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02-13-12 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 13, 2012 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Lizde called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Lizde; Councilmembers Hotvet, Siakel, and Zerby; Attorney Deane (arrived at 7:30 P.M.); City Administrator Heck; Finance Director De7ong; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Woodruff B. Review Agenda Mayor Lizde stated that Staff has asked Item 10.1) be removed from the agenda. Councilmember Siakel asked that Item 11.13 Trail Plan Clarification be added to the agenda. Hotvet moved, Zerby seconded, approving the agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, January 23, 2012 Siakel moved, Hotvet seconded, Approving the City Council Work Session Minutes of January 23, 2012, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 23, 2012 Zerby moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of January 23, 2012, as presented. Motion passed 410. 3. CONSENT AGENDA Mayor Lizde reviewed the items on the Consent Agenda. Zerby moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. 2012 Pay Equity Report Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 2 of 21 4. MATTERS FROM THE FLOOR George Greenfield 24715 Yellowstone Tra 1 , stated he received a letter from Administrator Heck in response to questions he raised during the January 23, 2012, Council meeting. He asked Mayor Lizee if she reviews items that are sent out under City letterhead; in particular that letter from Heck. Mayor Lizee stated she reviews things in advance of them being sent out if they have her name on them. Mr. Greenfield stated it did not have her name on it. Lizee stated then she probably didn't review the letter. Mr. Greenfield stated he had questions about the tone and the substance of the letter. lie asked if the letter is an accurate characterization of what happened in relation to the letters that were mailed out to the west Yellowstone Trail neighborhood. He stated the City came to an agreement with a private citizen to surreptitiously send a letter promoting a particular policy under the guise of neighborly concern. The result of that letter has been to sow division and suspicion in his neighborhood. He asked if there was any thing about that that is inaccurate. Administrator Heck stated the answer to that is unequivocally no. Administrator Heck explained the resident who sent out the initial letter presented Council with a petition to have municipal water extended to the neighborhood during Council's November 14, 2011, work session. Council discussed the petition during its November 28, 2011, meeting. Council encouraged the resident to essentially take the petition back and work with staff to put on a community meeting for the residents in the area to talk about municipal water. In that context staff worked with the resident and mailed out the letter the resident had already delivered to some of the residents in the neighborhood regarding the petition. Staff did not participate in writing that resident's letter. Staff provided the mailing list and postage to mail the letters. When he found out what letter was mailed out he explained to staff that the City's role was to help the resident send information out about municipal water and to provide the Southshore Community Center as a place for those residents to gather to talk about municipal water. Mr. Greenfield stated he lives four doors down from the woman who wrote the letter and she never asked him and his wife to sign the petition. Administrator Heck explained it's his understanding that woman had put some information into residents' mailboxes and the postal carrier removed the information because it didn't have proper postage on it and returned it to that individual. Engineer Landini stated that is what he had been told. Mr. Greenfield stated therefore the neighborhood was not alerted to the matter. Heck stated some residents did get the information including the City's pamphlet about municipal water. Mr. Greenfield asked why the letter didn't indicate the City is cooperating with the woman who wrote the letter. Administrator Heck noted he did not review the letter and staff did not produce a letter inviting residents to a meeting. Staff did what Council asked it to do which was to work with the resident to provide the meeting space and to schedule the appropriate people to be present at a meeting to talk about municipal water. That meeting has not taken place. Mr. Greenfield stated from his vantage point there is a kind of secrecy involved in this that approaches being an ethical lapse. He suggested it be addressed. Mayor Lizee stated she appreciated Mr. Greenfield taking the time to come before Council and share his opinion. Lizee noted there is nothing secretive or surreptitious happening with the Council when a resident comes to a public meeting to present a petition and wants to find out how best to contact her CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 3 of 21 neighbors. That was done during an open meeting that was televised and had minutes prepared for it. Things were out in the open. Mr. Greenfield stated he thought the letter writer should have indicated in her letter that the City paid for the postage and helped her do the mailing. She presented it under the guise of neighborly concern. Mr. Greenfield then stated the letter from Administrator Heck indicates that statements that Mr. Venero attributed to Engineer Landim in his letter are accurate. From his perspective those statements indicate a misunderstanding about the purpose of government which as he understands it is to promote and expand the public good. To think of the City as an enterprise that operates as a business, either the City as a whole or any part of it, is a misunderstanding of what government should be. From his vantage point some reeducation is necessary. He noted he doesn't want his City acting as a corporation which in many instances has no regard for the public interest. He indicated he thought there is a conflict that needs to be addressed. Mr. Greenfield went on to state that he had asked if the City could require the Country Club to provide information about the amount of chemicals and fertilizer its puts on the golf course and how much well water it uses annually. Administrator Heck's response was no. He infers from that response that the City has no interest in public health and no interest in the expropriation of public owned resources. He noted he called his Attorney General and his state representative and asked who owns the water that is used by wells private or other wise. He has not gotten an answer. His stated his representative did tell him that the water in lakes and rivers is owned by the public. Mr. Greenfield also stated that from his perspective it makes common sense that the people who live next to the Country Club property could be affected by the chemicals that are put down on the golf course and then leach into