/PUBLIC WORKS A. Public Information Meeting Regarding Storm Water Pollution Prevention Program Engineer Landini suggested that because there were a minimal number of residents in the audience for the public meeting, Staff forego giving a formal Storm Water Pollution Prevention presentation. He recommended a copy of the presentation be entered into the public record. Turgeon moved, Zerby seconded, directing Staff to Prepare a Record of Decision Regarding the City's Storm Water Pollution Prevention Program. Motion passed 510. B. Authorize Expenditure of Funds for Training This was removed from the consent agenda at Councilmember Woodruff's request. Mayor Lizee stated Staff is recommending Council approve sending Engineer Landini to a training session for improved utilization of the GPS with Terrasync software. Councilmember Woodruff stated from his vantage point the cost for the proposed training is quite expensive, and it requires the Engineer Landini travel to Denver, Colorado. He then stated that per his request Engineer Landini had informed him that there is similar training offered in other states, and that training would not be any less expensive. He assumed the GPS tool is already being used to some extent, and he questioned if there was an alternative to sending Landini to the recommended formal training. Could a local engineering firm provide Landini with some on-the-job training on the tool? This would save money and it may allow for Landini to learn more practical uses of the tool. Mayor Lizee stated she is in support training Staff on the use of new systems and technologies as well as for improving the utilization of them. She's confident Engineer Landini will make good use of the technology and training when he works on various City projects, and is therefore in support of sending him to the training. In response to a comment from Councilmember Turgeon, Engineer Landini stated there are not different levels of training (e.g., beginning, intermediate and advanced) on the use of the GPS and Terrasync software. He explained he knows how to do some of the items on the course agenda, but there are others he where he could benefit from a great deal of training on their functionality. He then explained the engineering firms in the area do not use the same Terrasync software; they use more surveying based software. SHOREWOOD CITY COUNCIL. REGULAR MEETING MINUTES February 9, 2009 Page 11 of 16 Councilmember Woodruff asked Engineer Landini if he had to write the check from his personal account for this training would he then think this was the most effective way to get training. Mayor Lizee stated it was unfair to ask Landini that because he is not going to pay for it. Lizee then stated the training proposed is provided by the supplier of the technology. Administrator Heck stated he supports sending Engineer Landini to the training. He noted Council approved the purchase of an external antenna for the GPS on this meeting's consent agenda. He stated it is prudent that Landini receive the best training available to fully utilize the technology. It is important for staff to be provided with the tools and training to be more efficient. This proposed $1,500 investment does that. Bailey moved, Zerby seconded, authorizing the expenditure of funds from the City Engineer Operating Budget for GPS and Terrasync training. Councilmember Zerby thanked Administrator Heck for his comments, and he stated he assumed the training would not have been recommended if he was not in support. He is in total support of sending Engineer Landini to the training. Councilmember Woodruff stated he absolutely agreed training by the product vendor is probably the best solution, but expressed concern about the $6,200 for travel costs. Administrator Heck clarified the total cost to send Engineer Landini to the training is estimated to be $1,500; the $6,200 referred to in the Staff memo is the remaining budget in the City Engineer Operating Budget for travel, conference and training. Motion passed 5/0. C. Utility Payment Drop Box Approval This was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff commented the old payment drop box was located on the City Hall building. He stated Staff is proposing a stand-alone payment box, which he thought is like a "bank vault", and it will cost a lot of money. He questioned how frequently people used the old payment box, how much cash is left in the box, and if the mail delivery person leaves City mail in the box. He asked what the security issue is that Staff is trying to solve with the proposed very expensive bank-vault type box. Administrator Heck explained with the old box payments were dropped into a slot on the outside and they land in a locked box located in the old conference room. The drop box is heavily used, and it is even used during the City Hall renovation. The security issue is not about mail, it's about payments. Many residents do not use an envelope when they drop their payments in the box. Some residents drop off cash payments attached to their payment stubs. Some mail carriers bring the City mail into the building and some leave it in the mailbox. In response to a comment from Councilmember Woodruff, Administrator Heck explained Staff intends to purchase the new payment box with City Hall renovation funds. Woodruff moved, Bailey seconded, authorizing the purchase of free-standing, walk-up drop box as recommended by Staff. Motion passed 510. SHO WOOD CITY COUNCIL REGULAR MEE'T'ING MINUTES February 9, 2009 Page 12 of 16 10. GENERAL/NEW BUSINESS A. Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment Mayor Lizee explained that during a City Council special meeting held just prior to this meeting Council interviewed two candidates to serve as the City's representative on the Lake Minnetonka Communications Commission (LMCC) Board. Council also interviewed five candidates who had applied to fill two positions on the Planning Commission, noting some of these applicants indicated they would also be willing to serve on the Park Commission where there are two openings. She stated Council did not have time to discuss its preference of candidates during that meeting. She hoped Council could make the appointments this evening. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 09-009, "A Resolution Making an Appointment of Patrick Hodapp to the Lake Minnetonka Communications Commission." Councilmember Zerby stated he thought Mr. Hodapp has served the City and community well in this capacity in the past and supports reappointing him to serve as the City's representative. He suggested that during a future meeting Council discuss synchronizing the term of this appointment with the LMCC Executive Committee terms which run through May. Councilmember Woodruff requested Staff contact the LMCC and ask if this appointment can be extended a few months. Zerby suggested Staff find the best way to handle this. Motion passed 5/0. B. Making Planning Commission Appointments Mayor Lizee stated there were five applicants for two positions on the Planning Commission. Zerby moved, Adopting "A Resolution Making the Appointments of Scott Schmitt (3-year term) and Bob Edmondson (3-year term) to the City of Shorewood Planning Commission". Councilmember Woodruff requested the two appointments be made separately. Lizee seconded the motion. Councilmember Zerby stated Mr. Schmitt has done an excellent job serving on the Planning Commission and he has a great grasp on how the Planning Commission works. He then stated Mr. Edmondson has one of the longest tenures as a resident in the City out of all five applicants, he has lived in different areas in the City and as a result he has experience with issues unique to the east and west sides of the City, his professional experience in construction gives him a great background for Planning Commission activities and his skills and knowledge would be a valuable asset to the Commission. Councilmember Bailey stated Council interviewed five great candidates. He then stated he was going to oppose the motion, although Mr. Edmondson would be a wonderful member of the Planning Commission. He went on to state if provided the opportunity he planned on making a motion appointing Mr. Edmondson and applicant Thomas Robb to the Park Commission. He thought Pat Arnst had incredible background in planning, and out of those he spoke with she has the most experience with planning issues. He stated he would feel honored to have Ms. Arnst on the Planning Commission. He then stated he meant no disrespect to Mr. Edmondson. SHOREWOOD CITE' COUNCIL, REGULAR MEE'T'ING MINU'T'ES February 9, 2009 Page 13 of 16 Councilmember Turgeon stated she agreed with Councilmember Bailey's recommendations including the Park Commission appointments. Motion failed 2/3 with Bailey, Turgeon and Woodruff dissenting. Bailey moved, Turgeon seconded, Adopting RESOLUTION NO 09-010, "A Resolution Making the Appointments of Scott Schmitt (3-year term) and Pat Arnst (3-year term) to the City of Shorewood Planning Commission". Councilmember Zerby stated Ms. Arnst has valuable planning experience. He questioned if she would be committed to this appointment noting she terminated her last term on the Park Commission before it was up with no advance notice. Councilmember Bailey stated he did not see any indication that Ms. Artist would not be frilly committed to the position and Council had opportunities to ask her if she would be. Motion passed 3/2 with Lizee and Zerby dissenting. Mayor Lizee asked if someone was willing to make a similar motion appointing two of the other applicants to the Park Commission. Administrator Heck noted that the previous week the City received an applicant for the Park Commission. In response to a question from Lizee, Heck explained the original cutoff date for Park Commission applications was January 12, 2009, and when no applications were received a decision was made to leave the process open. Councilmember Woodruff suggested Council