041309 CC Reg Min5755 COUNTRY CLUB ROAD
COUNCIL CLAMBERS
7000 P.M.
1. CONVENE CITE' COUNCIL REGULAR MEETING
Mayor Lizee called the meeting to order at 7:01 P.M.
A. Roll Call
Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Assistant Attorney
Sonsalla; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; and
Engineer Landini
Absent: None
B. Review Agenda
Mayor Lizee requested Item 11.A.2 be moved to item 5.13 on the agenda.
Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, March 23, 2009
Turgeon moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of March 23,
2009, as presented. Motion passed 510.
3. CONSENT AGENDA
Mayor Lizee reviewed the items on the Consent Agenda.
Councilmember Woodruff stated with regard to verified claims check # 48226 to League of Minnesota Cities
Insurance Trust for an amount of $31,954.77, he did not recollect the item was specifically accommodated for in
the 2009 budget. He questioned what impact that one claim would have on the City's 2009 budget for legal
services. Director Burton stated it was likely the budget for legal services would be exceeded in 2009. Woodruff'
asked Burton to prepare a brief comparison of the 2009 legal expenses to date, the amount budgeted and the
projected 2009 expenditure. Administrator Heck explained the claim was for the League's cost in the defense of
the City's litigation with Ron Johnson.
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. City Hall Duct Cleaning
C. Approving ORDINANCE NO. 457, "An Ordinance Titled `License, Permit, Service
Charges and Miscellaneous Fees'."
D. Authorize Sanitary Sewer Televising Repairs
Motion passed 510.
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4, MATTERS FROM THE FLOOR
Bob Newman, 5230 Meadville Street, Greenwood, stated he had one item relating to the Southshore Center and
he asked if it was appropriate he discuss it now.
Mayor Lizee explained the Southshore Center item on the agenda was an update only so it was appropriate for
Mr. Newman to address his topic now.
Mr. Newman stated he is the Chainman of and the spokesperson for a newly formed committee called the
Southshore Advising, Directing, Honoring Our Community (ADHOC) Committee. The Committee is a
completely independent and temporary community-wide volunteer group of citizens who seek to act as a
clearing house of accurate information and provide assistance for the five cities' council members and the
public, and to facilitate the transition from current status of undetermined managerial responsibility, funding and
programming to long-tern stability for the Southshore Center. The Committee Members have a long and deep
knowledge of the origin and operations of the Center and, therefore, offer a unique historical perspective on
what has worked well and what has not. The Committee's goal is to facilitate and assist in securing the
permanence and perpetuation of an efficiently managed and optimally utilized Community Center as an
invaluable asset to multiple user groups and individuals within our greater conmmunity.
Mr. Newman then stated the Conmmittee is taking a very positive approach to achieving its goal. It's continuing its
efforts based on the phenomenal support exhibited one week ago during the April 6°i Shorewood City Council special
meeting. There clearly was a great deal of support for keeping the Center operational. The community acknowledged
there have been difficulties over time, but it clearly sent a message that it wants people to work through those issues and
find a solution that allows for the long-tern operation of the Center as a community asset. The Connnlittee will be
performing a number of tasks. The Conmmittee wants to make it self available to each of the five councils as an
interchange. It wants to release information to the newspapers regarding progress and significant occurrences. The
Coimrnittee will be a source of information so the community can stay informed about what is happening. The
Committee will be visiting all five cities' council meetings to make Committee Members available in person at the
meetings, as well as be available any other time.
Mr. Newman went on to state the Committee hopes that given the phenomenal community support and
momentum that has been generated that the councils would now see the benefit of pursuing the course of
successful resolution and creating something very special. There has been a lot of adversity. The Committee
wants to move forward in a positive light; it wants to leave what has happened behind and start with a clean
slate. The Committee wants to create an opportunity for the five cities to work together. From adversity people
often come up with something stronger and better than it was before. He cited a comment Councilmember
Turgeon had made a few weeks ago about given all of the activity around this issue recently if the only thing
that comes of it is the testing of the waters to see what the Connnnunity's sentiment is about the Center then that
was a good thing. The community has spoken. Maybe the exercise was a good one to go through because it
brought the commmunity together in a single voice of "Save the Center". The Committee hopes the cities' 25
council members can find a way to rally around the cause and the energy created to work with the Committee
Members, each other, the other individuals that have been involved with the Center and anyone else who wants
to be involved to create something stronger, better and more effective than what exists.
Mr. Newman also stated the Committee would like the Shorewood Council to work with the Committee. The
momentum and interest created can be considered somewhat like a freight train; a train that is gaining speed.
