Loading...
081009 CC Reg MinCITY OT- -7--D 5755 COUNTR ~ - ®f_ COUNCIL, CH,' T 7:00 P.M® Mayor Lizee called the meeting to order at 7:08 P.M. A. Roll Call Present: Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Attorney Tietjen; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Administrator Heck. B. Review Agenda Mayor Lizee requested that Item I O.A be moved to Item 4.A on the agenda. She also requested that Item 3.E, Direct Staff to Prepare a Resolution Appointing Ric Rosow as a Public Hearing Officer, be added to the agenda. Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, July 27, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 27, 2009, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, July 27, 2009 Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of July 27, 2009, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Council Policies and Procedures (This was moved to Item I O.C on the agenda.) C. Wildwood Plat Extension of Time - - P, D. Ad 1, )LUTION O. 09-044, "A Rest -7 Ig a Setback Variance and Variance to Expand a Nonconforming Struc ire for ark The ig and Brad eppner." E. Direct Staff to Prepare a Resolution Appointing Ric Rosow as a Public Hearing Officer Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. A. Review Quotes and Award Contracts for Southshore Community Center Improvements This was moved from Item 10.A on the agenda. Mayor Liz& stated Kristi Anderson, the Southshore Community Center (the Center) Director, is present this evening to discuss this item. Director Anderson stated during its July 13, 2009, meeting Council directed her to obtain quotes for the installation of new carpet and flooring as well as the interior painting of the facility. She explained that in order to better evaluate the costs she asked carpet cleaning contractors to evaluate the carpet. Based on their feedback, the carpeting in the library and the smaller areas will be cleaned rather than replaced. The carpet in the banquet room and hallway will be replaced, and a dance floor will be installed in the banquet room. The entire interior of the facility will be repainted. Anderson stated the meeting packet for this meeting contains the estimate tabulation for the interior painting project and for the flooring project. Anderson explained the interior painting project includes: interior painting of the large banquet room, activity room, foyer and vestibule, current coat room, long hall, old archive room, Director's office, and small office; all wood windows will be prepped and receive, at a minimum, one coat of finish; and the assorted metal doors will be prepped and receive two finish coats. The low quote for this project was submitted by Superior Painting Contractors in the amount of $9,710. Anderson then explained the flooring project includes: new carpet in the banquet room and long hallway; installation of a laminate dance floor in the dining room; base edging piece around the carpeted areas; and removal and disposal of the existing carpet in these areas. The low quote for this project was submitted by Color Center in the amount of $14,000. Anderson noted Community Rec Resources and Charthouse Management had indicated during the request for proposals process for management services for the Center that these improvements to the Center were needed. Anderson stated Staff recommends the contract for the interior painting project be awarded to Superior Painting Contractors in the amount of $9,710 and the contract for the flooring project be awarded to Color Center in the amount of $14,000. N 3 Mayor Lizde asked if Director Anderson had a timetable for completing these two projects. Anderson stated she would like to have the painting started by the end of the week. Once the painting is complete the carpet can be installed. There are a few programs that are starting the beginning of September and she would like to have these projects completed in advance. Her intent is to schedule a grand reopening of the Center in October. Councilmember Turgeon asked if the Center's Oversight Committee had input on the proposed location for the dance floor and the overall design for these projects. Councilmember Woodruff stated he is a member of the Committee, and the Committee Members reviewed the proposals and are aware of where the dance floor will be located. He is not aware of what the color of the carpet or paint will be. He does not believe there is a need for him to be involved with that; he doesn't want to be involved with that. Director Anderson stated she has color samples but did not bring them this evening. Councilmember Woodruff stated the cost to do these projects is a lot of money. The business of this community center is just getting revitalized. He commented that this investment is a leap of faith that these improvements will help in making the business successful. He stated if these projects are approved he will find it difficult to spend much more on anything else in the facility. This has to be the most important thing for the Center for the next six to nine months until there can be an assessment of the business. Director Anderson stated these improvements are the highest priority. During some of the showings of the Center she received negative comments about the carpet. She thought that by making these improvements the City was demonstrating its commitment to the Center operations for the long term. She would feel comfortable in asking the other member cities' for contributions in the future because the City had made this initial investment. Mayor Lizde stated the need for these improvements was identified during the request for proposals process. In response to a question from Councilmember Bailey, Director Burton stated she recommends the Senior Community Center Fund which has a balance of approximately $40,000 be used to establish an enterprise fund for Southshore Center operations. Councilmember Zerby stated he is a member of the Oversight Committee also. They looked at the Center to assess its condition. He did not think there is a need for the Committee to be involved with selecting paint and carpet colors. Although it is a large amount of money, it's really not all that significant when you consider you're trying to operate a business of this scale. Zerby moved, Bailey seconded, awarding the contract for the interior painting project for the Southshore Community Center to Superior Painting Contractors in the amount of $9,710 and the contract for the flooring project for the Southshore Community Center to Color Center in the amount of $14,000. Motion passed 5/0. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING AE ULA E s _ S No report was given as there had not been a Park Commission meeting since the last Council meeting. A. Park Capital Improvements for 2009 and 2010 Kristi Anderson, the City's Park Coordinator, stated the City had contracted with TKDA to work with the Park Commission to revise the master plan for the City's park system. The Commission has been working on prioritizing the improvement projects for 2009 and 2010 over the last few months. The prioritized list is based on the adopted 2009 Park capital improvement program (CIP) and the revised plan. Anderson reviewed the Park Commission's recommendation for 2009 improvement projects. The list is as follows. 1. Uniform park signage in all the City-owned parks estimated cost $30,000 2. Canopy type picnic shelter at Silverwood Park estimated cost $13,000 3. Remodel the warming house in Manor Park estimated cost $50,000 4. Purchase and install bike racks in the City-owned parks estimated cost $ 1,200 Total $94,200 Anderson stated she is already working on the first three projects. She noted the Manor Park warming house project design and specifications will be completed in the fourth quarter of 2009 and the construction will be done in the spring of 2010. Anderson explained as of June 30, 2009, the Park Improvement Fund had a balance of $250,000 and a $45,000 transfer into the Fund is planned for 2009. If the 2009 projects are approved by Council, the 2009 year-end balance in this Fund should be approximately $200,800. Anderson reviewed the Park Commission's recommendation for 2010 improvement projects. The list is as follows. 1. Paint and re-roof the Badger Park warming house estimated cost $ 3,500 2. Install rustic type trails in Badger and Silverwood Parks estimated cost $15,000 3. Overlay the tennis court in Badger Park estimated cost $ 3,000 Total $21,500 Brown explained the Park Commission has discussed adding restrooms to the warming house in Manor Park. The $50,000 cost is for re-roofing the structure and adding restrooms. In response to a question from Councilmember Woodruff, Park Coordinator Anderson stated the cost for the bike racks was for racks in all of the parks. Councilmember Woodruff stated he thought the estimated cost of $3,500 for painting and re-roofing the structure in Badger Park seemed low based on what it cost to paint Eddy Station. Director Brown C _A C~C, 'r ...FETING MINUTES Pa ~ 5 of explained most of the funds will be used to re-roof the structure, and this structure will be easier to paint because it has only one door and three windows. Councilmember Turgeon stated the estimated cost to re-roof the small concession stand in Freeman Park is $3,000; she also questioned the $3,500 estimate. She thought some of the 2009 and 2010 priorities should be reversed because of the time of year it is. For example, she would purchase and install the bike racks next spring and improve the warming house this fall. Director Brown stated per Council's direction the Park Commission has identified its priorities. The weather will play a role in whether or not some of the projects are completed in 2009. Park Coordinator Anderson explained the top three 2009 projects are in the 2009 Park CIP, noting the TKDA process delayed the start of the projects. Anderson noted the City has received estimates on those projects. Councilmember Zerby asked if there is a project to install water in the area of the community gardens. Councilmember Woodruff asked what the benefit is in approving the 2010 projects now. Director Brown explained that in 2009 Council asked the Park Commission to prepare a plan. The Commission focused on a two-year plan that it would like Council to approve. Woodruff moved, Bailey seconded, approving the list of 2009 and 2010 capital park improvement projects. Motion passed 510. Councilmember Woodruff commented that Council will have the opportunity to approve each of the projects. 8. PLANNING No report was given. A. Gideon Cove Home Owner's Association - Amend Declaration of Covenants Director Nielsen stated the Gideon Cove Homeowner's Association is in the process of updating its declaration of covenants that governs the development. He explained this project was done as a planned unit development (PUD). The PUD included a peninsula of land on the north side of Timber Lane that had two nonconforming existing docks on it. The peninsula was set aside as common space for the use of the Gideon Cove residents. As part of the PUD agreement the City agreed to keep the two docks, but it required a provision to be place in the declaration of covenants stating the two existing docks were to be assigned to two of the unit lots within the development. The City is a signatory to the declaration of covenants. Nielsen then stated because the common space and the provision for the two docks remain in the updated declaration of covenants Staff recommends Council direct Staff to prepare a resolution approving the updated declaration of covenants. Woodruff moved, Zerby seconded, directing Staff to prepare a resolution approving the updated declaration of covenants for the Gideon Glen Homeowner's Association. Motion passed 510. 