their well water supply. That is a legitimate public health concern. He noted he views the golf course as a luxury item. If the Country Club is expropriating public resources in a proportion greater than it is deserving of that is a matter of public policy. He doesn't want his well or any of his neighbors' wells to go dry because the Country Club is watering its golf course six hours per day right afar there having been thunderstorms. For those questions to be dismissed with an unexplained no doesn't strike him as being right. Administrator Heck explained the City does operate a few enterprise operations. The water system and the sanitary sewer system are enterprises. They are not supported by the general tax levy. They are paid for by user fees which are established and set by Council. The dollars generated by the user fees and charges go back into their respective fund to pay for the upkeep and maintenance of the system. The storm water system and the recycling program are also classified as enterprise. Heck explained the Country Club has private wells. The City has very little authority with regard to monitoring, regulating and enforcing public health issues on private wells. The City can't monitor water consumption from residential wells. For large enterprises the Minnesota Department of Natural Resources (DNR) does regulate and monitor the volume of water drawn from the aquifers. The Minnesota Department of Public Health monitors wellhead protection which the City has to do on the public side to monitor the level of contaminants in public water. If the Country Club does extract a defined amount of water from the aquifer it has to produce a report for the DNR. If it extracts less than that defined amount it doesn't have to produce a report. The DNR monitors the commercial use of water from aquifers. Mr. Greenfield asked who measures the amount of water drawn from the aquifers. Administrator Heck stated he does not know. Mr. Greenfield stated the answers Heck provided sound like reasonable answers. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 4 of 21 Mr. Greenfield stated from his perspective he and all the citizens in the City should equally share all City expenses. He cited an example in the City of Edina where owners of properties adjacent to a street needing major repairs were going to be assessed for that rather than the Edina community as a whole paying for them. He stated he does not think that is right. He then stated all residents should have a common responsibility for the common good of the community. He then cited the problem in the City of Cottage Grove where its water system is compromised because of chemical contamination by an industry in that City. He asked why the County Club should be able to put down a lot of chemicals that can leach into the aquifers with impunity. Mayor LizBe stated the concern about putting chemicals down on the ground applies to residential properties as well. It's the responsibility of the home owner or business owner to properly apply any chemicals used in lawn maintenance. She noted the City drove the phosphorous free fertilizer regulation for the State many years ago. She explained when the City permits lawn fertilization application service providers they are told they can only apply phosphorous free fertilizer, and they are strictly regulated and controlled. She expressed hope that commercial businesses are as concerned about ground water as everyone present is. Mr. Greenfield stated he thought it admirable that the City has regulations on commercial lawn fertilization businesses. He asked why the City doesn't hold the Country Club to the same standards as the commercial lawn applicators. Mayor Lizee stated she is not prepared to answer that this evening. Mr. Greenfield stated he is anxious for Ms. Raymond to get him information about the forth coming meeting with residents in his neighborhood about municipal water. He reiterated the letter situation has damaged relationships in his neighborhood because people will now be suspicious of future proposals. Mayor Lizee thanked Mr. Greenfield for coming this evening. Chris Miernicki, 5995 Country Club Road stated he sent an email to all of the Councilmembers but he only received responses from Councilmembers Hotvet and Woodruff. His email was regarding increased traffic and danger on Country Club Road. He asked if any Councihmember did not receive the email. Mayor Liz& and Councilmembers Siakel and Derby stated they do not recollect seeing it. Administrator Heck stated he has not had the opportunity to talk with staff about this. He then stated he knows there have been traffic studies done for County Club Road. One was done prior to the CUB Foods development and another after it. Director Nielsen explained the traffic counts taken before the improvements to the intersection of County Road 19 and Smithtown Road were about 1,000 thousand higher than after the improvements were completed. _ Director Brown stated before improvements were made to that intersection the traffic engineer (WSB & Associates) conducted an origin destination study. It assessed how vehicles traveled through the area and where they were headed to. The study determined that 40 percent of the traffic that was using that route prior to the improvements to the intersection was headed southbound on Highway 41. After reviewing the study data the then Council decided to have a no- right - turn-on -red sign installed at the northwest comer of the intersection. It was thought at that time if 50 percent of the cut -thru traffic could be deterred that would be admirable. A concerted effort was made to encourage drivers to stay on County Road 19, the collector route, to access Highway 7. He noted that a certain percent of the traffic used the route so they could go eastbound on Highway 7 and try to beat the traffic. He also noted that the route is a thin route and it is considered a State aid route. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 5 of 21 Mr. Miernicki asked when the last traffic study was done. Director Brown stated he is not sure while noting counts have been taken after the improvements were made to the intersection. Mr. Miernicki then asked if anyone thinks it is safe to walk along Country Club highway, noting it is a highway from his perspective. He stated no one obeys the no- right- turn -on -red sign, the no -thru street sign, or the speed limit. He noted he has spoken with South Lake Minnetonka Police Department (SLMPD) Chief Litsey about speeding on Country Club Road. The Chief acknowledged speeding is a problem. He stated he has asked the SLMPD to have a patrol officer park in his driveway to monitor traffic speeds and told them that within five minutes they would catch a driver going 50 miles -per -hour (mph). One time within a minute of parking in his driveway the patrol officer stopped someone for speeding. Mr. Miernicki stated he has almost been hit by a car twice while going to get his mail and he no longer feels safe when doing