The tankers are frill of energy, the box cars are full of information and the passenger cars are full of people all
riding on the same track toward a very positive destination. It will be each of the five cities' choice and each
individual council member's choice if they want to climb on the train and ride it to the end of the track with
everyone else, or take and alternate route or even stay at the station. The Committee hopes no one will lay down
on the tracks in front of the train. There is an opportunity for everyone to recognize there was a real call from
the community. In the Committee's communications to the local newspapers and the Star Tribune, the
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Committee will be reporting activities related to the issue of the Center. The communications will acknowledge
both those who help in achieving a positive outcome and those who don't. The councils have an opportunity to
present as strong a voice as the public did on April 6"
Mr. Newman concluded his remarks by saying the Committee hopes the Shorewood Council and the other four
councils will join in on this pursuit. He stated that because the ADHOC Committee is newly formed he can
serve as the contact for the five cities' councils and then he and the Committee Members can disseminate
information or do anything the councils think would be helpful. The Committee is committed and determined to
succeed in creating something more special than the community has had before. He thanked Council for its time.
Councilmember Turgeon thanked Mr. Newman for his comments, and she requested if there is any information
the Committee wants from the Shorewood Council that he channel that request through the Shorewood City
Administrator.
Mayor Lizee thanked Mr. Newman for the Committee's efforts to move this forward to a positive solution.
There are a lot of members in the community as well as a lot of council members who are very concerned about
this issue and it would be fantastic if we can keep on track to finding a positive solution to it.
5. REPORTS AND PRESENTATIONS
A. Boy Scout Troup # 424 Citizenship in the Community Recognition
Mayor Lizee stated this evening Boy Scout Troup # 424 is present this evening for "Citizenship in the
Community Recognition". She noted Diana Eckerberg is present with the scouts this evening.
Ms. Eckerberg stated she is the Citizenship for the Community Merit Badge Councilor for the Troop.
Hayden Troy stated he is the Senior Patrol Leader of Troop # 424 which is based out of Excelsior. He explained
the Boy Scouts are required to complete several badges in order to achieve the rank of Eagle Scout. One of the
badges is the Citizenship in the Community badge. To complete this Badge the boy scouts must learn about their
community's unique culture. Some of the requirements for attaining the Badge are: giving a presentation about
our conu-lunity; volunteering at a community enrichment service project (the Troop has chosen the Kids Against
Hunger charity organization); and attending a city council meeting (which is why they are present this evening).
Mayor Lizee called each of the 15 Boy Scouts individually to the podium and presented each of them with a
"Certificate of Achievement".
In response to a question from Mayor Lizee, Ms. Eckerberg stated the Boy Scouts will stay at this meeting until
8:30 P.M.
B. Southshore Center
This item had originally been Item 11.2.A on the agenda.
Administrator Heck explained that the Southshore Center working group (the Group) met on April 7, 2009, and
reviewed the three requests for proposals (RFPs) it received for management services for the Center. He
explained the group consists of one elected official from each of the five member cities (the Cites) plus one
other representative from each City. He stated RFPs were received from SouthShore Senior Partners (SSSP),
Community Rec. Resources (CRR) and Charthouse Management. The Group decided to interview
representatives from CRR and Charthouse Management on April 23, 2009, with CRR being interviewed at 7:30
A.M. and Charthouse Management being interviewed at 8:30 A.M. The Group elected not to interview SSSP as
the proposal SSSP submitted was not in conformance to the RFP requirements.
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Administrator Heck then explained the Greenwood City Council met on April 7, 2009, and it decided it did not
agree with the Shorewood Council's interpretation of Section 6(a) in the Cooperative Agreement regarding
Shorewood's right to acquire the Southshore Center. The City received a letter from Greenwood's City Attorney
stating Greenwood's position. The Greenwood Council did consider and approve the temporary operating
agreement between the five member cities (the Cities) and SSSP without any changes. The Greenwood Council
also considered the memorandum of understanding (MOU) between the Cities and approved it subject to
Greenwood's liability being reduced from the 20 percent stated in the MOU to no more than 3.95 percent, which
is the percent Greenwood contributed to the construction of the facility. He anticipated he would hear from the
Deephaven, Excelsior and Tonka Bay City Councils over the next few weeks regarding the two documents.
Councilmember Turgeon explained that with the dissolution of the Friends there is no agreement in place that
requires the Cities to contribute anything to the operation of the Center. The Shorewood Council has asked each
of the Cities to pay 20 percent of the costs (in excess of revenues earned) between March 1, 2009, and June 30,
2009. Administrator Heck has projected the amount the Cities would have to pay to be nominal. The Greenwood
Council has stated Greenwood does not want to pay 20 percent, and it does not want to pay part of the cost of a
commercial appraisal of the facility.
