110909 CC Reg MinCITY OF SHO EWO D
CITY COUNCIL REGULAR MEETING
MONDAY, NOVEMBER 9, 2009
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7 :00 P.M.
Mayor Lizee called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Turgeon, Woodruff and Zerby; Attorney Tietjen; City
Administrator Heck; Finance Director Burton; Director of Public Works Brown; and
Engineer Landini
Absent: Councilmember Bailey
B. Review Agenda
Councilmember Woodruff asked that Item 10.13, Representative at MetroCities / League of Minnesota
Cities 2009 Regional Meeting be added to the agenda.
Turgeon moved, Zerby seconded, approving the agenda as amended. Motion passed 4/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Minutes, October 26, 2009
Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of
October 26, 2009, as amended in Item 1, Page 1 change "Mayor Lizee called the meeting to order"
to "Acting Mayor Turgeon called the meeting to order ". Motion passed 31011 with Lizee abstaining
due to her absence at the meeting.
B. City Council Regular Meeting Minutes, October 26, 2009
Zerby moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of
October 26, 2009, as amended in Item 5.B, Page 5, Paragraph 3, Sentence 3 change "Mr. Gedney
explained" to "Mr. Tuttle explained ". Motion passed 4/0.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
A. Approval of the Verified Claims List
B. Adopting RESOLUTION NO. 09 -058 "A Resolution Accepting Quote and
Awarding Contract for 2010 Road Improvement Project Sanitary Sewer Repairs."
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With regard to Item 3.A Verified Claims, Councilmember Woodruff stated it appears the check to Larry
Brown and to Home Security Store both for the amount of $233.24 are for the same expense item.
Director Burton stated the check to Brown has been voided. Burton explained the financial department
will put some additional procedures in place to try and avoid this type of thing from happening in the
future.
With regard to Item 3.0 County Road 19 Trail Crossing, Councilmember Woodruff stated when Council
directed Staff to draft a resolution asking for improved trail crossing signage and educational materials
about the crossings Ile asked that the resolution also include the removal of pavement stripping at trail
crossings in Shorewood. It his understanding that Director Nielsen thought the removal request could be
addressed in a separate letter. Woodruff asked that the removal be included in the resolution.
With regard to Item 3.F Authorize Expenditure of Funds for Public Works Vehicle — One Ton Dump
Truck and Item 3.G Authorize Expenditure of Funds for Public Works Vehicle — Pickup Truck, Mayor
Liz6e stated during the work session immediately preceding this meeting Councilmember Turgeon stated
she wanted to know the full cost for these two purchases before approving them. These two items in the
meeting packet for this meeting do not include the cost for sales tax, fees and licenses. Director Brown
explained the total cost for the one ton dump truck is $48,314.76 and the total cost for the pickup truck is
$29,914.99.
Turgeon moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolutions Therein subject to the costs for the one ton dump truck and the
pickup truck being amended to reflect their full costs, the deletion of check # 49098 for Larry
Brown from the verified claims list, and the amendment to the trail crossing resolution. Motion
passed 4/0.
4. MATTERS FROM THE FLOOR
George Greenfield, 24715 Yellowstone Trail asked if the City of Shorewood is liable to following State
Statutes 177.41 — 174.44 regarding prevailing wage laws. He stated his concern arose because of the
staining of Eddy Station. He explained the City received three highly discrepant bids for the project. He
explained that because he is in Freeman Park quite often he was able to observe the workers. The four
person crew worked there for either three or four days which would equate to approximately 100 hours of
work. The accepted bid was for $3,700. It appeared to him the laborers were subcontractors because the
truck they came in had no markings on it, and they were using their own equipment. He asked if they
were paid a fair wage. He wondered if the wage laws were binding on cities as well as the State. He stated
CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2009
Page 3 €f13
he thought it is in the interest of the City when considering bids to make sure, the City pays just wages. He
stated he had contacted City Hall to find out if the laborers were paid a just wage but he received no
answer. He asked for a response to the legal question and he requested Council consider making sure
prevailing wage laws are considered when contracts are awarded.
Mayor Lizee stated those were good questions for the City's attorney and for staff, and someone will get
back to Mr. Greenfield with answers.
A. Proposed Improvements for City Project 10 -01, Installation of Water main as Part
of Nelsine Drive Road Improvement Project
Mayor Lizee opened the Public Hearing at 7:16 P.M.