that. He asked if the intent is to wait to make a change on that street until after a person gets hit by a vehicle and is seriously hurt. He noted he has spoken with Hennepin County Commissioner Callison and she told him she thought there is a major problem with the traffic on Country Club Road and that traffic route. He stated residents are very upset that drivers use that route as a cut -thru route. He then stated Badger Park and the park near Yellowstone Trail are great. Unfortunately, it is not safe to walk to them. Mayor Lizee stated this Council, this staff and the Park and Planning Commissions agree with Mr. Miernicki: She noted that during the work session preceding this meeting Council was presented with the results of a recent City resident survey. She explained the survey responses indicated residents think the expansion of trails and walkways is important. The City was developed without sidewalks in the 1950s. Newer developed areas do have sidewalks. Residents are reaching the point of wanting connectivity between parks, schools and throughout the City. Everyone is aware that there are no shoulders on Country Club Road and there are no sidewalks next to it. The Road is very heavily traveled. She asked Mr. Miernicki to provide his contact information so the City can keep him informed about sidewalks and trails. She stated she will search her email for Mr. Miemicki's email. She commented that Parks Commission would love to hear his comments. Mr. Miernicki stated he and his wife moved here because it is a family - friendly neighborhood. Unfortunately, because of the volume and speed of traffic on Country Club Road his family drives to the parks. He commented there is a property located on Echo Road and Country Club Road that has been for sale for a number of years and he thought someone would buy the property if changes were made on Country Club Road to slow the traffic down. Park Commissioner Edmondson extended an invitation to Mr. Miernicki to come to a Park Commission meeting, noting it has a meeting tomorrow evening. He stated he shares Mr. Miernicki's concerns. Councilmember Hotvet stated it takes residents like Mr. Miernicki to speak up for the community. Council wants to hear about residents concerns. Mayor Liz&e thanked Mr. Miernicki for coming this evening. Attorney Keane arrived at 7:30 P.M. Henry Miles, 24035 Mary Lake Trail stated that at least every other year he walks along County Club Road from Yellowstone Trail to City Hall to pick up litter. Half of that litter he picks up is beer cans or liquor bottles. He explained that 150 times a year he and his wife walk on County Club Road. While they walk they observe drivers speeding and disobeying stop signs. Not long ago his wife was almost hit by a CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 6 of 21 driver who was texting as he rounded the corner from Yellowstone Trail on to Country Club Road and hit Mr. Miernieki's mailbox. One or two years ago he and his wife witnessed a car cut across the lawn of the property at Yellowstone Trail and Lake Linden Drive, noting the driver did not five in the City. Mr. Miles then stated the cut -thru from City Hall to CUB Foods, Highway 7 and Highway 41 is dangerous and it is becoming more so every year. It may not be because of traffic counts but it can be in part because of the inattentive drivers who drive Country Club Road. From his vantage point the City's response to this has been pandering and indifference. The stone columns that were put up by CUB Foods were supposed to convince drivers that they were entering a neighborhood and therefore should drive carefully. From his vantage point drivers coming between those columns couldn't care less. Mr. Miles then stated he doesn't think the Mayor answers her mail on the subject. When she was asked at one of her coffee with the mayor session why she did not she indicated she thought she had and that she will but he didn't think she did. Mr. Miles asked Council if they knew what the sign along Country Club Road less than 200 feet from City Hall says. Councilmember Hotvet responded no- turn -on -red. He stated the sign says speed limit 30 miles per hour no thru traffic. He then asked Council how many of them know how many times drivers have been cited or ticketed for violating that sign. He stated if Council is not indifferent it will find out the answer. Mr. Greenwood stated now that Attorney Keane is present he asked him who the water in the ground belongs to. Keane explained subsurface water in the aquifers is owned by the public and it is regulated by the DNR and the Minnesota Department of Health. The basic principal is it is regulated by well appropriation permits. There is no rationing or mechanism for who gets what under current regulations. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. PARKS A. Discuss Topics for the February 28, 2012, Joint Meeting with the Park Commission Administrator Heck stated there is ajoint Council and Park Commission meeting scheduled for February 28, 2012. He asked Council what it would like to discuss during that meeting. He noted he will ask the Commission the same thing during its meeting tomorrow evening. Mayor Lizee stated she would like to discuss the results of the City resident survey, noting the results were presented to Council during its work session immediately preceding this meeting. She then stated the survey results indicated there was a lot about parks and recreation and about the desire to have more trails and walkways. Councilmember Zerby stated that information could dovetail into the plans for Badger Park, noting that has been discussed on and off for a long time. TKDA addressed Badger Park in detail when it updated the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 7 of 21 over all plan for the City's parks. He would like to hear what the Park Commission's vision is for that Park to determine if it is in sync with Council's vision. Councilmember Siakel stated she would like to discuss what the Park Commission thinks its top priorities are for 2012 and where Council can be of help. Park Commissioner Edmondson stated the Park Commission is going to be working on its vision for all the parks. He then stated he is a big proponent of trails and walkways. People want to walk and bike to places in today's world. A. Report on the February S, 2012, Planning Commission Meeting Commissioner Davis reported on matters considered and actions taken at the February 8, 2012, Planning Commission meeting (as detailed in the minutes of that meeting). Davis noted that last year the Planning Commission heard residents from four neighborhoods complain about traffic and speeding. She stated she thought it is a serious problem in the community. Mayor Liz& stated she thought it first and foremost is the personal responsibility factor. B. Christmas Lake Estates Preliminary Plan Director Nielsen explained Eric Zehnder, Zebnder Homes, Inc., is proposing to subdivide the property located at 6040 Christmas Lake Road into three