Councilmember Zerby stated the Friends dissolving has nothing to do with whether or not the Cities are required
to contribute anything toward the operational costs for the Center. The Cooperative Agreement between the
Cities only addressed the construction of the facility; it did not address the ongoing operation of the facility. The
cost to operate the Center has been an ongoing conversation for quite some time. The Friends dissolving may
have made it more pertinent. Councilmember Turgeon stated the Friends had been responsible for the
operational costs the Center.
In response to a question from Councilmember Zerby, Director Burton stated she anticipated that within 2 - 3
weeks Council would have an appraisal.
Councilmember Zerby questioned why Shorewood would follow through with having an appraisal done when
two-thirds of the Cities do not agree that Shorewood has the right to exercise the Shorewood Option.
In response to a question from Councilmember Zerby, Director Burton stated she received one quote that the
cost of an appraisal would be $1,500.
Councilmember Turgeon stated she no longer thinks there is any value in having an appraisal done because
there is not agreement between the majority of the Cities that Shorewood can exercise the Shorewood Option.
There is no buyer for the Center. If anyone were to buy the Center it would likely be the City of Shorewood. The
Cost for Shorewood to buy the facility is already known and that cost is $311,000. She questioned the need for
an appraisal until there is agreement between at least four of the Cities to sell the facility.
Turgeon moved, Zerby seconded, directing Staff to stop any further action related to having an appraisal
conducted of the Southshore Center.
Mayor Lizee agreed if the facility is not for sale there is no need for an appraisal. She noted for insurance
purposes the League of Minnesota Cities has valued the facility at approximately $1.18 million; that amount is
very different from the market value of the facility.
Motion passed 510.
Councilmember Woodruff stated he has not seen a copy of the RFP for management services for the Center and
he would like to. Administrator Heck stated the Group put the RFP together and it did not distribute it to the
Cities' councils. Heck stated he would forward it to Council. He stated copies of the RFP responses should have
been included in the meeting packet for this meeting.
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In response to a question from Councilmember Turgeon, Administrator Heck stated if Council has questions it
would like the Group to ask during the interviews he would like to receive them by April 20`'.
6. PUBLIC HEARING
None.
PARKS
No report was given because there had not been a Park Commission meeting since the last City Council regular
meeting.
Mayor Lizee stated the agenda for the April 14, 2009, Park Commission meeting contains an item titled
"Accepting the Quote and Awarding the Contract for the Eddy Station Facility Rehab". She questioned if that
meant the Park Commission would be accepting the quote and forwarding its recommendation to Council
because the Commission does not award contracts. Councilmember Woodruff stated he is the liaison to the Park
Commission, and the better choice of words would be to review the revised proposal and recommend if the
contract should be awarded. The Commission had previously gone through a bid process and Council had
accepted a quote for refinishing the Station, but by the time they did the recommended firm had gone out of
business.
PLANNING
Commissioner Geng reported on matters considered and actions taken at the April 7, 2009, Planning Commission
meeting (as detailed in the minutes of that meeting). He noted that Chair Schmitt will be resigning from the Commission
because he has moved to Buffalo. He stated the Commissioners are disappointed about Schmitt's upcoming departure.
Schmitt has done a terrific job as Chair and his knowledge and expertise about planning related matters have been
invaluable. His departure will be a loss to the Planning Commission and to the City.
Mayor Lizee stated Planning Commission Chair Schmitt's departure will be a loss, and she noted he did discuss
the possibility of his moving earlier in the year. She then stated the Council had interviewed a great pool of
candidates for the Commission in February. She suggested Council meet before its April 27`x' regular meeting
and review the list of candidates not selected for the Commission in February to determine if one of them would
be a viable candidate for the Commission. She also suggested Schmitt be asked for a recommendation on his
replacement as Chair. She asked Commissioner Geng if he would stay through the discussion about the
administrative enforcement policy.
Councilmember Woodruff requested Administrator Heck contact the February Planning Commission candidates
who were not selected to find out if they were still interested.
A. Administrative Enforcement
Director Nielsen stated over the last few months the Planning Commission and Staff have been working on an ordinance
that would provide for administrative enforcement of a number of provisions in the City Code. The complaint process
the City currently uses can be very expensive and time consuming if the City has to go to court. The administrative
enforcement policy will allow the City to essentially write the violator a ticket. For sign violations and rental housing
violations the City's only real remedy is often to take the violator to District Court.