Engineer Landini stated improvements to Nelsine Drive are proposed for 2010. Council accepted the
feasibility study for the improvements during its October 12, 2009, meeting. Staff held a public
information meeting on the proposed project on October 29` to answer any questions the residents in that
neighborhood had about the project and the possible assessment for water main extension. The meeting
was appropriately advertised twice and a meeting notice was mailed to the residents. Because the
potential extension of water main is initiated by the City it will require a four -fifths vote of the Council to
approve the extension. Staff conducted a survey asking for resident feedback about water main extension.
Only one property owner out of the seven that would be assessed for water main extension is in favor of
extending water main.
Landini explained the meeting packet for this evening contains three draft resolutions for Council to
consider. The first resolution is to reconstruct this road, make sanitary sewer and storm sewer
improvements, and extend water main. The second resolution is to reconstruct this road and make sanitary
sewer and storm sewer improvements; it does not include the extension of water main. The third
resolution is to reclaim this road and make sanitary sewer and storm sewer improvements; it does not
include the extension of water main. Council can also direct Staff to prepare other resolutions.
Landini stated it would be appropriate to open up the hearing for public comment at this time and
possibly limit individual public comment to 1 — 3 minutes.
Mayor Lizee opened the Public Testimony portion of the Public Hearing at 7:20 P.M.
Gait' Dressel, 25505 Nelsine Drive stated during the October 29' public information meeting it became
apparent that eight out of the nine affected property owners don't want water main installed. The property
owners on Nelsine Drive had fought this many years ago. He thought the property owners wanted the
road to be reclaimed without water main being installed, and they wanted the drainage problem on the
north side of the road addressed between the Champa, Svoboda and O'Neill properties. He has lived on
Nelsine Drive for more than thirty years and he doesn't remember there ever being a pothole in the road.
From his vantage point the road has not been a problem for the residents. He commented that the property
owners are not into the curb and gutter look.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
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Page 4nfl3
Drive Susan Ch
san_un� 25 500 Nelsine stated she also agreed that eight ofthe property owners are not in
favor of extending the vvotcr nuuin or reconstructing the road, noting she is one of the eight. They want the
road reclaimed and the drainage problem resolved,
Drive stated there is only one affected property owner that vvaoto water
main extended under No\aino Drive. The other property owners only want the road reclaimed. He then
stated the City is asking for o ten-foot coaonoeot on one side of his and his wife's property. One of the
reasons they purchased their property was because of the tcou line along the side property. They are not
about to grant that easement without there being o plan, ye{ i{`o his understanding the City won't prepare
the plan until it gets the needed easement.
Drive Mike Wolfe, 25460 Nelsine stated be was in favor of doing nothing to the roud. But, out of the
three options hewould chose the reclamation option. He then stated the 3vuboduo are the property owners
interested in having vvotor main extended, while noting they can honk up to vvu1ur nouiu under Eureka
Road. It would be more costly then connecting to water main under Nelsine Drive.
Drive Joan Svoboda, 25580 Nelsine ab1ud she and her husband live onthe corner ofNu|aiuc Drive and
Eureka Road. Some years ago they were assessed for water main extension under Eureka Road. At that
time they were told that within five years v/u1ur oouio would be installed uuderNe\uine Drive. They did
not hook up to water main under Eureka Road because they would have to bring the line ucnoau their yard.
It would be u much shorter distance for them to run u lino to water nnuio under Ne|uine [)dvo and
therefore cost less. She thought because they have ulo:udv been uamsmeod for water nnuiu and were told
water main would be installed under Nc|oioe Drive they feel they are aonoovvhu1 entitled to being ub|c to
hook upto water main under NdyinoDrive.
Mu. Svobodudhon stated the people that previously mvvnod the property uovosm the street from them had
brought in u lot nffill and this has affected their atonnv/uterdrainage such that it runs down 1n their yard.
They are very much in fa/or of doing something to help the `*u1er Dovv between the properties. They
would be willing to consider granting the City an easement if it would help,
Mm. Svobndu clarified that they were not neoomomi|v advocating extending water main as part ufthis
project. But, they are in a predicament because of what they had been told. When wo(u, main was
installed under Eureka Road they had no choice, and they were assessed for that.
Drive Colleen O'Neill, 25540 Nelsine stated she and her husband vvuu\ed to help her neighbors in
solving the drainage issue. The |uat vuuod for her and her husband is to grant an euaennuut, noting they did
not `vack to lose the \,oea along [heir property |iuoo. She requested 3{u[[ consider alternatives for
addressing the problem other then just acquiring the cuaonuent and replanting trees. Perhaps the City could
bo|p oogrudethc Svohodua property to solve the drainage, and help the 8vobodum find a cheaper way to
hook upto the water main under Eureka Road.