lots. The property has one single -family house on it. The property is zoned R -1A, Single- Family Residential, as is all of the property surrounding it. Approximately the easterly one -third of the site lies within the "S ", Shoreland District. During its January 17, 2012, meeting the Planning Commission held a public hearing on this. After hearing public testimony, the Commission decided to continue the public hearing to its February 8, 2012, meeting based on a number of concerns raised. The Commission also wanted an opportunity to see revised plans incorporating the revisions discussed. Nielsen reviewed how the concerns raised about the Staff report during the January 17` meeting have been resolved. The original plans showed elevations for the proposed building pads and that they were to be walkouts. Storm water calculations were not provided at that time so there was no way for the City Engineer to determine if they could be walkouts. The applicant's engineer provided storm water calculations twice with the second time being based on Staff recommendations. The revised calculations and the water table information do support the walkout elevations shown on the plans for the three houses. 2. Storm water calculations made it clear that runoff from the two new houses will not adversely affect the property to the south, noting there is a culvert under Christmas Lane. Before that would happen it would leave the site to the wetland system to the north or top over Christmas Lane. The driveway to the existing house on the property extends across from Christmas Lake Road. There is a culvert underneath that driveway that currently dams up the wetland system and basically separates the wetland into two. The original plan proposed taking that driveway out and removing that culvert. The first revision of the plan proposed leaving that culvert where it was in CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 8 of 21 part because they wanted to use the sewer line for the existing lot along that driveway. Staff advised against that because it would require an easement across Lot 2. The plans have been revised again to reflect connecting to the sewer on the west side of the plat. The applicant has gone back to taking the existing driveway and culvert out and creating a swale through there. That is supported by the comments provided by the Minnehaha Creek Watershed District (MCWD). The original plan had shown the new driveway coming through the wetland setback; something allowed by the City Ordinance. The revised plan has shifted the new driveway a little to the left eliminating any crossing of the wetland but resulting in the loss of one tree. 4. The original plan showed the wetland buffer setback on Lot 2 at 25 feet and that is less than what the City Code requires. The developer's consultants based the buffer and setback on the MCWD requirements. The MCWD's requirements can be less than the City's depending on the wetland. The revised plans reflect a 35 -foot natural buffer and a 15 -foot setback from that buffer per the City's requirements. 5. Staff and the Planning Commission asked the applicant to show a different illustrative building style for Lot 2 than what was shown on the original plan. The revised plan shows a shallower design and it leaves room between the building pad and the wetland setback for a deck or patio. Nielsen stated the Planning Commission recommends approval of the preliminary plat subject to Staff recommendations and incorporating the comments of the MCWD. Mayor Liz6e asked Mr. Zehnder if he has anything he would like to add. Mr. Zehnder stated he did not but he would answer any questions Council may have. Councilmember Siakel stated she had visited the site. She noted she has asked Engineer Landini about potential access to municipal water from the site. She then noted there are fire hydrants along Powers Boulevard. She asked if there is an opportunity to provide access to water to the site before people move onto Lots 1 and 2. Landini explained the water system that is near Lilac Drive and Mill Street on Powers Drive is from the Chanhassen water system so permission would have to be obtained from Chanhassen. Landini noted Mill Street is a Hennepin County road and that would have to be torn up to extend water from that system. Extending watermain does not meet the City's feasibility requirements. Mayor Liz& stated that is an interesting proposition because there is water close by. Coming in through the Brand Circle area would be one way to deliver water to that area. Then municipal water could be brought to the residents near Christmas Lake. She asked Mr. Zehnder if he every spoke with the Cities of Chanhassen or Excelsior about water. Mr. Zehnder stated in early conversations Director Nielsen it was determined that water was not available and wells were the only option. Liz& then stated at times there has been misunderstanding about wetland natural buffers and setbacks. Placing wetland monuments have really aided the City and the residents in knowing where the buffers and setbacks are. She asked if that will be part of the final plat. Director Nielsen explained the applicant will have to show the wetland buffer with monuments. A wetland monument is an at -grade survey stake with a cap on it and it says Shoreland Wetland Boundary. They will be placed at all the deflection points on the lots along the wetland. Property owners mow into the wetland buffer. They can mow the setback. Some cities use 42- inch -high posts with signs stating wetland boundary. Unfortunately, they are unsightly when there are a lot of them. CITY OF SHORE WOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 9 of 21 Lizee asked if the utilities to the site will come off of Christmas Lake Road or Brand Circle. Director Nielsen responded both. Two lots will be served off of Christmas Lake Road and the third off of Brand Circle. Councilmember Zerby stated he is pleased with the work that Staff and the Planning Commission has done, and also with the fact that the MCWD has been involved. Zerby moved, Siakel seconded, directing Staff to prepare a resolution approving the preliminary plat for Eric Zehnder, Zehnder Home, Inc., for 6040 Christmas Lake Road, subject to Staff recommendations and incorporating the comments from the Minnehaha Creek Watershed District. Motion passed 4/0. C. City Code Text Amendment for Therapeutic Massage Licensing Director Nielsen explained that Council had directed the Planning Commission to review a number of the City's Ordinances with regard to licensing, one of which was Therapeutic Massage Licensing. The current Ordinance requires individual massage therapists to get their own license. There is a business located in the City that has 8 — 12 therapists working there and each has to get a license. That business expressed concern to the City about the amount of fees therapists had to pay. The Planning Commission recommends a different approach to licensing for therapeutic massage services. Nielsen then explained