Nielsen explained the draft ordinance regulations provided to Council has been reviewed by the Planning
Commission. The Commission held a public hearing for administrative enforcement during its 18 November
2008 meeting. The City Attorney has since reviewed the regulations and her comments are included in the draft
provided to Council. The Commission reviewed the updated regulations and Staff's proposed fine schedule
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during its April 7TH' meeting, and the Commission thought the proposed fines were too low. The schedule
provided to Council has been revised based on the Commission's recommendations. The meeting packet also
included a request for qualifications for hearing officers. Part of the administrative enforcement process includes
the opportunity for a violator to come before a hearing officer to appeal a citation for a violation. Periodically a
hearing officer will in effect hold City court to hear appeals. The statement of qualifications (SOQ) state an
applicant must be licensed to practice law. The current thought is to establish a small pool of hearing officers to
draw upon with the pool eventually being downsized to one or two officers.
Nielsen stated the document provided to Council is not in ordinance format. It will be presented to Council in
that format for Council consideration at its April 27, 2009, meeting. Staff hopes to have an administrative
manual prepared by that meeting also. The manual will be used by Staff, the hearing officers and the people
affected by the proposed code.
Mayor Lizee stated there are three things that must be completed prior to the implementation of this process.
They are the adoption of a fine schedule, the adoption of administrative enforcement procedures, and the
advertisement for and the selection of hearing officers.
Mayor Lizee asked Director Nielsen if anyone from the public spoke during the public hearing for
administrative enforcement, to which Nielsen responded there may have been one person in the audience and he
did not remember if they spoke. Lizee then asked if any of the other South Lake Cities are doing this. Nielsen
stated not in the South Lake area, noting the City of Minnetonka uses this type of process and has done so quite
successfully. The City of Bloomington has also had success with this process.
Mayor Lizee asked Council if it had any comments on the fine schedule.
Councilmember Bailey stated Director Nielsen had explained the fines should be high enough to serve as a
deterrent for potential violators, yet not so high as to encourage a violator to seek legal representation to
challenge the citation. He asked Nielsen how the proposed fines were detennined. Nielsen stated he had
reviewed the fines proposed by some other cities, and the fines Staff proposed were on the low side. Staff
thought if the proposed fines were not high enough to cover the cost of the hearing officer, then the fines could
be adjusted upward. All of the Planning Commissioners thought the fines were too low. He explained fines for
subsequent violations increase on a graduated scale, and a number of cities double their fees the first time.
Bailey stated he did not want people to think this is a cost of doing business. Nielsen stated the Commission
expressed the same concern.
Councilmember Woodruff stated the proposed fine for a Class A Offense is $100 and that won't cover the cost
of a hearing officer. He questioned if the City would be better off with this system than going to court. Nielsen
stated the goal is to come out better financially. Nielsen cited the situation in 2008 where the City spent nine
months in court and over $8,000 to get someone to remove a zoning violation. He noted a person will still have
the opportunity to appeal a violation in District Court. Individually the fine may not cover the cost of a hearing
officer, but he anticipated many people will just pay the fine and not go to City court.
Iii response to a question from Councilmember Bailey, Director Nielsen stated Staff has not yet determined the
cost for a hearing officer.
Mayor Lizee stated Hennepin County has encouraged local cities to consider administrative enforcement
because the County Courts have such a heavy case load. Director Nielsen commented when cities first decided
to consider administrative enforcement District Judges were not all that supported, but that has changed.
Councilmember Turgeon stated she thought it would be beneficial to start this process, and she commented that
the State Legislature is discussing expanding the list of violations cities can write tickets for (e.g., minor traffic
violations). Director Nielsen stated Staff has been very careful not to include any violations related to traffic.
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Councilmember Zerby stated he was the liaison to the Planning Commission at its April 7"' meeting, and he also
thought the fines proposed by Staff were too low. He thought the $300 now being proposed for Class C
Offenses, which includes wetland and tree preservation regulations violations, may still be too low and he
questioned if it should be higher. Director Nielsen explained imposing a fine for those violations is optional. For
example, if someone filled in part of a wetland it would be unlikely the City would use this tool; it would more
likely be that the City would go directly to District Court and that would be a misdemeanor case with a fine of
$1000. This administrative enforcement fine would be used for things such as someone dumping leaves in a
wetland. The City's tree preservation ordinance provides for its own fine which would be in addition to the
administrative enforcement fine. This tool may be used for when an excavator lrnocks over tree protection
fencing and doesn't bother to put it back.
l1 response to a comment from Councilmember Turgeon, Director Nielsen stated the fine schedule being considered by
Council is consistent with what the Planning Corninission recommended. In response to another comment from
Turgeon, Nielsen stated if the SOQs indicate the fines are not high enough to cover the costs for hearing officers, he
would discuss increasing the costs with the Planning Conunission before he did so with Council.