K4uyorLizdo asked Staff what plans there are to help ouidgutcthe drainage problem on the north side of
the road. Engineer Landioi explained the feasibility study indicates an oueonnent is needed from the
0`DJoUb and the Svobodau{o capture the m1ormvvatoruod run it down 'the property |iuua. The 3vobodua
have written n letter to the City indicating their willingness to work with the City on an ouaenoouL Mr.
O'Neill stated earlier in this meeting that he and his vviK> are willing to work with the City if the City has
u set ofplans. He explained he is in a predicament because he needs the oueonneototo draw up the plans
but the O`NeiUu want the p|uua before they consider granting an easement. I.undioi expressed his
p/i|bnguouu to nouut with the O`Nci||e to discuss an ouoonnunt based on the City satisfying uoduin
conditions if that is amenable to Council. I.ben: is water drainage that flovvo (lonn the mouth to the north
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2009
Page 5 of 13
that pools up somewhat in the front yards. The front yards are not graded for the water to flow down the
lot lines. The Svobodas have some additional drainage that appears to be the result of ill brought in
across the street from them. He noted the City doesn't have any information on the fill that was brought
in. He explained that some of the drainage problem could possibly be addressed if the decision is made to
go with the reclamation option with things such as rain gardens and yard catch drains noting easements
will be needed.
Director Brown stated he appreciated a property owner wanting to know what the specific plans were
before granting an easement. He explained that in the past, the City would have detailed plans prepared
before it held a public information meeting. Property owners would be upset that they had not been asked
for their input prior to completing the design work. The City now prepares "stick drawings" based on
good information for discussion during the public information meetings. The existing drain pipe between
the yards will likely have to be extended out. Staff and the property owners have discussed creative ideas
such as not having a concrete pipe, having modified rain gardens and so forth. He thought it was possible
to get around the easement issue. But, without being able to go on to the properties Engineer Landini
can't obtain the survey date. That can be accomplished by the property owners granting the City a right of
entry that expires. The right of entry gives the City the right to do the survey work and explore options.
Once the plans are drafted the City can determine if an easement is necessary.
Mayor Lizee asked the affected property owners if they would be amenable to that to which they
indicated they would be.
Councilmember Turgeon stated during the public information meeting two property owners complained
about their well water, noting they were not present this evening. Property owners on the cul -de -sac
expressed their opposition to increasing the size of the cul -de -sac which is proposed if the road is
reconstructed. The reclamation option would not increase the size of the cul -de -sac and the road would be
reclaimed to a have a driving surface 22 feet wide. She commented the property owners understood their
gardens are in City right -of -way. Mayor Lizee noted in all three options the driving surface would be 22
feet wide. Director Brown confirmed that the cul -de -sac would remain the same size as it currently is if
the road were reclaimed.
Councilmember Turgeon stated if the City can't obtain the easements it can't resolve the drainage issue.
If that is the case then from her vantage point it doesn't make sense to even reclaim the road.
Mr. Dressel stated Ms. Champa and Mr. O'Neill both expressed concern about the loss of trees on their
property. Mayor Lizee stated the Council and Staff are also concerned about tree loss. Staff will work
closely with the property owners to minimize tree loss.
In response to a question from Mayor Lizee, Director Brown explained when water main was installed
under Eureka Road each property owner was assessed $5,000. The current ordinance states the connection
fee is $10,000 and credit is given for any assessment paid. For the Svobodas to connect to water on the
Eureka Road side of their property will require a substantially longer line then it would for them to be
able to connect to water on the Nelsine Drive side of their property. Under the current water ordinance the
property owners can petition for water main to be extended with at least 0 6 7 percent of the property owners
being in favor, or the Council can request the extension of water main with a four -fifths vote in favor of
doing so.
Councilmember Woodruff asked what the connection fee was at the time water main was installed under
Eureka Road. Director Brown explained the current ordinance was not in effect at that time; the cost was
a flat $5,000 and there was no additional connection fee. Woodruff then asked if the property owners
CITY OF SHOREWOOD REGULAR COUNCIL MEE1rING MINUTES
November g,2&89
Page Unfl3
along Eureka }Load were gruodtadbere8 in under the terms that existed o1 that time, to vvbiob Brown
responded they were not. Brown explained the ammesanmeo1m for vve1cr main installation have varied
throughout the years.