that the Commission recommends the individual business and not the therapist be licensed. That includes individuals practicing massage therapy on their own. The proposed amendment to the Ordinance shifts the burden of background checks and validating credentials of individual therapists to the business. The City would still monitor and enforce that rule. All the requirements for being a massage therapist will still be in place. Councilmember Zerby asked if the permit will change to a rolling 12 months or a prorated fee. Director Nielsen responded no. Zerby asked if there is a reason it won't. Councilmember Siakel stated she thought there had been discussion about a prorated fee when the license was applied for part way into the calendar year. Director Nielsen stated it's an annual fee and he thought it is prorated. Administrator Heck stated that was the discussion. Zerby asked if the amendment includes prorating. Nielsen stated if it does not it should be because the Commission didn't change that. Siakel stated she did not find that in the amendment. Director Nielsen stated the fee schedule will be adjusted to allow for prorating. Zerby moved, Siakel seconded, Approving ORDINANCE NO. 490 "An Ordinance Amending Chapter 311 of the Municipal Code to Update the Licensing Requirements for Therapeutic Massage Services" subject to including a prorated fee option, Adopting RESOLUTION NO. 12- 009A Resolution Approving Publication of Ordinance 490 by Title and Summary ", and Approving ORDINANCE NO. 491 "An Ordinance titled `License, Permit, Service Charges and Miscellaneous Fees." Motion passed 4/0. The owner of the massage therapy business located in the Shorewood shopping Center thanked Council and Staff for doing this. He asked how his business should respond to licensing during this first year of transition. Administrator Heck stated the Planning Commission didn't address the effective date of the license. Director Nielsen stated it is his recollection that it would occur on the effective date of the license renewal. Nielsen then stated that the responsibility for business being responsible for keeping the records of therapists goes into effect as soon as the Ordinance amendment is approved. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 10 of 21 Mayor Lizee thanked the business owner for his patience. She also thanked the Planning Commission for its work. D. Discuss Topics for the February 21, 2012, Joint Meeting with the Planning Commission Mayor Lizee noted there is a joint Council and Planning Commission meeting scheduled for February 21, 2012. She stated she would like to discuss the Commission's 2012 work program and the results of the City resident survey conducted in 2011. She asked if there were any other topics Council wanted to discuss during that meeting. Councilmember Hotvet stated the survey will also tie into life -cycle housing, noting that came out in the survey. ENGINEERING /PUBLIC WORKS None. 10. GENERAL/NEW BUSINESS A. Financial Services Agreement with the City of Excelsior Administrator Heck explained that the City of Excelsior lost its finance director and was unsuccessful in recruiting a replacement. He noted Director DeJong helped out with that recruitment process and during that process DeJong suggested to Excelsior that maybe the Shorewood Finance Department could provide to Excelsior at least a portion of the financial services needed on at least an interim basis. At first Excelsior City Manager Kristi Luger was not overly receptive to the idea. After warming to the idea Luger eventually asked Shorewood to submit a proposal for providing financial services for doing their utility billing, payroll, claims processing, accounts receivable and escrow accounting. The services would be billed out on an hourly basis. The meeting packet contains a copy of a Financial Services Agreement (the Agreement) between the two Cities. He noted that Excelsior plans to hire a finance officer and when that position is filled some of the services Shorewood may provide could revert back to Excelsior. He also noted that the Excelsior City Council has already approved the Agreement. Director DeJong stated a goal of doing this is trying to gain efficiencies in the financial processes. The best way to do that is for the two Cities to use the same financial system software and similar charts of accounts. He explained the services will be provided using Excelsior's financial system in 2012. He stated the Shorewood 2012 Capital Improvement Program (CIP) includes funding for a new financial system and Excelsior's finances could possibly be processed using the new system. If they two Cities ultimately use the same financial system it would make it relatively easy to coordinate the financial services. He noted that he believes this is a good opportunity for the two Cities to share services. DeJong explained that the National Association of Industrial and Office Parks has a bill in the Legislature that will require line item reporting of budgets and expenditures. Doing that would make comparing city operating costs easier and help in identifying best practices. The League of Minnesota Cities, Metro Cities and the Minnesota Government Finance Officers Association are all very leery of the existing bill. He stated he thought there is a lot of benefit to have similar structures in place for various cities. He explained the Local Government Information Systems (LOGIS) consortium and also the City of Roseville and another organization already share software. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 11 of 21 DeJong stated that if at the end of 2012 it's decided that things didn't work out as well as the two Cities had hoped the Agreement will end. Mayor Liz& stated this is a great opportunity to collaborate and share services. She agreed that it is easier to share services when software applications are the same or at least if they can interface with each other. Councilmember Zerby asked how much staff time will be required to provide Excelsior with services and what impact that will have on doing Shorewood activities. Director DeJong stated he doesn't have a great idea but the current estimate is around 500 hours a year split between him and the Senior Account. DeJong explained the estimate is based on what it takes to perform straight accounting functions. Excelsior also wants its residents to contact Shorewood directly with utility questions. Zerby noted that is about one quarter of a person's time. DeJong stated that he anticipates some efficiencies will be achieved during the first year of this. Zerby then asked if Shorewood's utility billing system will be used for Excelsior's billing and if Shorewood's office staff will mail Excelsior's bills out. Director DeJong explained Excelsior will continue to do the mailing of bills and Excelsior's readers will be used generate the information for input to the billing system. Zerby also asked if the checks will be mailed to Excelsior or Shorewood. DeJong responded that has not been