Mayor Lizee suggested Staff contact the other four South Lake Cities and encourage them to use this same
process to work with a pool of hearing officers and have quarterly hearings. She stated she was not implying the
City wait on them before implementing this process. Administrator Heck stated he as spoken with the Tonka
Bay City Administrator about this and she expressed interest. He explained the City of Excelsior does issue
administrative fines and it uses the City of Minnetonka's hearing officer process for appeals.
Councilmember Woodruff stated in the draft regulations document, the definitions section states "civil penalty",
yet in the regulations it refers to "criminal prosecution or civil litigation" and "bringing criminal charges". He
questioned if there was a remnant of some criminal process that should have been removed. Director Nielsen
stated the intent is to try and avoid the criminal process, not eliminate it.
Councilmember Woodruff suggested the definition of "owner" be refined to cover situations where the property
owner is not the violator.
ENGINEERING/PUBLIC WORKS
A. Engineering Consultant Pool Services
Engineer Landini stated the City received 17 responses to the request for qualifications (RFQ) it issued to select
finds for inclusion in a pool of firms to use for Engineering Services. The RFQ was published on the League of
Minnesota Cities' website and in the local paper. Staff evaluated all 17 statements of qualifications. The fines
were evaluated on; its ability to follow the directions; whether or not it had certain services in house; where the
work would be performed; the experience of the inspection person; references; litigation experience; experience
of the project manager; and software compatibilities. Council was provided with a tabulation of the scores.
Based on the scoring Staff recommends the firms of WSB & Associates, TKDA, Bolten & Menk and HTPO be
selected for inclusion in the pool.
Mayor Lizee thanked Staff for preparing the scoring sheet as it made the evaluation easy to understand.
Turgeon moved, Bailey seconded, establishing the firms of WSB & Associates, TKDA, Bolten & Menk,
and HTPO as a pool of Qualified Engineering Service Consultants to implement the Capitol
Improvement Program.
In response to a question from Councilmember Woodruff, Engineer Landini explained the scoring sheet
indicates a firm could receive a score of either zero or three for having survey services in house, with three
being it did. The score of three indicated the importance of having that. In response to another question from
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Woodruff, Landini explained Staff tried to weight the criteria by the scores. In response to a third question from
Woodruff, Landini explained the hourly rate for the inspector was included in the evaluation because the
inspector would be full time on the job and have the most financial impact on the cost. Landini noted all the
firms that responded included a full rate sheet.
Councilmember Woodruff stated he received input from one of the responders who stated the RFQ did not ask
for references. That responder did not supply any references, and therefore received a score of zero for that
criterion. Engineer Landini explained that all of the responders submitted names of cities the responder had done
work for, and that is who he contacted. Landini stated he did not think he needed to have a list of references.
In response to a question from Councilmember Bailey, Engineer Landini explained these four firms will be
asked to bid on the various projects.
Councilmember Bailey complemented Engineer Landini on the job he did.
Motion passed 510.
B. Radio Read Water Meter Replacement Project Return on Investment
Administrator Heck stated Council had directed Staff to calculate a rate of return for the City's investment in
radio read water meters. Director Brown's memorandum dated April 9, 2009, describes how the rate of return
was calculated. The Radio Read Water Meter Replacement Project has 12.7 year payback period; this period is
substantially less than the 25-year service life of the meters.
Mayor Lizee stated the memorandum clearly demonstrates this was a good investment for the City. She stated
these meters also have a positive impact on the personal safety of Public Works staff.
Councilmember Woodruff thanked staff for the analysis. He stated the analysis does not factor in the time value of
money, and it also ignores the escalation in labor costs. Those two things probably offset each other. He hoped a
projected return on investment would be calculated for future projects prior to Council authorizing the work.
Woodruff moved, Zerby Seconded, accepting the Radio Read Water Meter Replacement Project Return
on Investment Report.
Councilmember Turgeon asked if Council should just acknowledge the receipt of the report. Mayor Lizee she
wanted Council to accept the report.
Motion passed 510.
Mayor Lizee thanked Director Brown for his efforts.
10. GENERAL/NEW BUSINESS
A. City Hall Landscaping Report
Director Nielsen stated he and Donna Woodruff (on behalf of the Southshore Gardeners) met with Steve
Wadsworth of All Seasons Landscaping regarding landscaping for the City Hall property and the City-owned
property next door. The three of them identified five areas that needed landscape work; the entry area to City
Hall; the landscaped berm area on the west end of the parking lot; the west side of building along Country Club
Road; the back of the building; and the rain garden proposed for the City-owned property. Mr. Wadsworth
quoted a design fee of approximately $1,750, which he thought was reasonable. A very ballpark estimate for
landscaping was a good case of sticker shock. He stated Mr. Wadsworth had a lot of good ideas. He related that
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Mr. Wadsworth stated it was a "very plush" plan which could be pared back and/or phased in. He stated that
based on the ballpark estimate he now thinks the City should get another quote for the design work as well as
the landscaping itself. He requested Council provide him with a not-to-exceed amount for landscaping. He
stated he had discussed this with Administrator Heck and they thought the limit should be $30,000 - $40,000.