9. ENGINEERING/PUBLIC WORKS There was nothing for discussion this evening. - - - I ETIN P1 f0® GENE AT 1 NESS A. Review Quotes and Award Contracts for Southshore Community Center Improvements This was moved to Item 4.A on the agenda. Be City Hall Landscaping Plan Director Nielsen stated that after meeting with Mayor Lizee and him, Lan-De-Con prepared a new landscape plan for City Hall. The revised plan is considerably more in line with Council's direction to include low maintenance, native plantings. There are four landscape areas that were identified for landscape treatment. The first is the area at the front of the building and includes the area near the entry to the building going toward the tennis court. The second is the landscape berm. The third is the area abutting Country Club Road. The fourth area is in the back of the building. Approximately 90 percent of the plantings are native to Minnesota. Those plants that are not native are cultivars of native plants; they have been improved for hardiness and salt-tolerance. The plan indicates a dry creek bed that will conduct drainage away from the north side of the building. It terminates into a small rain garden located near the northeast corner of the building. The intent is to place small identification signs near the various types of plantings so residents can be made aware of what the plantings are. The large sign for City Hall will be located in the northwest corner. A small directional sign will be placed toward the edge of the landscape berm to direct people to the Southshore Community Center and Badger Park. There will be minimal landscaping done at the rear of the building. A decision has not been made about what to do about the retaining wall pit in the back of the building. Some of the proposed plantings are substantial in size. Nielsen then stated the quote for doing this landscape project is approximately $40,500. Staff recommends going with a design then building approach which is what the proposal from Lan-De-Con is. If Council wants Staff to obtain additional quotes it will delay the project. Staff would like to have the plantings in the ground by the end of August. Mayor Lizee stated Lan-De-Con representatives had many good ideas. They were very receptive to the City's desire to have native plantings, a sustainable and low maintenance landscape environment, plants that would do well in the Minnesota climate, an aesthetically appealing look, and a plan that will allow residents to learn from it. She thought the plantings and the layout of them will look great, noting she had researched many of the proposed plantings. Director Nielsen commented even the grass in the turf areas will be low maintenance. He explained that some of the plantings will not require pruning. After the plantings are established, there will be very little need for watering them. Councilmember Woodruff stated this new plan is a vast improvement over the first plan. He then stated the existing Cedar trees on the east side of the property look ragged. Director Nielsen explained Staff talked about removing them, but it would be very noticeable from Country Club Road. The current proposal shows the trees remain. He thought the trees look okay from the road side. Woodruff suggesting removing the Cedar trees could be considered after the new plants are established. Woodruff stated at some point the City may have to consider adding some type of irrigation system, clarifying that he is not suggesting that be done now. C - < ' -LAt2 Ct. u. -:ES 7 of 9 Woodruff moved, Bailey seconded, authorizing Lan-De-Con to begin the landscape work for an not to exceed $ Councilmember Zerby stated he is vehemently opposed to doing this project. He did not think it was prudent to spend that amount of money in this economic climate. The Council is looking for ways to reduce the budget for 2010 and this type of expenditure is lavish from his perspective. He explained the quote includes 280 square feet of boulder filtration soil (also known as washed concrete sand). Based on his internet search the cost for that material is $35 per ton (which is probably a cubic yard), yet the quote indicates it costs $35 per square foot. Director Nielsen stated it's highly unlikely it would be square feet; it's typically done in cubic yards. He will clarify that with Lan-De-Con. He explained Lan-De-Con stated it is more expensive than pit run because of how it functions. The $9,800 cost is for materials and installation of the dry creek bed. The dry creek bed is a substantial portion of the cost. Councilmember Zerby stated Council has discussed phasing this in. He understands the City has already borrowed the money to do this, but it does not have to be spent. The quote does not include the cost to finance the funding. He noted he will vote against approving this project. Councilmember Turgeon asked if Staff had an estimate of what it would cost to landscape the front and west areas only. Director Nielsen stated he did not have that cost this evening. He expressed concern about leaving the berm looking the way it does which is not very good. Councilmember Turgeon asked Councilmember Zerby if he would be more receptive to a phased in plan. Zerby stated a plan with a $15,000 cost would be more palatable to him. He suggested that maybe the dry creek bed and the landscaping in the rear of the building could be eliminated from the plan. Turgeon stated she would prefer the landscaping be done in phases. Mayor Lizee stated the City has the funding to do the landscaping and the landscaping will put the finishing touches on the City Hall renovation project. She noted the dry creek bed will help mitigate the drainage issues in the front of the building. Although there may be other options for dealing with the drainage problem, she thought the dry creek bed is aesthetically appealing and sustainable. When Council discussed renovating City Hall landscaping was part of the discussion. It's part of the investment the City has to make. The look of the berm is very unappealing. She recommended the entire project be done now. Motion passed 3/2 with Turgeon and Zerby dissenting. C. Council Policies and Procedures This item was removed from the consent agenda at Councilmember Bailey's request. Councilmember