Cmuocdruemnber7`urgeou again expressed she thought Council needed to have mybi|oogpbioa| discussion
about the current water policy.
Cuuoci|nzonuberZorby stated each time u road is reconstructed there is an opportunity to extend water
nouio if d`u available and feasible, assuming it's not installed o|m:udy. U`a his understanding that the
average service life ofureclaimed road is 15 years and the average service life ofu reconstructed road is
30 years. Therefore, the option to extend p/u1er oouio will not be considered again for x long time.
Although the current property owners may not want water main to be extended uovv they may be at o
disadvantage when they want to ouu,kot their property later. He thought property owners would likely
recoup u large percent uf their investment.
Mr. O`yJcU| stated he did not think a property owner Would recapture any where near the cost ofhaving
city water available (o connect ioor installed. Hc commented lie could install two wells for $10,000.
CounuUnoeonherZo,hvstated it's not possible k/ predict what the ground water situation will be in l0-20
years. There's no vvuy to predict v/hu1 eroto the aquifer will he in. Government regulations are on the
increase. lt`a prudent for Council to consider water main installation each time u,oad is reconstructed. Be
thanked the property owners for their input.
In n:mponau to a coournon\ from Couooilnnomubor Turgoon Engineer Luodini explained the City oaom the
9&3ER(Puvonouut Surface Evaluation and Rating) Syateon to rate its nuudv/aya. Ne|aine Drive was rated a
three because there is block cracking for u|ruoai the entire length of the road. Previous uou| coating has
covered that but it reappears in about ayear.
M,. Dn:amu| again stated he has never seen upotho|e inNo|yinn Drive. He contested the Y/\SEK System
rating.
Mayor Liz6e closed the Public Testimony portion of the Public Hearing at 7:47 P.M.
CouuoUmnonober Woodruff stated it was his recollection that the Tl{D/\ feasibility report indicated the
cost to reo|uino the o»ud may be more then the exdnnu1c because there are oonue questionable soils under
the existing road surface. EngiucerLandini explained the soil borings for the project indicate there in no
road base or foundation under the cul-de-sac; the surface is sitting on dirt. Until the road is opened up it's
not possible to know how far down the road that condition extends. /\ soil boring oothe easterly end of
the road indicates there was 3 — 4 inches of road hoao underneath the surface. The City's standard is two
feet of sand and eight inches ofrock. /\ soil boring on the west end indicates there is four inches ofo|auu-
5 rock. There is ail underlying soils issue which will result in the road moving again in the suture.
Mayor [is6easked Engineer [undiniio explain why the size of the ou|'dc-eaowould be increased if the
road were reconstructed. BngiueorLandini explained the City has u35 foot radius standard for cul-de-sacs
p/bioh is vvbu1 in proposed under the reconstruction option. That aioodurd is for safety reasons. He stated
the 8nohb1ovvn Lane radius was proposed to be 45 K:oL Director Brown explained arec|oimo process tends
to stay within the existing pavement boundaries because of trying to take advantage o[ the underlying
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9,%09
Page 7uy13
Couuoilmoezober].urgemo stated she vvon/d support the reclamation option provided the City was able to
obtain the necessary easements to mitigate the drainage issues or to find some other way to mitigate them.
Couaoi1noenmber Woodruff stated be thought something should be done vvi1hNe|xiue Drive. He did not
agree with halting the project if the eamcnneute can't beobtained because there may he other approaches to
helping mitigate the drainage imaoey. He suggested Staff approach this from the perspective of obtaining
the 000enueota; but, in the event that doesn't appear as if b`u going to work bbou be wanted Staff to
identify other mitigation options.
Coouui|nzemborZorbv asked if the reclamation uoo{ includes improving the soils. He stated he had no
issue delaying the reclamation if the ,omidooto are okay with the road the way it is. Because the project
would be uru|u1ive|y aruu|| project the City would be able to do the project some other year if the road
started to deteriorate badly. If there are iu000x with obtaining needed euaonuonte or finding other solutions
to mitigate the drainage isaoom delaying the project may bo appropriate.
In response to a question from Counoi|oneonher Turgoon, [ogiuoc/ Londini stated u decision on moving
forward with this project oou|d be delayed until the Council meeting in December without impacting the
bid schedule for doing the reclamation iu the spring uf20l0.
