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102609 CC Reg MinCITY OF SHORE WOOD 5755 COUNTRY CLUB ROAR CITE' COUNCIL REGULAR MEETING COUNCIL, CHAMBERS MONDAY, OCTOBER 2, 2009 7 :0 P.M. Mayor Lizee called the meeting to order at 7:02 P.M. A. Roll Call Present. Mayor Lizee; Councilinembers, Turgeon, Woodruff and Zerby; Attorney Tietjen; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councihnember Bailey B. Review Agenda Zerby moved, Turgeon seconded, approving the agenda as presented. Motion passed 4/0. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 12, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of October 12, 2009, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, October 12, 2009 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of October 12, 2009, as amended in Item 3, Page 2, Paragraph 1, change "Council discuss what claims related to the Southshore Community Center should be charged back to the Center" to "Council discuss what claims related to the Southshore Community Center's adjacent grounds should be charged back to the Center ". Motion passed 4/0. C. City Council / Park Commission Joint Meeting Minutes, October 13, 2009 Woodruff moved, Zerby seconded, Approving the City Council / Park Commission Joint Meeting Minutes of October 13, 2009, as amended in Item 2, Page 2, Paragraph 1, Sentence 2, change "Weinzetl noted that the association would dedicate itself to raising up to $270,000 of the funds needed for the project" to "Weinzetl noted that the association would dedicate itself to raising up to $270,000 of the funds needed for the project subject to the organization's approval ", and in Item 2, Page 2, Paragraph 3, Sentence 2, after the word zamboni add "if a shelter is required for the chiller, ". Motion passed 31011 with Turgeon dissenting due to her absence at the meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEE MINUTES October 26, 2009 Page 2 of 21 A. Approval of the Verified Claims List Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Hennepin County Sheriff Rich Stanek — Overview of the Sheriffs Office Mayor Liz6e stated Hennepin County Sheriff Rich Stanek is present this evening to give an overview of the Sheriff's Office. She noted that South Lake Minnetonka Police Department (SLMPD) Lieutenant Dave Pierson is also present as courtesy. Sheriff Stanek stated he and Inspector Jeff Storms (who heads up the Sheriff's Office Enforcement Services Bureau and Communications Dispatch Center) wanted to provide Council with an overview of the Sheriff's Office and how it works in partnership with the SLMPD. The highlights of Sheriff Stanek's comments are as follows. (Additional information can be found in the Hennepin County Sheriff's Office 2008 Annual Report a copy of which was distributed to Council.) ➢ In Hennepin County there are approximately 1.2 — 1.3 million residents, there are 47 different jurisdictions, and more than 36 law enforcement agencies. ➢ The Sheriff's Office provides services to some individual communities. There are 6 — 12 deputies who handle the west metro area. ➢ Across Hennepin County violent crime (e.g., rape, robbery and murder) increased 15 percent in both 2005 and 2006. It decreased 10 percent in 2007 and 12 percent in 2008. Year -to -date 2009 there appears to be a 10 — 12 percent decline. ➢ In the Sheriff's Office there are approximately 850 full -time employees and 150 special deputies / volunteers. ➢ The Patrol Division is located in Brooklyn Park. The Hennepin County Jail is located in downtown Minneapolis. The Water Patrol Headquarters is located in Spring Park. The dispatch center and administrative offices are located in Golden Valley. The crime lab is located in downtown Minneapolis. ➢ The Sheriff's Office provides eight distinct lines of business. The Adult Detention Division maintains security at Hennepin County Jail. The Office assists with search and rescue operations, and with public safety Emergencies County wide. It participates in investigations, makes arrests, enforces criminal code, and enforces traffic laws. The Water Patrol Unit governs water and snowmobile safety enforcement. The Transport Unit transports prisoners and others in care of the Court. The Court Security Division maintains standards of order within Hennepin County Court rooms. The Communications Division provides dispatch services for 36 of the 42 communities, and to 42 local police and fire departments. ➢ In 2008 the Communications Division processed approximately 579,000 calls for service. Slightly less then 12,000 calls were for the South Lake area. ➢ The Sheriff's Office launched a new Computer Aided Dispatch system in 2007. It's the backbone for the 800 MHz radio system in the County. It handles approximately one - third of all the 911 calls generated in the County. CITY OF SHOR WOOD REGULAR COUNCIL MEE'rING MINUTE October 26, 2009 Page 3 of 21 The Hennepin County Jail is an 839 bed facility. It's a pre - adjudication facility. In 2008 the Sheriff's Office booked approximately 40,000 people at the Jail. Approximately 70 percent were repeat offenders, and approximately 60 percent were for driving under the influence of drugs or alcohol. The average length of stay was 6.8 days. ➢ The SLMPD booked 99 people into the Jail in 2008. ➢ The Court Security Division provides court room and building security at nine locations in the County. ➢ Its Civil Unit processed over 7,300 mortgage foreclosure sales in 2008. ➢ The Sheriff's Office conducts investigations through a number of different avenues including special task forces, detectives, and its Criminal Information Sharing and Analysis (CISA) Unit. CISA provides a platform for agencies in the County to share crime related information. ➢ The Violent Offender Task Force is a joint effort with local, federal and state law enforcement agencies, it focuses on proactive investigations of violent offenders. There are four other narcotics units that work across the County. There are additional narcotics units in the County that work with neighboring counties. ➢ The Sheriff's Office is mandated by law to serve warrants. It served over 11,000 warrants in the County in 2008. ➢ The Crime Laboratory Unit has a state -of -the -art crime lab. The Unit provides forensic services to 32 suburban law enforcement agencies in the County as well as several state and federal agencies. The lab is one of only three accredited crime labs in Minnesota able to process human DNA. In 2008 the SLMPD used about 30 scene hours which is about average for the size of coverage area served. The Sheriff's Office was recently awarded a $1.1 million grant to add seven employees to this Unit to focus on DNA analysis. The County Board granted the Sheriff's Office $430,000 for remodeling and expansion of the crime lab. In January 2009 the Sheriff's Office was awarded a $500,000 grant to focus on cold cases. The highlights of Inspector Storms comments about the Enforcement Services Division are as follows. ➢ The Enforcement Services Division (formally known as the Patrol Division) incorporates the Special Operations Division. ➢ The Emergency Services Unit and the Weapons of Mass Destruction Tactical Response Team are part of the Special Operations Division. ➢ The Watch Commander Program has a lieutenant on every night from 6:00 P.M. — 2:00 A.M. to help out at any type of scene that may happen within the County. The goal is to streamline the Sheriff's Office response to communities' needs. ➢ The Water Patrol is a strong partner with the Lake Minnetonka Conservation District and its fourteen member communities. Lieutenant Kip Carver, who recently led the unit, will be moving to the downtown command structure. A new lieutenant will be appointed. The Patrol is comprised of one lieutenant, one sergeant, five full -time deputies, and approximately 35 special deputies (i.e., volunteers). The Patrol was authorized to add one additional full -time deputy this year. The Water Patrol deputies cover 104 lakes and 3 rivers in the County. ➢ The Mobile Land to Radio Corps is comprised of 40 members based out of the Communications Facility. It's also a volunteer group. ➢ The Mounted Patrol Group was reformed this year. There are approximately 25 members who help with search and rescue. ➢ The Emergency Squad operates out of the Brooklyn Park office. It works with the Water Patrol to help recover drowned bodies. The Emergency Squad now participates in the Project Lifesaver to help find program participants who have a tracking device on them. crry OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 4 of 21 The Explorers Post has done extremely well. Its ranks have