He explained part of the cost is to do some necessary soil correction work. The berm in the front is essentially
old material from the parking lot, and nothing grows well there. There is some of that same type of material in
front of the building.
Mayor Lizee stated the landscaping will be part of the design of City Hall. Council had discussed efforts to go
"green" and consider more native landscaping. She encouraged Staff go through the RFP process. There are a
lot of local firms that do native design work. She commented there have been offers from the Minnehaha Creek
Watershed District (MCWD) to help with the design, and there are also grants available if the City wants to
partner with the MCWD in considering native plantings. Director Nielsen stated Staff met with the MCWD and
the MCWD indicated it could contribute a small amount of money for native plants. Lizee stated the plan could
be implemented in phases over 3 - 5 years.
Director Nielsen stated he could get the list of firms who responded to the park planning RFP. Some of
responders were landscape architecture firms or individuals and the City might be able to draw from that list.
Mayor Lizee stated it is important for Staff to solicit bids to ensure the big picture is considered.
Councilmember Turgeon stated she would find it difficult to establish the upper limit without having something
to base it on.
Director Nielsen stated Public Works staff may be able to help with soil correction efforts.
Councilmember Woodruff stated 3 - 4 percent of a $1 million dollar project is a reasonable amount of money
for landscaping. He noted TKDA is doing a concept plan for the City's parks with Badger Park being one of
them. He suggested the landscaping plans for City Hall be coordinated with Badger Park improvements.
B. Financial Reporting Discussion
Administrator Heck stated he, Director Burton, Councilmember Bailey and Councilmember Woodruff have
been working on the design of a monthly financial reporting method to provide meaningful information about
the City's current financial status and monthly/yearly comparisons. The report formats have undergone changes
of the last few months; therefore, Staff thought it prudent to ask the other Councilmembers to comment on the
formats of the four draft reports included in their meeting packets. One of the requests Council had was for a
calendarized reporting system. Because all the 2008 information is not available for the calendarized reports,
Bailey had suggested 2008 be used as the base year and future years be built off of that.
Mayor Lizee thanked Administrator Heck and Director Burton for their efforts.
Councilmember Zerby asked what goal Council wanted to achieve from creating the reports. It the goal is just to
monitor finances month to month to ensure things are on track, he thought the City's financial department can
do that. Councilmember Bailey explained the Monthly Budget Report in the packet compares February 2008
actual to February 2009 actual; it shows revenues from licenses and permits in 2008 were $18,219 and in 2009 it
was $2,784. Based on that he would ask what the reason was for that variance, and then decide if an adjustment
should be made. The reports should serve as a basis for a no-more-than 10 minute discussion by Council and
Staff during a meeting about what the issues are.
Councilmember Zerby stated he thought looking at just one month was too short of a time period, with which
Councilmember Bailey agreed. Bailey explained the second report shows year-to-date comparisons. It's
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important to know if revenue and expense year-to-date variances are significant; if so Council and Staff can
decide whether or not some sort of action should be taken.
Councilmember Zerby questioned if it would be worthwhile for Council to decide that for variances above a
certain percent Staff should provide Council with a brief explanation of why. Council could review those
variances on a quarterly basis.
Councilmember Bailey stated he envisioned that both Staff and Council would use the reports to gain an
understanding of what is happening with revenues and expenses. Council can use the reports to ask questions
they may have about the information in advance of a meeting, and then they can be discussed at a meeting.
Council can decide if corrective action should be taken, and it can assess if there should be any impact on the
upcoming year's budget. The year-to-date report will be more useful as the year progresses.
Councilmember Zerby stated he was thought a rolling 12-month comparison would be better. Councilmember
Bailey stated he had suggested that at the beginning; he also thought a rolling 12-month comparison would be
better.
Councilmember Turgeon stated the reports should help make sure there are no surprises at year-end. She stated
she thought the reports were good.
Councilmember Bailey stated the reports can be refined over time. He thanked Administrator Heck and Director
Burton for their efforts.
In response to a question from Councilmember Zerby, Director Burton explained that once the formats are
finalized, Staff hoped to create a customized report off of the financial system. Once the reports are automated
accuracy will increase. Administrator Heck stated the time consuming part is the entering of actual data for
2008. Burton said the goal is to have a report that can pull information from the financial system.
Councilmember Bailey stated after March 2009 information is available it would be worth while to have a
quarterly review of the 2009 budget. Councilmember Zerby agreed it could be beneficial for Council to have
quarterly work sessions to discuss the current year's financial performance.