Counoi}ruennber Zerby stated he would be uomfoduh|o with delaying the project uod| 2011.
Counci|mnmnuberTurQeoo stated that's okay from the road perspective only, but what about mitigating the
drainage issues. Zurby stated be did not think Nn|aiuuDrive had been identified as having drainage issues
from the public record perspective.
Director Brown explained there is some subjectivity involved with rating the City's ,oudvvxya. Different
people may rate them slightly higher or lower, but over the long term they should balance ouLNobiou
Drive is not in great shape, and Council has nnudu itupriority for the City to address ooudv/uyu in uoud of
repair. He stated that during the public information meeting residents expressed concern about drainage
issues. The City has the opportunity to solve uoone of the issues. He encouraged Council to u||op/ Staff to
more forward with the project. f/cvvuuoonfidentQtaffvvuu}dbeub|c(odctooninep/bothorornotdbeCitv
would be able to nohigu1u the drainage iamuoo right away. If there in no good solution Staff will inform
Council of that and at that point Council can decide to delay the project. He recommended Council
authorize the fiou|iru1iou of plans and specifications contingent upon Staff investigating options to
mitigate the drainage issues first.
8nQineorLundini responded to Counui|noomherZcr6v`a earlier question about improving the n`ud base as
part of the reu|urnatiun option. Be explained the feasibility study doom indicate some o|oao-5 aggregate
will be nnizod in with the ,00|uinuod asphalt. /\kboouh some road buuu will be added and it will help
stabilize the road, it's not enough. He noted the reclamation option is light on o1oon sewer improvements.
Torgcma moved, Woodruff seconded, Adopting , ^^A Resolution
Ordering Finalization of Plans, Specifications and Estimate for the Nelmime l0rtvu Reclamation
Project" subject to either the City obtaining the meoommury drainage emmmmuemta to help mitigate the
drainage issues or Staff - identifying other solutions to mitigate them.
In response to u comment from Counoi|noenohor Zerby, Director Brown stated Staff will n:yod hook to
Council on the drainage options during its December meeting. Zorhy uiu1od if there are no suitable options
for mitigating the issues (e.g., required oauonncnto can't hcobtained) he asked if the project cou|dthcn be
stopped. Brown explained if the City is not able to obtain the necessary caacuonni(u)then Staff will report
back tuCouncil and Council can stop the project. If the City can ,uooh u handshake agreement onthe
CITY E SHOREWOOD REGULAR ULAi COUNCIL MEETING MINUTES
November 9, 2009
Rage 8 of 13
easement, then survey work will have to be done and legal documents prepared, He indicated he is not
prepared to discuss the cost to investigate drainage mitigation options.. but he thought the cost would not
exceed $10,000.
Councilmember Zerby expressed his hesitancy to approve the road reclamation as a whole without having
all of the information.
Councilmember Turgeon suggested Council revisit the roadway improvement policy. Councilmember
Zerby agreed. He questioned if it would be appropriate to factor traffic counts into the decision making
process, or lower the rating threshold to three from four.
Mayor Liz& recommended Council, at a future date, discuss the City's water policy, the expansion of
city water and how to upfront the cost for expansion. There are issues with water tables, water quality,
water purity, water safety and so forth. She stated she is loathed to rebuild a road without extending water
main, where feasible, and stubbing it out to each property line.
Motion passed 4/0.
Mr. Dressel thanked Council for listening to the residents' perspectives.
Councilmember Woodruff clarified that before the actual reclamation occurs Council will consider this
item at least two more times. Once after the design work is done and before it is let out for bids. The
second time is when it awards the contract to do actual reclamation.
7. PARKS
No report was given because there has not been a Park Commission meeting since the last Council
meeting. The next Park Commission meeting is scheduled for November 10, 2009.
8. PLANNING
No report was given because there has not been a Planning Commission meeting since October 6, 2009.
The next Planning Commission meeting is scheduled for November 17, 2009.
9. ENGINEERING/PUBLIC WORKS
A. Manor Pond Soil Testing
Engineer Landini explained during its October 26, 2009 meeting Council discussed the possibility of
dredging Manor Pond. During that meeting Staff was directed to refine the cost estimate. Staff had
informed Council that sediment test results and a survey of the pond were needed to do that. The meeting
packet contains a sediment sampling proposal prepared by American Engineering Testing (AET). AET's
quote for providing the services is $3,428 to take and test three samples. Depending on the geology
encountered the cost could be higher. Thlerefore, Staff asked Council to approve a not to exceed aiiiount
of $5,000 to do the testing. The results from the request for proposals for surveying services will be
available for Council's November 23 meeting.