grown in the last few years. Most participants on the team are from the Brooklyn Park area. Sheriff Stanek stated the Sheriff's Office appreciates the support the communities give to the SLMPD. He commented that he thought the matrix of law enforcement agencies is stronger then ever. Mayor Lizee stated the highest visibility the Hennepin County Sheriff's Office has in the Lake Minnetonka area is the Water Patrol which patrols the Lake. She noted she recognized Inspector Storms' face from the many years of service he had with the Water Patrol. She expressed her amazement about the size of the Water Patrol's coverage area. She asked the guests to comment on the mass casualty incident (MCI) training drill that occurred on September 13, 2009. Inspector Storms stated the Excelsior Fire Department (EFD) was responsible for coordinating the drill. The purpose of the drill was to bring the various agencies together to determine how they would work together during a MCI. The Water Patrol partnered with the EFD and other agencies. There were 5 — 6 different response boats from three different agencies. Any scene such as that would be the Water Patrol's jurisdiction per a state mandate, but it works hand in hand with the other public safety agencies. Councilmember Turgeon stated Sheriff Stanek had indicated there are 6 — 12 deputies that serve the west metro area. She asked what constituted the west metro area. hnspector Storms explained the Sheriff's Office has primary jurisdiction of the northwest area; it has 3 — 4 contract cities in that area. The area is located north of Highway 394 and basically west of Highway 169. The Sheriff's Office spends time in every area with its patrol units, warrants unit and civil units. The Special Emergency Response Unit goes into a community where there are "hot spots" to overwhelm the group that is targeting people. Turgeon then asked how the Sheriff's Office, State Patrol and SLMPD coordinate who is responsible for what patrolling activities. Strom explained the SLMPD has primary jurisdiction over its coverage area. The State Patrol has its own working areas which are mostly highways, but it does cross over to Highway 7. State Patrol is responsible for a lot of commercial accidents; it does a lot of the reporting. For the most part the groups work extremely well together. Councilmember Zerby asked if the Sheriff's Office received any compensation for the services it provided during the Republican National Convention. He then asked how the Sheriff's Office would be impacted by Hennepin County holding it's tax increase to 3 — 3.9 percent for 2010. Sheriff Stanek explained the Sheriff's Office was reimbursed $2.1 million dollars for its services. Those funds were turned back over to the County. Stanek then explained the Sheriff's Office budget for 2009 was set in December 2008. hi the first quarter of 2009 Hennepin County Administration asked for a budget reduction. The 2009 budget was then reduced by approximately 2 percent; most of the reduction was made up for through attrition of personnel. Hennepin County has set its maximum tax levy for 2010 at 4.9 percent. The Sheriff's Office will likely have a 2 — 4 percent reduction in its 2010 operating budget over its 2009 budget. That will be achieved by reprioritizing services it provides county wide, noting there will not be any reduction in enforcement services or the focus on violent crime. Mayor Lizee thanked Hennepin County Sheriff Stanek and Inspector Storms for coming this evening. B. Discussion Regarding Milfoil Treatment on Gideon Bay Mayor Lizee stated there is as a representative from the Lake Minnetonka Association (LMA) and residents with Lakeshore on Gideon Bay present this evening to discuss Eurasian Watermilfoil (milfoil) treatment of the Bay. JoAnn Schaub 5465 Timber Lane stated she was present this evening to represent the residents who live along Timber Lane who have lakeshore on Gideon Bay. She explained Gideon Bay basically goes from CITY OF SHOREWOOD REGULAR COUNCIL MEETING MlNurES October 26, 2009 Page 5 of 21 JoAnn Schaub 5465 Timber Lane stated she was present this evening to represent the residents who live along Timber Lane who have Lakeshore on Gideon Bay. She explained Gideon Bay basically goes from Sunrise Point in Tonka Bay straight across to Excelsior Beach. The portion of the Bay she is representing is quite small. There are approximately 10 houses along the road as well as the Shorewood Yacht Club (SYC). She noted there was a PowerPoint for this evening, but due to lack of time for this item on the agenda it will not be given. [A copy of the presentation was included in the meeting packet for this evening.] She stated LMA Executive Director Dick Osgood could not be present this evening. Gedney Tuttle, President of the LMA, will speak for the LMA instead. Rich Kofski, from Tonka Bay, will discuss the financial component. Ms. Schaub explained Gideon Bay used to be known as a wonderful bay to swim and water ski in. That is no longer the case as is the case for so many of the bays on Lake Minnetonka. The residents would like the support for treating Gideon Bay to make it as milfoil free as perhaps Grays Bay. Ms. Schaub turned control of the podium over to Gedney Tuttle. Gedney Tuttle, President of the Lake Minnetonka Association stated he lives on Brown Bay. He expressed he was sorry that LMA Executive Director Osgood could not be present to give his exceptional detailed presentation. Mr. Tuttle explained the milfoil herbicide treatment of Grays Bay and Phelps Bay has substantially reduced the amount of milfoil in the Bays this past summer. It was virtually eliminated. Prior to the 2008 and 2009 treatments of the Bays they were heavily infested with milfoil. hn 2009 the Bays were treated with an herbicide called Triclopyr in early June. Triclopyr is only toxic to milfoil and does not harm native aquatic plants other then lily pads. Areas with lily pads were not treated. Triclopyr has been tested for many years, and it has been registered by the United States Environmental Protection Agency as safe to use in application against milfoil. He clarified the milfoil was virtually eliminated for the 2009 growing season, noting it can't be eradicated but it can be controlled. It has to be treated annually. The cost for the third year of treatment will be about 80 percent of the cost for the 2009 treatment. The cost for the fifth year of treatment should be down to 25 percent of the original cost. Mr. Tuttle then stated the success of the treatments did not come easy. The 2008 treatment was fair in Grays and Phelps Bays but poor in Carmans Bay. It was determined that the treatments were done to early in the season; there was not enough growth of the milfoil sprouts for there to be adequate exposure. Also, a liquid herbicide was used which was not as effective because it became too diluted. Those problems were corrected for the 2009 treatments and will be continued going forward. Mr. Tuttle explained there is an opportunity to expand the success of the treatment to Gideon Bay and St. Albans Bay in response to the desires of the homeowners on those Bays. The estimated cost to treat Gideon Bay for one year is $79,000 and $55,000 for St. Albans Bay. The lake measurements and aquatic plant inventories have already been taken for the two Bays. They are needed for the process of obtaining approval from the Department of Natural Resources (DNR) for the expansion. It's expected that some of the funding for these additional treatments will come from the Lake Minnetonka Conservation District (LMCD), the LMA, and the DNR. It's also expected the major funding will come from the residents with Lakeshore property on those two bays. Mr. Tuttle turned the control of the podium over to Rich Kofski. Rich Kofski, 30 Florence Drive, Tonka Bay stated he represented all of the residents and boat slip owners on Gideon Bay. He explained he has acted as the lead organizer. There are also 8 — 10 other street captains who are helping bring focus to the effort for the many residents on the Bay. The treatments have worked well in Grays and Phelps Bays, and it works well with other programs being conducted by the LMCD. The residents on Gideon Bay want the opportunity to bring the treatment to Gideon Bay. He indicated he had spoken to the Tonka Bay City Council the past week and requested support through its LMCD representative, a financial contribution, a letter expressing support to the DNR, and a letter CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 6 of 21 Mr. Kofski explained that to date there have been contributions totaling $20,000 - $25,000. There has been great sponsorship from Mike Mahoney with the SYC. The SYC has already made a contribution and in its flyer to its membership it has included an overview of the project and a request for contributions. Prior to 1987 there was no milfoil in Gideon Bay or Lake Minnetonka as a whole. The group is looking at making a financial contribution to the 5 -year program. The cost is estimated to be $79,000 for years one and two, and decreases to 25 percent of $79,000 by year five. Mayor Liz6e asked if the intent was to conduct a study in 2010 or do the first treatment in 2010. Mr. Kofski stated in 2008 the inventory was done. The residents were requested to put that on hold until the granular herbicide was tested in 2009. The inventory was done in again in 2009 in order to have data to determine cost estimates from the applicator and the LMA for treating Gideon Bay. The permitting process is being conducted in parallel with the fund raising effort. The goal is to start treatment in 2010. Mayor Liz6e stated it's her understanding the group is approaching the three cities (Excelsior, Shorewood and Tonka Bay) that have residents with lakeshore on Gideon Bay. Mr. Kofski stated each city is being asked for some level of contribution, similar to what was done for Grays Bay. He then stated no one organization or resident can take this task on by themselves. Liz6e stated it has taken a joint effort between the various agencies, cities and residents to treat Carmans, Grays and Phelps Bays. Mr. Kofski explained all contributions for the Gideon Bay project are being kept in a separate fund by the LMA for the treatment of Gideon Bay only. If the project does not come to fruition the money will be refunded to the donors. Mr. Tuttle clarified a small amount of the donations will be used to cover administrative costs. Mayor Liz6e stated the treatment of Carmans, Grays and Phelps Bays has demonstrated that cooperation between the cities and agencies makes things happen. She requested the LMA identify a target level of contribution it wanted from the three cities for the Gideon Bay treatment project, and to identify funding levels it was going to apply for from the DNR and LMCD. The treatment programs are a five -year effort. She stated there are enough residents interested in expanding the program to Gideon Bay to warrant consideration. Councilmember Turgeon stated it's her understanding Tonka Bay has nothing budgeted for this effort in its 2010 budget; its 2010 budget is set. She did not think it could make a contribution in 2010. She then stated this Council has pretty much set Shorewood's 2010 budget. She explained some members of this Council have expressed the need for having more of the effort funded by the current participating agencies and other agencies. She commented there are only ten property owners in Shorewood who have Lakeshore property on Gideon Bay. She stated there is a lack of detail and a lack of partners, and the request is late in the 2010 budget cycle. She reiterated Tonka Bay had already set its 2010 budget, and the Shorewood 2010 budget is basically set. She commented the timing of this request for 2010 is not the best. Mr. Kofski stated the residents were just recently notified of the preliminary results for the 2009 treatments of Grays and Phelps Bay. They understand it's possible the request may be too late for the 2010 budgets, but they would like to start treatment in 2010. He noted the program is a 5 -year treatment effort. The request is for all five years. The estimated cost for years one and two is $79,000; year three is 80 percent of that; year four is 60 percent; and after that it's 25 percent. He commented the Tonka Bay City Council indicated it may consider using city dock funds. He again reiterated the residents are requesting support through each of the three cities' LMCD representative, a financial contribution, a letter expressing support to the DNR, and a letter expressing support to the other cities for each of the five years. 6. PUBLIC HEARING None. 7. PARKS Commissioner Davis reported on matters considered and actions taken at the October 13, 2009, Park Commission meeting (as detailed in the minutes of that meeting). With regard to applying for a hockey grant, she explained the Park Commission would Like to have ice in Freeman Park, but she thought the cost to build refrigerated rinks and operate them in perpetuity was quite substantial. She thought the Commission needed to discuss this more. She questioned if it would be possible to get a grant and start with a small rink and some lights and then move forward to build on that. The Commission had thought there was a short window of opportunity to submit a grant application thinking if it submitted it quickly there would be a better chance of receiving the grant because there would not be many applicants. The Commission knew the cost for the rinks would be expensive, but the build and operate costs reflected in the Staff report in the Council meeting packet for this meeting are extremely high. She indicated she did not think there was a single Commissioner that would okay a budget for the cost of operating the rinks. Commissioners were for hockey and a sports facility at Freeman Park. A. Manor Pond Maintenance Director Brown stated maintenance of Manor Pond has been discussed at great length for many years. He explained the Park Commission has received a great deal of resident input regarding the aesthetics of the Pond. In 2005 the Commission partnered with the Minnehaha Creed Watershed District (MCWD) to perform sampling and testing of the water to determine what plant species were present, and to determine what the least invasive and most cost effective way to treat the Pond. Options for chemical treatment, biological treatment, bacterial solutions, aeration and dredging were identified. He noted the pond is classified as a stormwater basin and continues to function as intended. The focus has been on dredging the Pond to a level which will support healthy plant growth around the edges while keeping a clear water body toward the center. A 4 -foot depth limits the sunlight for the plants to grow. Brown then stated the Park Commission passed a motion asking Council to consider funding the maintenance of the pond out of the Stormwater Fuld, noting the Commission feels this is a storm water management project. Brown explained dredging the Pond is a long -term solution. When the City builds a National Urban Runoff Program (NURP) pond its expected life is 25 years. That includes the initial construction loading CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 8 of 21 and the after treatment of treating the runoff through the pond. Manor Pond has never been dredged. He assumed its life would be more like 30 — 35 years long. The soft cost estimate to dredge the Pond is $80,000 - $90,000 and that could increase significantly if the silt to be removed is hazardous. Brown asked Council if it thought dredging the Pond was a worthwhile project, and if so did it want Staff to have the silt tested for some nominal cost. Councilmember Zerby stated NURP ponds are specific in design and depth. They are 1.5 — 2 meters deep (or 4 — 6 feet). He asked how deep Manor Pond was. Director Brown explained it varies from 0 — 3 feet deep, noting there is a lot of soft silt on the bottom. Councilmember Zerby stated Manor Pond is located near an intersection where five roads come together. He questioned whether or not the Pond receives much sediment from winter sanding. Director Brown stated the Pond is down hill as far as elevation. It's about five feet down to the water level from the road. He indicated that most of the sand is taken out by the boulevard areas. There is an area on Manor Road that is narrow so some of the sands may go into the Pond. He noted the Pond was about one surface acre in size. Councilmember Turgeon stated the problem is the Pond was not designed to be an amenity; it was designed to be a storm water basin and continues to serve its purpose. She thought some of the reason the Pond was not looking aesthetically pleasing is the lack of rainfall the last two years. She stated the next item on the agenda is the Manor Park warming house which has a cost that is higher then expected. She indicated she is having a difficult time determining where the money would best be spent, without knowing what the overall vision for Manor Park should be. Director Brown explained one of the things that occur in water bodies one acre in size or more is a lot of decay. The detention basin Councilmember Turgeon spoke of is a small water body. It's a