decided yet. DeJong noted there are quite a few unanswered questions for both Cities. Administrator Heck noted the questions are more about logistics. Zerby went on to ask if Attorney Keane has reviewed the Agreement. Administrator Heck stated he thought he had sent it to Keane. Keane stated he has not been asked to review the Agreement. Heck explained the attorney for Excelsior drafted the Agreement. Zerby stated the Agreement states it expires on December 31, 2012, unless either party terminates it with 60 days written notice. There is no auto renew clause in the Agreement. It seems that this is not being considered as a long -term venture. When the learning curve is factored in it seems like a lot of work for a relatively short contract. Administrator Heck explained the Excelsior City Council and Excelsior City Manager Luger wanted an approximate one -year trial Agreement to provide Shorewood the opportunity to determine if it is feasible to provide the services on a long -term basis. Heck stated if both City Councils conclude that this arrangement works to everyone's satisfaction the Agreement could be renewed before the end of 2012. Councilmember Siakel asked when Shorewood will begin providing services to Excelsior if Council approves the Agreement. Administrator Heck explained that Director DeJong has already spent time over at Excelsior City Hall to familiarize himself with Excelsior's financial software. Siakel stated it sounds as if there are still logistics to work out and Attorney Keane has to be provided the opportunity to review the Agreement. Siakel then stated it in some ways it makes sense to do this, but if Shorewood doesn't start providing services until June and the Agreement is only through the end of the year she questions the value of going through all of the effort for that short period of time. Heck stated the plan is to start providing services right after Council approves the Agreement. Director DeJong stated he has already started helping Excelsior out because it is short on personnel; something the City would likely do for any other neighboring city. He explained he has ran payroll, entered utility bills, and done some payment processing. Councilmember Zerby noted the Agreement stipulates that the fees that will be charged are based on the hourly rates of the City's two Financial Department staff members. He stated it doesn't appear that Excelsior will be charged for computer time. He asked if another financial system license will have to be purchased. Director DeJong explained there is no need for another license because there will not be any CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 12 of 21 additional users of either system. Shorewood staff will use Excelsior's existing software licenses. No decisions have been made about licensing Excelsior to use Shorewood's financial software. Zerby asked if Staff researched rates of private financial services providers. Director DeJong explained that Excelsior is spending approximately $7,000 per month on services from an outside accounting firm for financial reporting services. DeJong stated there would potentially be an opportunity to increase the rates if the Agreement is renewed. Zerby noted he supports moving forward with doing this. He expressed concern that there is a lot of risk with doing this. He stated he assumes staff will deal with the risks appropriately. He expressed some discomfort that Director DeJong has already started providing services before Council has approved the Agreement. Councilmember Hotvet stated she is a huge fan of innovation in government when it makes sense. She then stated this is a good opportunity. She asked if Excelsior or Shorewood would be responsible for any overtime costs incurred by Shorewood staff to provide services to Excelsior. Director DeJong stated Shorewood financial staff will continue to be paid through the Shorewood payroll system and overtime charges will essentially be reimbursed from payments received from Excelsior. DeJong noted that not all of the hours spent on Excelsior activities will be overtime hours. There is regular business hours time available to work on them. Hotvet asked what fund the payments from Excelsior will go into. DeJong responded the General Fund. Councilmember Zerby stated if the two hourly rates were averaged out and then that amount is multiplied by 500 hours the amount the City would earn is approximately $23,000. Councilmember Siakel stated she wants Attorney Keane to review the agreement. She asked that this be included as an item on the City's project planning calendar and that Council be provided with regular updates on how this initiative is working. Hotvet moved, Siakel seconded, approving the Financial Services Agreement between the City of Excelsior and the City of Shorewood subject to the Shorewood City Attorney reviewing the Agreement. Motion passed 4/0. B. Aquatic Invasive Species Administrator Heck explained that Mayor Lizde, Councilmember Zerby, Attorney Keane, Director Nielsen, Minnehaha Creek Watershed District (MCWD) Administrator Eric Evenson, the legal representation for the MCWD Louis Smith, and he have met twice to date to discuss what the City and the MCWD can do to minimize the spread of aquatic invasive species (AIS) into Christmas Lake. This group wanted to begin the discussions well before the 2012 boating season starts. This group has talked about things such supporting legislative proposals that would increase local authority as it relates to the control and prevention of AIS and having inspectors at the launch site. The group thought it prudent to bring Council up to speed on what the group has discussed to date. The Minnesota Department of Natural Resources (DNR) has stated it will not support the central inspection of watercraft for AIS before entry into Christmas Lake, Lotus Lake and Lake Minnewashta. Heck noted that Joseph Shneider, president of the Christmas Lake Homeowner's Association, has submitted a grant application in the amount of $25,000 to the Conservation Partners Legacy Grant Program for funding to cover watercraft inspections at the Christmas Lake boat launch. Mr. Shneider CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 13 of 21 asked him as property manager for the City to sign off on the project, which he did. The due date for the application was February 9, 2012. Heck asked Council what it thought the City should do to try and keep Christmas Lake from becoming infested with AIS. Mayor Liz6e thanked Administrator Heck for signing off on the application for Legacy funding. She stated the City and Council have been concerned about AIS, the issues they cause, the economic impact AIS have, water quality and so forth for a long time. She then stated the communication and cooperation about AIS management and mitigation has improved between the various government agencies. She thought it prudent for the City and the agencies to maintain those relationships. She recommended the City continue to work with the MCWD on