Councilmember Turgeon asked what the estimated cost for the survey is. Engineer Landini stated he
guessed it could be $3,000.
CITY OF ASHORE WOOD REGULAR COUNCIL MEETING MINUTES
oveinber 9, 2009
Page 9 of 13
Woodruff moved, Zerby seconded, awarding the contract for the Manor Park Sediment Sampling
to American Engineering Testing, Inc. for an amount not to exceed $5,000.
Councilmember Woodruff stated AET's proposal referenced a 1999 consulting contract between AET
and the City. He asked that at some point Staff review that contract to determine if it should be updated.
He clarified this request is independent of tonight's action.
Councilmember Zerby stated he thought this was a worthy project. He then stated he was surprised that
this body of water was classified as an open water type wetland and not a Natural Urban Runoff Program
pond. He wondered how the classification impacts the project. Engineer Landini explained that the
Minnehaha Creek Watershed District has indicated this is a maintenance item and there will be no net
loss. Landini also explained that there is an MS4 NPDES requirement where a pond must be maintained
once it becomes a certain percent full. The City has no record of what depth Manor Pond was originally
dug to.
Motion passed 4/0.
A. Approval of Certification of Delinquent Utility Charges
Director Burton explained the City Code provides for annual certification of delinquent utility bills
against the properties serviced. The City's authority for certification of unpaid charges comes from
Minnesota Statute 444.075. This resolution authorizing the certification is considered and passed
annually. Each property owner is given an opportunity to file a written objection to this proposed
certification of delinquent accounts, and they can request a hearing in front of the Council to explain why
the account has not been paid. She noted the City has received a written objection, which was included in
the meeting packet, and a request for a hearing from Ron Johnson, 5335 Shady Hills Circle. She stated
she did not think Mr. Johnson was in attendance this evening.
Councilmember Turgeon stated it appears the list of delinquent bills is longer and for larger dollar
amounts then normal. Director Burton stated the amount is greater then Staff expected, noting some of the
delinquencies are for bank owned properties.
Councilmember Zerby asked if there is some underlying issue other then money causing the
delinquencies. Burton explained the City does what it can to make it easy for residents to pay their bills.
Zerby asked if any of the delinquencies are from past years. Burton stated no there are not and explained
once a delinquent bill is certified it is removed from the City's system.
Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO 09- 062 "A Resolution
Directing Delinquent Sewer Charges, Storm Water Utility Charges, Water Charges, Recycling
Charges, and Dry Hydrant Charges, be Placed on the 2010 Property Tax Rolls." Motion passed 4/0.
Mayor Liz& turned control of the gavel over to Acting Mayor Turgeon and respectfully excused herself
from the meeting at 8:20 P.M.
B. Southshore Community Center
Administrator Heck explained during its October 26, 2009 meeting Council discussed the operations of
the Southshore Community Center (the Center) for the last several months as well as projections for the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 200
Page 1Any13
next few years. Some Cmuuci|nucnmbera had questions about the financial projections and potential capital
improvement projects. Since then he and Kdmti }\oderaoo who provides management services for the
Center, have updated budget projections for 2009 — 2012. Staff has also discussed p/ho1 capital
improvements ruigb1 b*|p generate additional rentals of the Center. Be stated some Cuunoi\ozenobarx had
asked him to draft u policy for handling donations iothe Center (financial, services and physical itenoo).
He asked Council to provide him with their ideas about such a policy so he can make effective use o[h
time when drafting such apolicy.
C0000Uonoonher Woodruff utu1od be would like the policy to address how or if donations are accepted,
who receives the donations, and a process for determining the use of cash donations. He noted the luo{
meeting of the Center's Oversight Committee was in nnid Scp8onohoc 2009. He expressed he was
personally reluctant to have to have the CnnunoiMeo involved in handling the donations. Be u it
vvou|dbebe�cr{o have u policy Council agrees to, and tohave Stuffprocess donations according ithat
policy. If need be Staff can bring questions about donations to Council. Be thought this process would be
most expeditious.
Acting Mayor ?urgcon stated managing the Center's operations is uuuvv huuinopm for the City. The City
is in the yr000ao of establishing guidelines for running the business. She noted the City is subsidizing the
operations. She stated because the City only owns 50 percent of the Center it must exercise caution about
making physical changes 1othe Center that the other four cites with partial ownership may not agree with.