very young pond that does not have many plant species growing in it yet. If an aerator had been put in Manor Pond back in the 1960s it may have had an impact, but it wouldn't have any now. Even after the Pond is dredged it will still require sonic maintenance. Councilmember Turgeon stated it sounds to her like people want to change Manor Pond from a stormwater basin to an aesthetic park pond. Administrator Heck explained the Park Commission discussed that specific issue. The Commission suggested the maintenance project should more appropriately be funded out of the Stormwater Fund because it was designed as a stormwater detention basin. Councilmember Woodruff stated he asked in an email to Staff if Manor Pond is dredged is there any assurance that the Pond will be aesthetically appealing to the residents, to which he thought Director Brown had responded no. Brown clarified that when dredging the Pond out to a 4 -foot depth a lot of the plant species with the exception of rnilfoil are not going to survive in that depth. He absolutely believes that dredging the pond will bring about a drastic improvement but Ile cannot guarantee it. He has a 90 percent confidence level. Councilmember Woodruff stated there are a number of unknowns. He suggested moving forward with a study to remove some of the unknowns. The study should identify if the silt is hazardous. After the study is done, he requested Staff refine the cost estimate to dredge Manor Pond. He understands the Pond was designed to be a stormwater detention basin and that it's serving its purpose. It sounds as if the residents in the area want the Pond to serve a different purpose but that would come at a hefty price. The cost to dredge the Pond or convert it to a different purpose must be estimated before a decision can be made on what to do and where to fund it from. CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES October 26, 2009 Page 9 of 21 Councilmember Zerby agreed that the next step should be a study of Manor Pond. There are a lot of these types of ponds across the state. He thought there must be someone with expertise with these types of things that could provide some input on what to do. He would be willing to spend what lie hoped would be a minimal amount of money to get a better understanding. Mayor Lizee stated she concurred with Councihnembers Woodruff and Zerby. She stated Manor Pond is one of the oldest ponds in the City. She explained that because Manor Pond is located in a City -owned park there is the issue of aesthetics in addition to that of functionality. During a meeting this summer about the Pond the Park Commission was asked if the pond was a blue water aesthetic asset to Manor Park or was it a stormwater pond. She suggested it be considered as some of both. She expressed discomfort with funding the entire project out of the Stormwater Fund because there are so many stormwater management issues facing the City in the future. There are water quality issues, there are ground water issues and so forth. She recommended the City consider a partnership with the residents to determine how to address cleaning up the Pond. She clarified she was not suggesting the property owners would be assessed. Until there is clarification of how the Pond should be classified it's difficult to decide what to do. Park Commissioner Davis stated maintenance of Manor Pond and the Manor Park warming house are related issues. Manor Pond has evolved into one of the prettiest skating areas. She explained that one of the overgrowths in Manor Pond is lily pads. They are so large it's impossible to pull them. The only way to remove them is by dredging. Also, the pads are so tall they stick up through the ice on the pond and create bumps. Manor Pond was constructed differently then detention ponds are constructed today. She stated if there isn't going to be skating on the Pond then there is no need for a warming house. If there is going to be skating then the structure has to be brought up to code and made more usable all year long. If there is sufficient rainfall in a year the lily pads should not be as much of a problem. Mayor Lizee stated in a year when there has been limited rainfall perhaps there is another location for a skating rink in Manor Park. B. Manor Park Warming House Preliminary Design Approval Administrator Heck stated one of the park projects the Park Commission has identified for 2010 is the remodeling of the Manor Park structure such that it would have restrooms and could be used as a summer facility to host programs with Minnetonka Community Education (MCE). There is no water or sewer in Manor Park; water and sewer would have to be extended. One design option was to add restrooms to the outside of the structure. Another was to construct them inside. This option creates other issues. The structure is not ADA compliant and there will be other general maintenance issues. He indicated he is aware that Park Coordinator Kristi Anderson has spoken with the City's building inspector and Director Brown regarding cost. Anderson has also spoken with Ellen Luken who is the architect who provided the general cost estimate. The Park Commission recommends Council authorize a preliminary design study to determine the feasibility of the design options, cost estimates, prepare sketches of elevations and design ideas for an enhanced Manor Park warming house for a cost not to exceed $5,000. The expansion of programming with MCE would require some improvements. Councilmember Zerby stated if Manor Pond is not going to be a skating rink, then he was not sure he wanted to make a large investment in the existing structure. When Eddy Station was constructed in Freeman Park it cost approximately $400,000 eight years ago. He was concerned it may cost close to that much to make the Manor Park structure into something people would like. He recommended this be deferred until there is a decision about what to do with Manor Pond, noting he thought it sounds like a good idea. Administrator Heck stated the Park Commission had discussed it wanted to bring sewer and water into the building independent of other warming house improvements because it had discussed the possibility of summer programs with MCE. That was one of the things that drove the need for restrooms and hence the remodeling. Councilmember Woodruff stated he wanted to understand exactly what the Park Commission intended to accomplish before the City spent money on a study. He wanted to have a design specification which identified what activities would be supported by the structure. Council can then decide if the activities are appropriate. The Park Capital Improvement Program (CIP) has identified a $50,000 cost three years in a row and now the cost is estimated to be $150,000. He stated he wanted to be provided a statement of use for the structure. Councilmember Zerby again reiterated the decision has to be made about improvements to Manor Pond first. Councilmember Woodruff stated they could be done in parallel. Mayor Lizee agreed they have to be done in tandem. Mayor Lizee stated Manor Park has been used for decades and it serves many residents on the east side of the City. The structure in the Park is worn out, it's not ADA compliant, it should have restrooms and water, and it would be nice to offer programs in this Park similar to those offered at Freeman Park. She thought making the improvements is timely. She indicated there is enough flat land in the Park to construct a skating rink. She reiterated the structure has to be upgraded; therefore, she would like to have some preliminary design work done. She requested Council be provided with a firmer recommendation of what is wanted. Councilmember Turgeon stated earlier this evening Park Commissioner Davis stated the ice on Manor Pond is not good. If there is not a good skating rink, there may not be a need to have an upgraded warming house. The structure may need sewer and water, but other improvements may not be needed.. There needs to be a vision for Manor Park before Council authorizes a study is done. Councilmember Zerby recommended a Park Commission committee be formed to work with the residents to determine what they want the building to provide. He suggested that be done in tandem with determining what should be done with Manor Pond. CITY OF SI-IOREW OD REGULAR COUNCIL MEETING MINurES October 26, 2009 Page I I of 21 ,erby moved, Woodruff seconded, directing the Park Commission form a committee to work with Staff to solicit resident input about improvements to the Manor Park facility. Councilmernber Woodruff expressed disappointment that this project has been