have another interview session including those candidates interviewed this evening who expressed interest in serving on the Park Commission if they were not selected as well as the most recent applicant. Mayor Lizee stated the two applicants mentioned by Councilmember Bailey earlier had expressed interest in serving on the Park Commission if they could not serve on the Planning Commission, and there will be two openings on the Park Commission at the end of the month. Councilmember Woodruff stated he can't accept appointing two of the people interviewed tonight without interviewing the most recent applicant. Councilmember Bailey stated he would prefer to make the appointments this evening unless Administrator Heck could convince him that such action would be out of order. Administrator Heck stated he was not suggesting that, he only wanted to inform Council there had been a very recent applicant. Heck then stated Council has gone through the process of soliciting applications and interviewing, and it's Council's prerogative to make appointments based on that. Councilmember Woodruff stated he was confused because it was his recollection that four of the applicants stated they might be interested in the Park Commission. Mayor Lizee stated she is not confused, and the City has followed a process. Bailey moved, Zerby seconded, Adopting RESOLUTION NO 09-011 "A Resolution Making the Appointments of Bob Edmondson (3-year term) and Thomas Robb (3-year term) to the City of Shorewood Park Commission". Councilmember Zerby stated he had mixed thoughts about this. He appreciated Councilmember Woodruff's concerns about following an interview process, but he also appreciated a desire to appoint two of the qualified candidates Council just interviewed for Planning Commission openings. The most recent applicant to the Park Commission had sufficient time prior to this past week to submit an SHO EWOOD CITY COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 14 of 16 application. He encouraged residents to continue to express interest in Commission appointments as there are frequent openings. Councilmember Bailey stated part of the reason he wanted to make these appointments this evening was out of the respect for the applicants. He explained that during the interview process this evening Council told every candidate that they would receive a call this evening, even if it was after 8:00 P.M., notifying them of the outcome for the Planning and Parks Commissions. He then stated he would have liked to have heard there was another interested individual before now; that comment would not have been made to the applicants. He thought both Mr. Edmondson and Mr. Robb would be good appointments to the Park Commission. Councilmember Woodruff stated the Council special meeting agenda did not say anything about interviewing for the Park Commission. Motion passed 3/2 with Turgeon and Woodruff dissenting. Administrator Heck stated a resolution for the appointments to the Park Commission would be prepared. Councilmember Turgeon stated she voted against the motion because she thought some of the process was circumvented. Mayor Liz& recessed the meeting at 9:05 P.M. Mayor Liz& reconvened the meeting at 9:14 P.M. C. Audio Visual Equipment Approval Administrator Heck explained that during its January 26, 2009, meeting Council discussed Staff's proposal for audio visual (AV) equipment for the Council Chambers, and Council asked Staff to refine the proposal. The refined proposal provided to Council identifies a number of options for AV. He noted Staff did price some of the proposed equipment on the internet. For some of it there was a minimal lower difference in price and for others the cost was higher. Staff is still waiting for the proposed vendor to refine some of its prices. Heck stated Staff recommends purchasing the majority of the AV equipment from Alpha Video as quoted with the following exceptions: control room headphones, cameras, and the audio/video mixer. He explained the existing Council microphones will be reused, as will an existing rack for equipment. The projection screen will not be motorized. Staff continues to recommend the purchase of three cameras. Councilmember Woodruff stated during the January 26`x' meeting Councilmember Zerby recommended only two cameras be purchased, and he questioned if he still thought that. Zerby stated he still recommended purchasing only two cameras, and he wanted to reserve the finds for the third camera for titling equipment Woodruff agreed with purchasing two cameras. Zerby moved, Woodruff seconded, authorizing the purchase of audio visual equipment for the Council Chambers per Staffs recommendation as amended to purchase only two cameras. Motion passed 5/0. In response to a question from Councilmember Zerby, Administrator Heck stated the control room is wired for four cameras. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 15 of 16 D. Dark Coordinator Services Agreement This was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated the reason she requested this item be removed from the consent agenda was she wanted to ensure that the Councilmembers were comfortable with the expanded scope of responsibilities identified, noting that expansion was requested during the January 26, 2009, Council meeting. She assumed there were benchmarks in place to measure Community Rec Resources (CRR) additional responsibilities, and she also assumed the $53,000 not to exceed amount for CRR services includes park facility scheduling activities. Administrator Heck stated it did. Turgeon moved, Woodruff seconded, approving the agreement between the City of Shorewood and Community Rec Resources as presented. Motion passed 5/0. E. Seeking Statutory Authority to Implement a Street Improvement District This was removed from the consent agenda at Councilmember Turgeon's request. Councilmember Turgeon stated the reason she requested this be removed from the consent agenda was Council has not had the opportunity to discuss it. Although she understands the legislative movement for establishing street improvement districts, she was not sure if the City should request this be made available to it. Also, she thought there were items in the draft resolution that did not apply to the City, and she suggested Staff remove those items. She suggested this be discussed in a Council work session where Staff could provide an overview. She also wanted to make sure the City would not spend any funds to lobby for this authorization. Attorney Tietjen stated the Council does not have to adopt this resolution requesting statutory authority to establish municipal street improvement districts. Mayor Lizee stated doing so would not bind the City to establishing street improvements districts. Attorney Tietjen agreed. Councilmember Woodruff stated the draft resolution included items not applicable to the City and they should be removed. He then stated he would like this option to be available to the City. Mayor Lizee suggested Councilmembers submit their concerns to Administrator Heck and he can work with Engineer Landini on refining the resolution. She stated Council could consider this item again in March or early April to allow Staff time to work on this. Landini explained there is somewhat of a time crunch. Landini explained the City of Minnetonka submitted its request for statutory authority to establish a municipal street improvement district this past week, and it found out that draft bills that may be considered this year must be heard in committee before March 27, 2009. In response to a comment from Lizee, Landini stated this could be an alternative the City could use to help fund the Vine Hill Road project. Engineer Landini explained the street improvement districts would be established by the Council, and they can be for one street, a neighborhood, the entire city; they are similar to storm water special tax districts. There was consensus that Councilmembers will supply their comments by noon on February 13t", and Landini will distribute the documents included in the meeting packet for this meeting to them electronically. SHOREWOOD CI'T'Y COUNCIL REGULAR MEETING MINUTES February 9, 2009 Page 16 of 16 This item was continued to a February 23, 2009, Council work session. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. City Hall Construction Update Administrator Heck provided an update on the City Hall renovation project. The project is moving along well. The construction superintendent who has been working on the project since the beginning of construction was laid off. A new superintendent has been assigned and he has been with the construction company for about 20 years. Work on the roof has been completed. The projected target date to move into the renovated offices is mid-March. B. Mayor and City Council Councilmember Woodruff stated that Greg Nybeck, the Executive Director of the Lake Minnetonka Conservation District, issued a press release to respond to a statement made in an article published in the Star Tribune Newspaper. Nybeck's release stated it is not the position of the LMCD to restrict access to Lake Minnetonka through the use of user fees to help control and stop the spread on aquatic invasive species into the Lake. Councilmember Turgeon questioned if publishing the estimated start time for discussions on the meeting agendas bind Council in any way (e.g., having to wait for the estimated start time to discuss a topic). Attorney Tietjen stated the only potential problem could be if a public hearing is scheduled, and the problem could be circumvented by specifying a time range. Tietjen then stated as long as the public hearings are properly noticed there should not be a problem. Administrator Heck noted the public hearing noticed for this evening specified a 7:00 P.M. start time. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of February 9, 2009, at 9:33 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: 00, Christine Liz6e, Mayor