Councilmember Woodruff stated he thought the new reports were a big improvement over the old reports. He suggested
Staff provide Council with explanations for significant meaningful variances when the reports are distributed. Staff
should also provide their recorrnnendations for dealing with the variances that warrant corrective action being taken.
Staff should decide when to initiate discussion with Council based on the amount of variance.
Mayor Lizee stated she believed Council gave Staff direction to conduct quarterly updates.
C. COPS Grant
Administrator Heck stated South Lake Minnetonka Police Department (SLMPD) Chief Litsey had written a
memorandum to the SLMPD Coordinating Committee about possibly applying for a grant from the COPS
Hiring Recovery Program (CHRP). Council had been provided with a copy of the memorandum. He related that
Mayor Lizee is seeking input from Council on this item. Based on various emails he thought Chief Litsey was
encouraged to proceed with the process of applying for a grant, and the Coordinating Committee could decide at
its next meeting if the SLMPD should continue with the process or withdraw its application. Heck explained if
the SLMPD received a grant it would have money to pay for an officer for three years, but starting in year four,
the SLMPD becomes responsible for those costs. Based on the most recent contract for the SLMPD labor union,
he estimated the base wage for a fourth year office to be approximately $72,500 and benefits costs would be
approximately $15,000. He thought this would be an agenda item for the next Coordinating Committee meeting.
CITE' OF SHOREWC _JLAR COUNCIL MEETING MINUTES
April 13, 2409
Page 11 of 13
Mayor Lizee stated the next Coordinating Committee should be held this month and this topic will be discussed
during the meeting. She explained that applications had to be made between March 16, 2009, and April 14,
2009. She thought it had been prudent to take a proactive approach, noting there are no guarantees the SLMPD
will be awarded a grant. She stated if Council has any comments or questions she can bring them forward at the
next Coordinating Committee meeting.
Councilmember Turgeon stated she didn't mind going through the grant application process. She expressed
concern that someone has known about this since March 9, 2009, yet this is the first time Council was asked
about this. She stated Chief Litsey's memorandum states the grant funds would be used to hire an entry-level
officer. During SLMPD strategic planning discussions in 2008 she thought the cost of the base salary for an
entry-level officer was approximately $50,000. Administrator Heck's base-salary projection was at the Deputy
Chief level. She explained Council had a lengthy discussion about the merits of adding an officer in 2008, and
there was disagreement as to whether or not the need for one had been proven. She requested if the grant were
approved that the SLMPD's four member cities' councils, not just the Coordinating Committee, discuss whether
or not to accept the grant. She wanted Litsey to explain what the impact would be on the SLMPD budget
starting in the fourth year. She stated Litsey's memorandum states the SLMPD needs close to $300,000 in grant
monies to cover the cost of a new officer for three years. She commented that during 2009 budget discussions
Council had indicated to Litsey that he could hire another officer as long as it could be funded within the 2009
budget increase of 6 percent over the 2008 adopted budget. She questioned what would happen if the grant was
for less than $300,000.
Mayor Lizee stated the Coordinating Committee and the councils will get more information as things move
along. She explained the grant would tentatively start on September 1, 2009, and go through August 31, 2012.
Councilmember Turgeon asked if there could be a requirement that member cities' councils have an opportunity
to weigh in on this.
Councilmember Zerby stated Councilmember Turgeon referred to this Council's actions in 2008, and he
clarified he was not a member of the Council then. He then stated although he could somewhat appreciate
Turgeon's desire to have the member cities' councils to weigh in on this because it would be nice to have the
discussion about this before the budget process begins; but, he did not think that one council (Shorewood) could
impose that requirement.
Councilmember Bailey stated Council can't demand anything, and he noted Mayor Lizee was asking for
direction from Council. Councilmember Zerby agreed with Bailey.
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 audio visual equipment for the
Council Chambers should be installed the next week. There are a few electrical items that have to be done. The
generator has to be tested. There is a construction project meeting scheduled for April 14, 2009, and one of the
big "punch list" items for the project is the change order. The shadow box sign was installed on the building.
Mayor Lizee stated that is a great design element. Lizee then stated she looked forward to receive an update on
how things are progressing.
2. Southshore Center
This was moved to Item 5.13 on the agenda.
CITE' 0 i OD REGULAR COUNCIL MEETING MINUTES
April 13,
Page 12 of 13
3. SE Area Water Tower
Administrator Heck stated trouble was encountered when filling the SE Area Water Tower. A hardhat had fallen
into the Tower during the reconditioning of the Tower; it has since been removed. The reconditioning effort has
resumed. The process of filling the Tower can be started and the chemical testing can be done.