on the C1P list for three years. He requested that committee report back to Council in December 2009. Mayor Lizee requested that residents in attendance who want to be part of the committee leave their name and phone number. Motion passed 4/0. Tom Beauchamp, 5125 Suburban Drive stated Mayor Lizee attended a meeting in August about Manor Pond which was held in Manor Park. He explained the conversation about Manor Pond has been going on for years. Many years ago the depth of the Pond was significantly greater then it is today. Some residents remember that it was at one time 8 — 9 feet deep. The residents are not expecting the Pond to be made to be aesthetically pleasing, or to be a pond that people can swim in. He thought residents' issues are the shallowness of the Pond and the amount of pollution in the Pond. At some point the Pond has to be dredged. He stated the Park Commission has been terrific and has spent a great deal of time on this issue. The Commission worked with a consultant who indicated dredging is the best solution and it will last a very long time. He explained that during a Park Commission meeting it was brought up that the Minnehaha Creek Watershed District has a requirement that stormwater ponds be dredged periodically. At that time it was discussed that Manor Pond is behind schedule on that. He stated the Manor Park neighborhood residents' concern is that this issue will still be a topic of discussion five years from now. The Pond is a focal point Manor Park; it's the first thing people see when they enter the Park. On behalf of the neighborhood residents, he asked Council to please not delay the dredging of Manor Pond. He commented that the residents understand this would be a big financial commitment that may not be affordable in 2010, but he asked Council to make a commitment to dredge the Pond and prepare a plan for when it will be done. Mayor Lizee stated Director Brown has been given direction to have the silt in Manor Pond assessed to determine if it's hazardous and to get a firmer cost estimate for dredging out the Pond. She assured the residents the City will stay on top of this issue. C. Hennepin County Youth Grant Proposal Administrator Heck explained that the Minnetonka Youth Hockey Association (MYHA) had approached the City and asked it to consider partnering on the development of two refrigerated outdoor hockey rinks in Freeman Park. That discussion evolved into one about possibly applying for a grant through the Hennepin County Youth Sports Grant program to help fund such a project. Staff invited the MYNA to attend a joint City Council and Park Commission meeting on October 13, 2009, to make a presentation about its proposal. Park Coordinator Anderson and Park Secretary Grout had been gathering information needed for a grant application. Staff again met with the MYHA the past week and discussed the fact that to date the full MYHA board had not discussed this item. The Park Commission has some unanswered questions about the grant and about the potential project. This evening the MYHA is asking Council to authorize Staff to submit a grant application. Council could at a later time decide to scale the project back or to not proceed with the project. Tim Jenzer, a coach with the MYHA who's son is a member of MYHA and Sharon Morgan, President of the MYHA introduced themselves. Mayor Lizee stated the Council and Park Commission had a discussion with the MYHA about the grant during a joint City Council and Park Commission meeting. Basic things about the grant application were CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 12 of 21 discussed. She noted there is a tight timeline to apply for the grant this year, and there was discussion that it would be prudent to apply for the grant and work out the details after that. The project is to construct one or two refrigerated rinks in Freeman Park. The amount of the grant that would be applied for would be $400,000. Making the grant application at this time would not commit the City to anything. This is just to get the grant process moving forward. She asked Council if they had any additional questions then those asked during the joint meeting. Councilmember Turgeon stated she was not in attendance at the joint meeting. She asked if there was any discussion about charging by the hour for ice time rather then the current per player user charge, to which Administrator Heck responded no there was not. Turgeon asked if there was any idea of what the estimated sewer costs would be, to which Heck responded this discovery process has not advanced to that level of detail yet. Heck stated Engineer Landini has indicated the original proposed location may not be the best because of the stormwater issues at that location. Turgeon stated the City doesn't normally have the parking lots in Freeman Park plowed in the winter. Those costs don't appear to be reflected in the soft budget projections. She questioned the estimated $20,000 cost for lighting when the Park CIP has a figure of $50,000 for Cathcart Park hockey lighting. She asked if lights would be needed in the parking lot for safety reasons. She then asked what the difference in cost is for permeable asphalt rinks versus refrigerated cement rinks. She assumed refrigerated rinks would cost significantly more. She said the document indicates the softball fence in Freeman Park will be moved but it doesn't say to where. If the fence is move the field has to be adjusted accordingly and there is a cost for doing that. She stated if refrigerated ice rinks were constructed she hoped that there would not be any request for a dome over the rinks in the future. She then stated the Park CIP reflects the City's tennis courts will be redone. She asked if anyone asked if anyone had approached the USTA to find out if it would like to partner with the City on redoing the tennis courts, to which Director Brown responded he did not think so. Councilmember Zerby stated lie was in support of applying for the grant. It would not commit the City to spending any money. He commented he knew a tremendous number of people in the community who play hockey. He thought details about this potential project can be flushed out in parallel with applying for the grant. Councilmember Woodruff stated prior to the joint City Council and Park Commission meeting some financials had been prepared. At the meeting there was a more detailed set of financials in which the estimated cost had increased. The meeting packet for this evening had a new set of financials which include the capital costs as well as a projected profit and loss statement. He explained according to the pro forma operating budget included in the meeting packet it's going to cost someone approximately $43,000 a year to run the rinks. That cost would be the largest operating cost in the parks budget. He thought $43,000 would be approximately 25 percent of the parks budget. He stated that is a major issue for him. Woodruff then stated that during the joint meeting he requested Staff to get some assurance that if the City applied for the grant and later determined the project needed to be either scaled back or stopped the City would not be on the hook for it. He read the endorsement section of the grant application which said "I hereby certify that the local government unit identified herby is willing and able to undertake the project as described in this application." He stated from his vantage point Shorewood is not willing or able to do that. He then stated he did not know where the City would get $200,000 for project construction and there was no commitment from the MYNA for $270,000. He also did not know where the City was going to find $43,000 a year to operate the rinks. He was not sure the City understood the full extent of the cost. He clarified he did not want to be negative. He stated it appeared to him that the City would be on the hook to do the project if the City submitted the grant application and was fortunate enough to be awarded the grant. Councilmember Turgeon stated from her vantage point this application is being rushed and the Park Commission is being rushed. Park Commissioner Davis had stated earlier that the Commission had not CITY OF SHOR W OD REGULAR COUNCIL MEETING MINurES October 26, 2009 Rage 13 of 21 had the opportunity to assess the impact of the $43,000 operating expense for the rinks on the parks budget. She thought these types of grants are available every year. She questioned where the funds would come from to operate the rinks and to fund any potential increase in lighting costs. She stated she wanted more detail, and she did not think