She expressed concern with ]low decisions have been made about making improvements {o the Center.
She stated she wanted there to be upoUoy for overall operations o[ the Center, including the handling of
donations, for Staff 10 manage to.
Councilmember Woodruff stated he was willing to attend another meeting of the Oversight Committee, of
vvhiob he and Counci|noonubor Zerby are nocruhero, to discuss such u policy. He did not think tbe
Conomoh1oo should be involved in the process of handling donations on an ongoing basis. Acting Mayor
7`urgeon stated that was not her intent. Counui|nnomnhmr Zu/hy stated he thought the Committee could
provide some direction io creating upolicy.
Cnnooi|nnomobur2Cor6v commented that some structural ubunAoo to (he Center are covered by the »ooCu|
ugresn0001u.
Acting Mayor Turgeon stated her specific concern about changes to the Center is about the changes made
to tile reception area which cost the City over $500 to bring electricity to that uo:u. Counoi|rnonnborZe/by
stated that was u |ommon learned and it has been discussed with the ononaAornont for tile Center.
Acting Mayor To[Aeon stated there was nothing on the list of possible projects for the Center that she
would support paying for in 2010 because the Center's operations are running u1uduficiL &doniuietra1o,
l|ook explained dburo are some tkidY costly building nnuin1ona000 iaeuco (e.g., the 8\//\C units and the
roof) that not outhe list because there is insufficient data u1this drne. The two most significant cost items
on the list include the voice/data line connection between the Center and City Hall for an estimated cost
of $5,000, and a rup|uucrnont audio sym\onn for all estimated cost of $5,000. TurAcon clarified her intent
was not 0o rniuoo manage the Ccnk:r`n Operation. Turgeoo guca|iouud vvby there are throe different
cleaning service providers providing services for tile Center. ?urgeon stated it appears the monthly costs
to operate the Center have gone bonn about $2 per month to $3,300 per month yet the revenue isn't
increasing.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2009
Rage I I of 13
Councilmember Woodruff stated the Center is operating as an enterprise. He suggested the Center's
operating budget be discussed along with the other enterprise budgets during the November 23 Council
work session. He recommended a Capital Improvement Program be prepared for the Center.
Councilmember Woodruff then stated during its first meeting the Oversight Committee discussed its
desire to have a key card access system installed at the Center for security purposes. That has not been
done. Administrator Heck stated Ms. Anderson has been in contact with the vendor Director Brown had
used, and Ms. Anderson was going to contact a few other vendors. Woodruff expressed his desire to have
this installation completed.
In response to a question from Councilmember Woodruff, Administrator Heck explained the City has
entered into a 3-year rental agreement with the South Shore Senior Partners. Acting Mayor Turgeon
requested a copy of the agreement. Heck stated he would provide Council with a copy of each of the long
term agreements.
Administrator Heck explained that during the 2009 State Legislative Session a law was enacted which
gives cities the authority to issue administrative citations for various minor traffic offenses that were
handled by the district court. Council had asked Staff to determine what it would require to implement an
administrative citation program. This current Administrative Code Enforcement process could potentially
serve as the foundation for handling the administrative component of such a program. He stated the
meeting packet for this meeting contains a copy of an Administrative Citation Tool Kit prepared by the
League of Minnesota Cities. He explained that because the South Lake Minnetonka Police Department
(SLMPD) provides policing services to the City it would have to become involved in the process. He
stated if Council would like to implement such a program, it should add it to the 2010 goals and
objectives.
Councilmember Woodruff expressed his support for Staff doing more work on this. He explained under
the current process the SLMPD receives very little fine revenue generated from traffic citations. Under an
administrative citations program the SLMPD /City would be able to keep a larger percent of the revenue
generated from minor traffic citations. He stated it would be awkward for the SLMPD to issue citations
one way for the City and another way for the other three SLMPD member cities. He requested that Staff
ask this item be placed on the next meeting agenda for the SLMPD Coordinating Committee. He
commented that there are cities that have implemented such a program.
Councilmember Zerby stated it would be important that all four SLMPD member cities implement such a
program; it can't be just select cities. He indicated he is willing to have Staff look into this further. He
expressed concern about the administrative costs associated with handling such a program. He also
expressed concern about making the SLMPD sort of like an enterprise operation.