Councilmember Zerby asked when the cell phone towers will be placed back on to the Tower. He has received
complaints about the noise generated from the mobile antenna. Administrator Heck stated he did not have an
answer for that but he would find the answer.
Other Staff Deports
Administrator Heck stated the City-owned house had been rented with a two year lease with an option to
purchase. Staff has to remove the City-owned items from the garage.
B. Mayor and City Council
Mayor Lizee stated she had a coffee with the mayor session on April 11"', and more than twelve people came to
talk to her over an almost three-hour period. People expressed a lot of concern about the Southshore Center.
There was also discussion about a Community Garden Project at one of the City's parks. People told her a group
of Conllmunity Gardeners (not the Southshore Gardeners) had submitted plans to the Park Commission and she
would like to receive more information about that.
Lizee then stated an Excelsior Library book sale is scheduled for April 18`x' from 8:00 A.M. - 4:00 P.M. More than 130
boxes of books have been donated for the sale. The sale will be held at the Mount Calvary Lutheran Church.
Councilmember Woodruff stated the Lake Minnetonka Conservation District's (LMCD) Exotics Task Force met
on April 10"'. During that meeting there was a great deal of discussion about the aquatic invasive species (AIS)
inspection program. The LMCD, the Lake Management Association (LMA), and the Minnesota Department of
Natural Resources (MnDNR) have agreed to work more closely on the issue of AIS in Lake Minnetonka. There
was agreement between the LMCD and the LMA to attempt to increase funding for inspections by 50 percent
for 2009. The LMA agreed to match 50 percent of the LMCD's increased contribution. The MnDNR committed
to increase its inspections by potentially hiring more inspectors.
Woodruff then stated zebra mussel shells have been found on the shore of Prior Lake. The MnDNR is going to
conduct some sampling of the Lake to see if it can find live samples, and it will take some action to try and
contain the problem.
Mayor Lizee stated invasion of zebra mussels is a huge issue. She stated the Lake Minnetonka communities
have had discussions about the ramifications of them entering the Lake.
Lizee asked Councilmember Woodruff what the increase in inspections would entail. Woodruff explained
inspections are conducted at all of the public launches, with the exception of one lightly used launch, but they
are not conducted around the clock. The MnDNR hopes to increase the hours during which inspections are
conducted. There will be approximately $21,000 added for inspections. Representatives from the LMCD, the
LMA, the MnDNR, the Three Rivers Park District, and Hennepin County attended the Exotic Species Task
Force meetings. Representatives from the Army Corps of Engineers participated in the last meeting via phone.
Mayor Lizee stated the Minnehaha Creek Watershed District (MCWD) has expressed interest in assisting with
this issue. Councilmember Woodruff noted MCWD representatives were also in attendance at the last meeting.
CITY OF SHOREWOOD REGULAR COUNC i ]-A -NG MINUTES
April 13, 2009
Page 13 of 13
Mayor Lizee stated there are a number of private launches at marinas on Lake Minnetonka. She suggested
something be published about the issue in the City's newsletter.
Councilmember Woodruff suggested the LMCD Executive Director be invited to the next Council meeting to
discuss the LMCD's entire AIS program. Mayor Lizee suggested she and Woodruff get together to discuss some
type of presentation.
l1 response to a comment from Councilmember Turgeon, Mayor Lizee suggested it may be beneficial to have a
mayors' roundtable discussion with the Lake Minnetonka communities' mayors and representatives of the
various agencies to discuss this issue.
Councilmember Bailey stated an Excelsior Fire District (EFD) Board budget worlc session is scheduled for April
22°d. He noted he has asked EFD Chief Gerber to attend Council's May 11'll meeting to discuss the preliminary
EFD 2010 budget. He stated he was asked to and he agreed to serve as the EFD Board's representative on the
Excelsior Firefighters Relief Association (EFRA) Board. The EFRA pension fund is significantly more under
funded than was originally thought, noting is was not the fault of the EFRA Board. He stated the EFD's five
member cities will have to address the funding problem.
Bob Newman 5230 Meadville Street Greenwood, asked Councilmember Woodruff if the agencies have
considered reducing the number of access points to Lake Minnetonka to better utilize the resources dedicated to
inspections. Woodruff responded no, noting there have been discussions about that in the past. The LMCD plans
to revisit the Lake Minnetonka Management Plan during its strategic planning discussions; that Plan does
discuss the number of access points.
12. ADJOURN
Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of April 13, 2009, at
8:56 P.M. Motion passed 510.
RESPECTFULLY SUBMITTED,
Christine Freeman, Recorder
Christine Lizee, Mayor