there was any reason to rush the application. Mayor Lizee stated all that Council was being asked for this evening is its support in applying for the grant. She viewed this as an opportunity for the City to enter into a partnership with the MYHA similar to what it does with other organizations. It's also an opportunity to expand the recreational use of Freeman Park for ice skating, noting the City built Eddy Station with rubber floors specifically for skating. She agreed the City did not want to rush into committing to building the refrigerated rinks. Council needs to have specific detailed plans and it needs to assess the financial feasibility of it. She did not think MYNA was asking for a commitment to do that this evening. It is her understanding that there will be less competition for the grants funds in this first round of applications. Those who apply by the November 2 °d deadline are supposed to hear about the status of there applications in a few months. If the grant were approved, the City would not experience any financial impact from constructing the rinks for another budget cycle or two. She expressed that sometimes it's prudent to take a chance and seize an opportunity. Councilmember Turgeon stated it is her understanding that the grant funds would not be awarded until August 2010. Based on that timetable someone would have to upfront some of the funds to start the project until grant funds are received. Administrator Heck stated applicants will be notified of whether or not they will be awarded a grant in January or February of 2010. The grant funds will be distributed later in 2010. If there was a desire to start construction of a grant project prior to the receipt of funds, some organization would have to front the money. Councilmember Woodruff stated it's his understanding that the City is applying for the grant. He asked Staff if his understanding is correct, to which Administrator Heck responded it was. Woodruff moved, Turgeon seconded, tabling the grant application until there is an opportunity to review more detailed capital and operating cost information and plans, and asking the Minnetonka Youth Hockey Association to submit a letter of commitment to the City of Shorewood indicating it will provide the funding it has indicated it would provide. Mayor Lizee stated the grant application must be submitted by November 2, 2009. To table it this evening would result in it being tabled for one year because of the timeline. Councilmember Woodruff stated lie was fully aware of that. Lizee stated she did not understand the need to table the application. Councilmember Zerby stated it's been the City's intent to have skating in Freeman Park for a long time. If someone is going to contribute $400,000 toward achieving that goal he personally would jump at that opportunity. The park shelter was built as a warming house. There has been discussion in the past about installing lighting and plowing the parking lot. He thought Council would be missing the boat by not applying for the grant. Councilmember Turgeon stated the park shelter was built to be a warming house. She then stated for the last 6 — 8 years the Park Commission has been asking for just a free, open skating rink. The City has never moved on the opportunity to build a rink for a variety of reasons, money not being one of them. There is nothing that says the City can't have free and open skating in Freeman Park. She commented she thought the cost would be less than $400,000. Motion failed 2/2 with Lizee and Zerby dissenting. Councilmember Zerby stated he was willing to make another motion but he is not sure what would have a chance of passing. He thought Council was at an impasse. He stated he understood Councilmember Woodruff s hesitation about the City being on the hook for building this should the grant application be approved. From his vantage point he didn't think there was any legal obligation to doing so. He hoped the City would be able to take advantage of the grant money if the application was approved. He didn't think there was any harm in applying for the grant. There didn't appear to be any repercussions or penalties identified in the application if the City decided to not move forward with the project. Zerby moved, Lizee seconded, authorizing Staff to apply for a Hennepin County Youth Sports Grant to help construct two refrigerated ice rinks in Freeman Park. Mayor Lizee stated this is a real opportunity for the City. It doesn't commit the City to anything. She thought entering into a partnership with the MYHA would be a good thing. MYHA has done a lot in the past for the larger community. It's an opportunity to develop a skating environment for all people. Councilmember Turgeon stated she wanted the Park Commission to have an opportunity to look at the cost and operating projections before the application is made and to weigh in on the impact to the annual parks budget. She indicated there would be other opportunities to apply for such a grant. She stated the City would be responsible for the long -term costs of the rinks. Councilmember Zerby stated the City should be able to dictate some of those costs. Motion failed 2/2 with Turgeon and Woodruff dissenting. Mayor Lizee thanked Mr. Jenzer and Ms. Morgan and other interested parties for being in attendance this evening and bringing this opportunity forward. She hoped the City would be able to move forward on a similar proposal in another season. Mayor Lizee recessed the meeting at 9:17 P.M. Mayor Lizee reconvened the meeting at 9:27 P.M. D. Revised Donor Policy Administrator Heck stated that during its October 13, 2009, meeting the Park Commission passed a motion recommending the donor policy be revised to include the memorial bench program. The program allows the public to purchase memorial benches for their loved ones at no cost to the City. The donor can select a site from the list of sites that have been identified for such purposes. The current cost of the type of bench specified is about $1,000 and it should have a life expectancy of 10 years. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 15 of 21 Mayor Liz6e stated she like the idea of having memorial benches. She was not thrilled with bench in the picture provided in the meeting packet for this meeting. She explained the City of Excelsior benches are much nicer looking; they are cast iron and have a similar warranty. She stated she liked the policy. She requested the search for vendors and designs be extended. Councilmember Turgeon stated there are gorgeous donated benches with plaques located near the swimming beach in the City of Deephaven, and the bench in Manor Park is gorgeous. She indicated she had no issue with the policy. She agreed with extending the search for other vendors and better looking benches. She thought that should happen before the policy is approved in case the cost of the benches would be more then $1,000. Mayor Liz6e stated the bench cost could be removed from the proposal, noting the cost would go up over the years. Councilmember Zerby suggested the policy could be created around criterion other then bench price. Councilmember Turgeon stated that maybe a list of acceptable vendors could be identified so the benches could have somewhat of a consistent look. Mayor Liz6e suggested the policy be sent back to the Park Commission to have Item 3:E in the policy regarding memorial benches clarified. Councilmember Woodruff suggested the City choose a few benches that could be eligible for donations. He agreed the dollar amount should be taken out of the policy. He thought it would be helpful to have someone prepare a map depicting the more precise locations for benches. He agreed with having the Park Commission and Staff rework Item 3.E in the policy. Councilmember Zerby questioned if it would be appropriate to accept bench donations for purposes other then memorials, including donations from businesses. Councilmember Woodruff stated he would object to having advertising on the benches, but a business could have its name on a small plaque. He suggested in the interest of standardization the City should supply the materials. Mayor Liz6e stated her family ordered the two benches through Excelsior and the brass plaques were ordered and engraved according to Excelsior's specifications. There was Council consensus to send this item back to the Park Commission to make the revisions discussed above. 