Bailey stated he had three concerns about the most recent version of the Council Policies and Procedures. The document includes the changes suggested by Council during its July 13, 2009, and July 27, 2009, meetings. With regard to provision 2.4 Special Meetings, Councilmember Bailey expressed concern that there are no restraints on calling a special meeting. A mischievous council could call a meeting when a particular council member was out of town in order to influence the outcome of a particular action. The meeting could be called with a 24 hour notice. He thought this provision was too broad. Attorney Tietjen stated she was not clear about Bailey's concern is, but this provision is modeled after State Statute. Statute deals with the procedure for calling the meeting, but she does not think it addresses the purpose for calling the meeting. Bailey asked if Tietjen has even seen anything about what can be discussed during a special CI - -,E-- _ _ _ _G MINUTES E Pal meeting. Tietjen responded most of the provisions she has seen deal with the procedure for calling special meetings. She stated there are guidelines for what constitutes an emergency meeting. She was not aware of any restrictions on what constitutes a special meeting. Bailey stated if the other Councilmembers were not concerned about this provision he would drop it. Councilmember Zerby stated he understood Bailey's concern, but he wasn't sure how to craft any language to deal with it. He noted the City has been operating under this State Statute for 35 years and there has not been an issue. With regard to provision 6.2 Addressing the Council after a Motion is Made, Councilmember Bailey stated he thought the intent of this provision is that the mayor or the majority of the council could recognize a speaker after a motion has been made. He thought this provision should be modified to say the majority of the council should be able to overrule the mayor's decision to recognize a speaker. This would provide for the majority of the council to decide who does or does not speak. Councilmember Zerby questioned if provision 3.6 Public Comments addressed Bailey's concern, to which Bailey responded he did not think it did. Bailey stated he thought the council should have the right to limit the length of discussion and choose who gets recognized to speak. Councilmember Woodruff stated that although he understands Bailey's point, provision 6.2 addresses the very specific situation of addressing someone after a motion has been made. If the proposed language were to be added he thought it should be added in a more general area. He supported adding language stating if the majority of the council does not want to have a speaker recognized then the majority can prevail; the language should be added in general not to just this provision. Bailey stated the language should also be added to provision 3.6. The language could be as simple as saying "The mayor's decision to recognize someone can be overruled by the majority of the council." With regard to provision 11.1 Committees Designated, Councilmember Bailey stated this provision states "The following committees shall be appointed" but it doesn't list the committees. Councilmember Woodruff suggested the words "The following committees" be change to "Committees". Councilmember Zerby stated he would like a "clean copy" of the document the next time. He does not want the old wording that was modified included in the document. There was consensus to continue this to a September meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Informational Item: Shorewood Fitness 19 5K Run on September 12, 2009 Mayor Lizee stated this is to raise money for the Children's Cancer Research Fund. B. Mayor and City Council In response to a question from Councilmember Woodruff, Director Nielsen explained the installation of the Gideon Glen Memorial Bench has been delayed until the third weekend in August because Miles DelBusso was not able to get a team together. He has not heard back from the Minnehaha Creek Watershed District (MCWD) about whether or not the blue tubes on plantings could be removed. Engineer Landini stated it's his understanding that the MCWD had let out a bid a couple of months ago for maintenance at Gideon Glen. Director Brown stated the MCWD did contract to have the grass at Gideon Glen mowed as part of its long-term contract for maintenance of that area. Brown stated the City's Public Works Department did spray the trail for weeds, re-rock the trail, build an outcropping for the proposed bench and removed some dead fall. Councilmember Zerby stated it's his understanding that some of the new rock was washed away after the recent heavy rain. Councilmember Woodruff stated the Lake Minnetonka Communications Commission (LMCC) made a decision not to apply for a fiber to the home (FTTH) grant application for a stimulus grant during the first round of applications. When the LMCC received the FTTH grant application rules it became obvious the LMCC did not have a chance of being successful with its grant application for a variety of reasons, with the biggest reason being the requirements for designating areas not currently served. There is some hope that the rules will be modified for the next two rounds of applications. There are only two member cities the LMCC has not visited to secure support for this effort. All cities that have been visited have approved the effort. Mayor Lizee congratulated Councilmember Bailey on his recent marriage on July 25, 2009. She stated the August 4t'' Night to Unite event was successful. She congratulated Shorewood Resident Randall McDaniel, a former offensive player for the Minnesota Vikings and a paraprofessional at Hilltop Primary School in the Westonka Public School District, for his recent induction into the Pro Football Hall of Fame the past weekend. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of August 10, 2009, at 8:12 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Heck,(~y Administrator/Clerk