Acting Mayor Turgeon stated the City would get $40 from a $60 minor traffic offense fine. The City
would have to track the citations and keep the funds frorn revenues separate. The revenues the City would
keep could be used to supplement its funding for the SLMPD, but it can't take the place of the regular
funding. She clarified she is not saying she is against doing this. She requested Council be provided with
additional information about the resources needed to implement such a program.
Administrator Heck stated the issues identified are some of the things Staff would have to research. He
commented some cities with their own police departments use the revenues generated to supplement
police training.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
November 9, 2009
Page 12 of t
D. Fire District Budget Discussion
Councilmember Woodruff recommended restoring $10,250 to training (Chief Gerber's number 3
priority), and to restore $1,300 to fire prevention (Gerber's number 4 priority). These would restore
training and fire prevention to the same level as in the adopted 2009 EFD operating budget. The
remainder of the funds not needed for the mandatory contribution should be put back into reserves.
Councilmember Zerby stated he agreed with restoring training and fire prevention to 2009 levels. He
suggested $600 be restored to repair and maintenance supplies. Councilmember Woodruff stated he
would support that if there had been a specific need identified. Woodruff then stated if an issue for either
of the public safety facilities arises it's the City's responsibility to provide its portion of the funding to
make the needed repairs. Zerby stated if there is a small repair that is needed he thought there should be
funds available to address the need.
Acting Mayor Turgeon stated she did not agree with either Councilmember Woodruff's or
Councilmember Zerby's restoration priorities. She wanted all of the budgeted the funds not needed for the
mandatory contribution to be put back into reserves where some of the finding for the contribution came
from. She expressed she was unwilling to restore any fiords to the operating budget at this point in time.
Administrator Heck stated he will pass this information on to Councilmember Bailey.
E. Representative at MetroCities / League of Minnesota Cities Regional Meeting
Councilmember Woodruff stated the MetroCities / League of Minnesota Cities 2009 regional meeting is
scheduled for November 19, 2009. He explained as part of that meeting member cities will have the
opportunity to vote on the adoption of various MetroCities policy statements. He noted each city has one
vote independent of size. He stated Administrator Heck will attend the meeting, and it's Woodruff s plan
to also attend. He thought it appropriate to authorize Heck to serve as the City's voting delegate.
Woodruff moved, Zerby seconded, authorizing Administrator Heck to serve as the City's voting
delegate at the MetroCities / League of Minnesota Cities regional meeting. Motion passed 310.
Administrator Heck stated he thought meeting registration started at 1:30 P.M. on November 19` He then
stated Councihmembers should let him know if they want to attend the meeting and he will get them
registered.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
TES
November 9, 2009
Page 13 of 13
11. STAFF AND COUNCIL REPORTS
A. Administrator and Staff
Administrator t County
Municipal • - t r union (the union representing Public • employees'
union's last week. The City has received the • • •- an executive session t
discuss the proposal on November 23 rd . From his vantage point he thought the meeting went well.
Heck then stated Attorney Tietjen has suggested Council have an executive session to discuss the legal
situation regarding Ron Johnson. He recommended scheduling the meeting after the December 4, 2009,
hearing with Ron Johnson has been held.
Councilmember Zerby stated during the October 26` Council meeting Mayor Liz6e stated she had asked
Andrew Gillett with Hennepin County to contact Administrator Heck about attending the November 23`
Council meeting to make a presentation on the topic of extending a trail from the LRT Trail crossing at
Comity Road 19 to the old Dakota Rail line in Orono. Administrator Heck stated the agenda for that
meeting will be very heavy. Acting Mayor Turgeon suggested anything that is not related to money
should be put on a different future meeting agenda. Heck stated Staff will do some creative shuffling of
the November 23' agenda if need be. He noted Mayor Lizee had asked to have the trail issue addressed as
soon as possible after Councilmember Bailey returned. Heck stated he was working with Mr. Gillett to try
and get him scheduled. Heck stated the last regular Council meeting scheduled for 2009 is on December
14` He indicated he will work with Staff and guest speakers to shuffle them around.
In response to a question from Acting Mayor Turgeon, Director Brown explained the replacement light
fixture for Glen Road is being manufactured. The City had a replacement pole but it did not have the
luminaire fixture. Brown noted there is a long lead time for that type of fixture.
12. ADJOURN
Zerby moved, Woodruff seconded, Adjourning the City Council Regular Meeting of November 9,
2009, at 8:57 P.M. Motion passed 310.
RESPECTFULLY SUBMITTED
Christine Freeman, Recorder
Christine Lizee, Mayor