8. PLANNING No report was given because there had not been a Planning Commission meeting since the last City Council regular meeting. The next Planning Commission meeting is scheduled for November 17, 2009. A. Tax Forfeit Parcel — Outlot B, Marilynwood Director Nielsen explained Hennepin County Taxpayer Services notified the City that Outlot B, Marilynwood is available through tax forfeiture. This parcel was created as part of the Marilynwood plat. At that time the developer carved out three 20 -foot outlots along the back of his lots and sold them to the adjoining property owners. Outlot B was purchased by the owner of the lots located at 6030 and 6040 Lake Linden Drive, but the owner never legally combined the outlot. The property owner since sold the parcels. Outlot B has since gone into tax forfeiture. Staff is suggesting the City ask Hennepin County to auction the property off and to limit it to the adjoining property owners. He noted he has placed a call to Taxpayer Services asking if the action could be limited to the owner of the property located at 6030 and 6040 Lake Linden Drive. He is waiting for a response. He noted Oiutlots A and C were legally combined with their respective parcels. Director Nielsen stated during its October 12, 2009, meeting Council agreed with a recommendation from the Planning Commission to adopt a resolution requesting Hennepin County improve signage for and education about trail crossings. Since that meeting, Staff determined that recommendations for signage found in an advisory report from the City Engineers Association of Minnesota may provide part of the solution to this issue. Hennepin County could be asked to incorporate the trail crossing recommendations into educational material. Staff also found a brochure prepared by Dakota County that explains some of the rules as well. Staff recommends Hennepin County consider doing something similar as well. Nielsen then stated Staff is seeking direction from Council. The City Engineers Association's proposed trail markings appear to make a lot of sense because they advise both motorists and trail users. Staff could draft a resolution making the specific request for Council's consideration during its next meeting. Councihnember Woodruff stated this should be directed at all trail crossings in the City. He thought tine resolution should specifically request Hennepin County remove all paint striping that might indicate the crossing is a pedestrian crosswalk. Woodruff moved, Turgeon seconded, directing Staff to draft a resolution asking for improved trail crossing signage, educational materials about the crossings and removal of paint stripping at trail crossings that looks like pedestrian crosswalk striping. Motion passed 4/0. 9. ENGINEERING /PUBLIC WORKS A. County Road 19 Final Close Out Director Brown explained that during its July 27, 2009, meeting Council approved a resolution requesting the advance funding from the Municipal State Aide Fund account. That resolution and documentation for County Road 19 was forwarded to the State for processing. Staff has had several meetings with the State to try and move this along. Per Councilnnember Woodruff s request, Staff has again brought this back to Council so it can review the City's financial obligations and payment progress. Brown then explained that during the July 27` meeting he explained that the City of Tonka Bay had expressed concern about its obligations. Staff determined Tonka Bay overpaid their obligation due to an error on the part of Hennepin County. Tonka Bay is due a refund of slightly more than $11,000. All but slightly more then $74,000 of the City's obligation will be covered by the State Aid. The $74,000 amount was funded from the Local Road Fund. Woodruff moved, Turgeon seconded, accepting the County Road 19 Final Closeout Report and directing Staff to refund the City of Tonka Bay's overpayment in the amount of $11,307.13. Motion passed 4/0. B. Meadowview Road / Wild Rose Lane Option Engineer Landini explained that during its October 12, 2009, meeting Council discussed the feasibility study for Meadowview Lane. Council requested Staff provide cost information about adding another road or segment of road to the project for discussion at this meeting. The meeting packet for this meeting contained supplemental information provided by TKDA to reconstruct and install water main in the segment of Wild Rose Lane between Eureka Road and Meadowview Road as part of this project. Reconstructing that segment of Wild Rose Lane allows for open cut construction techniques to extend water main down the roadway rather than using directional boring (which was proposed in the original study). As a result the estimated cost to extend water main will be reduced to $138,210 from $174,541; and, the cost per benefiting property will be reduced to $8,130 from the previous $10,267. He noted that Wild Rose Lane west of Meadowview Road reduces down to a 33- foot -wide right -of -way. Therefore, additional right -of -way or an easement will be necessary to install the proposed catch basin. Landini stated the feasibility report and supplement report consider the following. ■ Constructing a 24- foot -wide driving surface for Meadowview Road and a segment of Wild Rose Lane with edge control outside of driving surface. ■ Making stormwater improvements consisting of pipes and catch basins. ■ Extending the 8 -inch water main, and installing hydrants and service stubs to adjoining properties. ■ Making repairs to the sanitary sewer consisting of pipe repair, infiltration sealing and inflow sealing. ■ An option to reclaim Meadowview Road with no water main extension. Councilmember Woodruff thanked Staff for working with TKDA to provide the information about including a segment of Wild Rose Lane as part of this project. He thought his questions from the last Council meeting have been answered satisfactorily. Woodruff explained the total cost in the Capital Improvement Program (CIP) for the Nelsine Drive and Meadowview Lane had been estimated to be approximately $739,000 not including the extension of water main. TKDA's estimates total approximately $466,000 which is approximately $273,000 less then the CIP amount. TKDA's estimated cost to reconstruct the segment of Wild Rose Lane including storm sewer improvements is approximately $255,000 not including the extension of water main. It appears the segment of Wild Rose Lane can be reconstructed within the original CIP projections. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO 09 -057 "A Resolution Accepting Feasibility Report on Proposed Improvements for Meadowview Road and a segment of Wild Rose Motion passed 4/0. Turgeon moved, Woodruff seconded, acknowledging that a soils report and sanitary televising report needed to be done for Wild Rose Lane. Motion passed 4/0. Director Brown estimated the cost for the soil testing to be $3,000 - $4,000 and the cost for the sanitary televising to be $2,000 for Wild Rose Lane. He asked Council if they want Staff to order those two activities in order to keep the project moving forward more rapidly. Liz& moved, Woodruff seconded, authorizing Staff to order a soils report and sanitary televising report for an amount not to exceed $6,000 for Wild Rose Lane. Motion passed 4/0. 10. GENERAL/NEW BUSINESS There was no general /new business for discussion this evening. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Southshore Community Center Operations Report Administrator Heck stated the meeting packet for this meeting contained a report on the Southshore Community Center (the Center) operations, noting the City took over responsibility for the operations and management of the Center effective July 1, 2009. He clarified the 2009 operating deficit through September 2009 is approximately $39,468 for the first three months of operation. The deficit is projected to be $28,880 for 2010. He explained the projections are based on current activities at the Center. Since the City took over responsibility for the Center's operations there have been more programs offered at the Center. Some advertised programs did not occur because of lack of participation. More than 200 people CITY OF SHOREWOOD REGULAR. COUNCIL MEETING MINUTES October 26, 2009 Page 19 of 21 attended the Oktoberfest grand re- opening of the Center. He is not sure if that event generated any more demand for activities at the Center. Councilmember Turgeon asked if there was a signed lease with South Shore Senior Partners (SSSP). Administrator Heck explained SSSP had some questions about some of the terms in the lease. Kristi Anderson, who provides management services for the Center, met with SSSP representatives to discuss SSSP's questions. The revised lease will be presented to the SSSP Board for approval. The lease terms are essentially the same as they had been previously. The monthly rent charge is $600, in -kind services for additional time for senior programming through the use of SSSP volunteers to staff the front desk at the Center, as well as consideration for the furnishings and fixtures as well as the kitchen use. Councilmember Turgeon asked if there was a new lease with the Church. Administrator Heck stated there is a new agreement with the Church and the terms are the same as the previous agreement. Councilmember Turgeon asked what portion of the $30,000 in projected 2010 revenue is from the rental agreements with SSSP and the Church. The revenue from SSSP should be new revenue and therefore drive up the annual revenue. Administrator Heck explained there was a loss in revenue when the Lake Minnetonka Historical Society terminated its rental agreement. Historically all the revenue was approximately $2,300 - $2,400 per month. The 2010 revenue projection is based on monthly rentals totaling $2,500 for all long -term rentals and events at the Center. For 2010 a separate category of class revenue was added for an estimated amount of $8,000. The total estimated revenue for rentals and classes is projected to be $38,000. He and Ms. Anderson hope the rental revenue projection is low. An active marketing campaign promoting the Center should help increase rental revenues. He clarified he did not want to give Council a false impression that this would be a break even operation in 2010. He thought the target should be to reduce the subsidy the City provides towards operating the Center. Councilmember Turgeon questioned the $9,000 expense for insurance in 2010. Director Burton explained the Center is now covered under the City's insurance policy. An appraisal was done of the Center a few years ago and the building was appraised at $1.1 million. Councilmember Turgeon stated it's her understanding Golden Living made a $500 donation to the Center. She asked if the Center's Oversight Committee had discussed how to handle such donations. Administrator Heck explained the Committee has not discussed a donation policy yet. The donation has been accounted for. He indicated he and Ms. Anderson will work on developing operational procedures for seeking, handling and using the donations. Turgeon then stated there had been a $530 electric charge and she assumed that was for the new reception area in the Center. She thought there needed to be more oversight of the Center's management responsibilities. Councilmember Woodruff stated Administrator Heck has indicated to him that during the next Council meeting scheduled for November 9"' he will address the following: policies and procedures for accepting and using donations; approval of facility modifications independent of whether or not the services were donated; and, a list of prioritized target projects the donations could be applied to. Council would approve the list and then Heck and Anderson could apply funds to that list. Woodruff commented the City is just learning how to manage the Center's operations. Councilmember Woodruff provided his input to the enterprise budget for the Center. The 2009 year -end revenue projection is $25,000. Rental revenue for $2010 is estimated to be $30,000. The 2009 year -end projection is based on only ten months of the year. From his vantage point he thought a $5,000 increase in revenue over ten months of 2009 revenue is anemic and he was really concerned about that. He stated Center reserve funds are being spent; therefore, he questioned the interest earnings projection of $850 in 2010. The 2010 budget for utilities is $7,000 yet the 2009 year -end projection for ten months is $6,000. He questioned if the utilities budget for 2010 was high enough. He stated the deficit projection for the CITE' CAE SHORE WOOD REGULAR COUNCIL MEETING MINUTES October 26, 2009 Page 20 of 21 fourth quarter of 2009 is projected to be approximately $5,500 yet the 2010 year -end projected deficit is $28,880 (or about $2,400 per month). Other Staff Reports A decision was made to discuss the Excelsior Fire Department's 2010 Operating Restoration priorities during the November 9, 2009, Council meeting. 1 Councilmember Zerby stated he had attended a joint meeting of the Orono, Shorewood and Tonka Bay City Councils regarding extending a trail from the LRT Trail crossing at County Road 19 to the old Dakota Rail line in Orono. He was there as both a Councilmember and a member of the committee who did a feasibility study about a potential trail. The committee has been meeting roughly every other month for the last 8 — 9 months. The committee's proposal is to improve the feasibility of the existing bike lanes on County Road 19 though a variety of methods with a forward look to creating a trai I on each side of the road whenever it gets rebuilt. The Orono and Tonka Bay Councils approved the project. The Shorewood Council did not approve it because it wanted more information. Mayor Lizee stated she has asked Andrew Gillett with Hennepin County to contact Administrator Heck about attending the November 23` Council meeting to make a presentation on this topic. Mayor Lizee stated Council has regular meetings scheduled for November 9 and November 23` She asked Staff if there was a work session scheduled for November 9"', to which Administrator Heck responded there is. She requested that a work session not be scheduled for November 23` She explained she may not be unable to attend a work session, and she noted that week is a short work week because of the Thanksgiving holiday. Director Burton stated another enterprise budget work session will be needed and she suggested scheduling it during a week when there is no regular meeting. Lizee suggested it be scheduled for November 16` Heck stated he thought there was another work session scheduled for November 30` Burton noted a Truth -In- Taxation hearing is scheduled for December 7`", therefore, a November 30`' budget work session would be difficult. Lizee asked Staff to find a suitable time during the week of November 16` for a second work session if one is needed; she stated she would appreciate that. Councilmember Turgeon stated she had asked Administrator Heck to distribute some of the statistical information discussed during the South Lake Minnetonka Police Department ( SLMPD) Coordinating Committee held on October 21 She thought Council would be interested in the year -to -date budget report and in statistical information on crimes and clearance rates. Councilmember Zerby stated he appreciated being provided the information. Heck stated he did not provide Council with a copy of the Uniform Crime Report data because he did not think Council would understand the data unless there was some explanation. He will put the information together along with some explanation and distribute it to Council for informational purposes. Mayor Lizee stated that any time Council would like SLMPD Chief Litsey would be willing to come before Council to speak about the data. Zerby stated he was very impressed by the SLMPD's crime clearance rate. Lizee noted they were the highest in Hennepin County. Turgeon stated we don't know what constitutes that so she cautioned against being too impressed with the clearance rate. Mayor Lizee stated the Coordinating Committee discussed the need for a plan for the long -term care and maintenance of the SLMPD facility as well as the need for funding the plan. The Committee delegated the challenge of developing a plan and funding approach to the public safety member cities' administrators and manger. The administrative group will present their recommendation to the public safety governing organizations before it's presented to the member cities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 25, 2009 Page 21 of 21 Mayor Lizee recessed the meeting to an Executive Session at 10 :27 P.M< 12. RECESS TO EXECUTIVE SESSION Mayor Lizee; Councilmembers Turgeon, Woodruff and Zerby; Attorney Tietjen; Administrator Heck and Director of Public Works Brown were present. The purpose of the meeting was to discuss the City's negotiations with Local 224, Council 5, of the American Federation of State, County and Municipal Employees, AFL -CIO labor union (the union representing the City's Public Works employees). Zerby moved, Woodruff seconded, adjourning the Executive Session at 10:58 P.M. Motion passed 4/0. 13. RECONVENE REGULAR COUNCIL MEETING The City Council reconvened the regular meeting at 10:59 P.M. 14. ADJOURN Woodruff moved, Turgeon seconded, adjourning the City Council Regular Meeting of October 26, 2009, at 10:59 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: gi hristine Lizee, Mayor