doing what ever it can to train watercraft users about AIS. She stated she thought the inspection certification training program is intriguing. She noted the South Lake Minnetonka Police Department (SLMPD) will be sending some officers to training on March 26, 2012. SLMPD Chief Litsey has offered to hold a second training session at the SLMPD facility so more people can be trained. She asked for Council's support for the training program and for continuing to do what ever the City can to protect the natural assets. Councilmember Siakel stated the DNR does an excellent job of training people on how to inspect for AIS and it is willing to come to various sites to conduct the training. She asked Mayor Liz6e if she wanted Council's support for holding an inspection training session at either the Southshore Community Center (SSCC) or at the SLMPD facility and inviting residents from Christmas Lake or anywhere else in the City to the session. Liz6e clarified she is asking for Council's support for the training and the ongoing AIS management and mitigation efforts. Siakel then stated the Lake Minnetonka Conservation District (LMCD) works with the MCWD and the DNR to provide inspections at selected launch locations on selected days. The LMCD contracts with Volt Workforce Solutions (Volt) to conduct the inspections. She asked if the City could potentially work with the LMCD and Volt to conduct the inspections. Councilmember Zerby asked if the inspections conducted by Volt are mandatory or voluntary. Councilmember Siakel stated she thought they are mandatory. Councilmember Zerby stated he would like to move this forward. Councilmember Hotvet stated she thought Shorewood is viewed as a leader because of its attempts to move this effort to control and manage AIS at Christmas Lake. Councilmember Siakel stated if the Christmas Lake Homeowner's Association gets the grant she asked if it would be able to hire someone like Volt to conduct the inspections. Mayor Liz6e stated any inspector at the site would have to be certified by the DNR. Siakel stated that would be true for a lay person, but what about people working for a company like Volt. Councilmember Zerby stated that as long as the DNR recognizes them as being able to conduct inspections it would be alright. Mayor Liz6e stated it is important that the licensed peace officers get trained to do inspections because any transportation of AIS is against State law. The DNR has made it known that it intends to ticket people for transporting AIS; it is no longer just going to issue a warning. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 14 of 21 Councilmember Hotvet asked if things such as boat lifts being transported can also be inspected and ticketed for transporting AIS. Mayor Liz6e stated that has happened. The DNR has traced zebra mussels to a boat lift that was transported and put into pristine lake. Siakel moved, Hotvet seconded, approving support for the City working with the Minnehaha Creek Watershed District and the Minnesota Department of Natural Resources to provide aquatic invasive species (AIS) certification training in the spring of 2012, supporting current and ongoing efforts regarding AIS education and control, and supporting Legislative proposals aimed at increasing local authority as it relates to AIS control and prevention. Motion passed 4/0. Mayor Liz6e stated this is important for all residents. She noted she received an email from the MCWD earlier in the day regarding a two -day symposium on March 19 and 20 about the latest research on AIS management and the policy and legal implications of the approaches available today. C. Recreation Trail Grant Application Administrator Heck explained Staff recommends Council authorize the submittal of a grant application to the Minnesota Department of Natural Resources (DNR) for the Federal Recreational Trail Program. The application is for funding to help pay for the construction of 1200 linear feet of paved trail from the LRT Trail on County Road 19 Tonka Bay /Shorewood border to Smithtown Road. The City had applied for a similar grant for this section of trail in 2011 but it was not awarded the grant. The grant provides 50 percent reimbursement of the total cost. The Ad Hoc Trail Committee (the Committee) formed in 2011 identified this segment of trail as one of the priority 1 trails targeted for completion within the next five years in the Trail Plan Implementation Report (the Trail Plan). He noted the resident survey indicates there is a desire for walkability in the community. He stated the Tree Rivers Park District supports this trail segment because it is beneficial and ties into the overall regional nature of the trail system. Councilmember Siakel asked how Staff arrived at originally Staff indicated it would be very easy to consider $72,000 or even $36,000 to be low budget. a cost of $72,000 for this trail segment. She stated construct and very low budget, noting she doesn't Administrator Heck explained that is based on trail cost projections for neighboring communities which are in the $50 — $60 per lineal foot range. Engineer Landini has been doing some preliminary work on this potential project, but he doesn't think Landim has enough information yet to revise the estimate. He stated during Trail Committee meetings Staff had indicated this would be an easy segment to construct. The right of way (ROW) adjacent to a Hennepin County road is a complicating factor. If the City wants to construct the trail in the ROW it would be responsible for the relocation of power poles of the ROW. The design plan being considered does not involve that ROW. The City needs to speak with Xcel Energy and the bus garage company to construct a trail on their properties. Engineer Landim stated he only has preliminary concept plans for that segment of trail. He has no additional information to revise the cost estimate. Councilmember Siakel stated she was a member of the Committee which was comprised of members of the Park and Planning Commissions, she and Councilmember Hotvet, staff and representatives from the public. She explained the Committee had reviewed trail plans that had been developed by various councils over the past ten years. There was Committee consensus that having trails and a walkable community is important. The Committee prioritized the various trails previously identified somewhat based on ease of construction and lower cost. Each trail segment would be evaluated on its own merits when it came up for consideration. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 15 of 21 Siakel explained the Trail Plan was presented to Council during its September 26, 2011, meeting and at that time Council directed Staff to draft a resolution incorporating the Trail Plan into the Shorewood Comprehensive Plan. The Trail Capital Improvement Program (CIP) had been taken out of the Trail Plan before the resolution was adopted because the cost estimates needed to be revised. The CIP was revised and the cost estimates are much higher than what the Committee had been told. The revised 10 -Year CIP reflects a total cost of approximately $1.8 million. She asked how all of that resulted in committed funding of $1.8 million to trails. Council had talked about if there was funding and matching grant funds and if it made sense to construct a segment of trail then Council would discuss it. Siakel stated a total cost of $72,000, and a possible City cost of $36,000 if it was awarded a grant, seems like a lot of money to her. She has no idea if it is a reasonable cost. It was characterized as something that could be constructed easily and inexpensively. She noted that segment of trail isn't connecting anything in the City and it could be constructed at any time. She questioned if it would be good stewardship of the taxpayers money to construct that segment at this time. She then stated she has a lot of reservations about moving forward with this. Councilmember Hotvet stated she was a member of the Committee, and that she agrees with Councilmember Siakel's perspective. She noted that it is no secret that she is a fan of the trail system. She stated if the grant could be applied to another trail segment that may have more of an impact it could make sense to apply for the grant. Councilmember Zerby stated from his perspective constructing that missing segment of trail makes sense because it would be the easiest to construct. He then stated to consider other trail segments would take a lot longer to move forward in part because of the research that has to be done. He commented that he thought the cost estimate seems high, noting he doesn't know what the specifications for the trail segment would be. To him it is a guesstimate. He stated if the City would be awarded a grant to pay for one half of the cost he would be in favor of constructing it. Councilmember Hotvet noted the Committee prioritized this segment of trail as number one. Councilmember Siakel explained the Committee did not discuss there being ROW issues and it was told it would be easy and relatively inexpensive to construct. Councilmember Hotvet stated to her it almost sounded as if the Public Works Department could construct the asphalt trail. Based on information provided to the Committee, it considered this trail to be low - hanging fruit and a great place to start. Councilmember Siakel asked if this should be brought back to the Committee. Mayor Lizee questioned if it is prudent to spend time and money on quantifying costs and preparing plans before there is some commitment to constructing this trail segment. Based on past experience, applying for a grant doesn't commit the City to accepting the grant. Administrator Heck clarified if the City applies for and is awarded this grant it is required to take the funding for this specific location. Councilmember Hotvet stated the City would be obligated to fund one half of whatever the cost ends up being. Administrator Heck stated based on comments made earlier in this discussion it is his understanding that Councilmembers would like Staff to identify a possible section of trail that could be constructed and then have it evaluated for things such as connectivity, access, cost and possible grant funding before committing to the anything in the Trail Plan. Heck noted that very preliminary construction costs had CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 16 of 21 been estimated to be approximately $50,000 per mile. Those were revised later on based on other municipalities' cost estimates. Councilmember Hotvet suggested providing different options and costs. For example, one option could be a bituminous surface and another could be asidewalk. Councilmember Zerby stated creating the perception that Council has agreed to spend $1.8 to construct trail segments is ludicrous. That isn't going to happen. He suggested delving deeper into the Trail Plan and providing more detailed information about what obstacles there are to constructing the trails and more realistic cost estimates. He commented that he views the Trail Plan as more of a wish list; a wish list that needs more investigation. Mayor Lizde noted that Council is being asked to authorize the grant application this evening. The application has to be submitted to the DNR by February 28, 2012. Councilmember Siakel asked when the next opportunity to apply for a similar grant will be. Engineer Landim explained the City could apply again in February of 2013. Administrator Heck stated based on this discussion next year Staff would identify the grant opportunity, determine which trail segments could benefit from the grants, review what the priority is in the Trail Plan for those segments, then bring that to the Park Commission for consideration and then come to Council with recommendations. Councilmember Hotvet stated her greatest discomfort is with the costs. She asked if there is a way to get more solid cost estimates. Councilmember Zerby agreed with her. Councilmember Zerby stated the Park Commission doesn't need to get involved at that time. Staff needs to do more research, provide more information and provide more solid cost information. Councilmember Hotvet stated the Committee would like that same information also. Director Brown stated before better cost estimates can be provided Staff has to determine if there are ROW needs, utility concerns and wetland impacts. That requires a lot of Staff time. Councilmember Zerby noted that he and Councilmember Hotvet were involved in the trail planning process for the potential County Road 19 trail project. One of the first things participants did was ride their bikes to look at proposed trail routes. Engineers took pictures of the proposed routes to show where wetlands, utilities and so forth were located. Concept plans were then prepared. He suggested that one of the first things that should be done is something like a visual survey for trails and that could be done by Staff. Councilmember Hotvet stated doing that would help create a more realistic picture of how the trail would fit in and what it could look like. She noted she has had three conversations today about when trails are coming, two tonight and one earlier in the day. She stated now it is time to visualize the Trail Plan and take it seriously. She then stated she supports forgoing applying for a grant until more specifics are known about this trail segment. Councilmember Siakel agreed with that. There was Council consensus to forgo applying for this grant at this time, and to have Staff gather more specifics about what it will take to construct this segment of trail, the cost to do so, and work with the Committee and the Park Commission and Council on what the next steps should be. Councilmember CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 17 of 21 IIotvet stated she doesn't think there is a need to meet with the Committee on this. Staff should just provide more detail about the trail priorities for the next five years and then Council and Staff can discuss it. Mayor Lizde recessed the meeting at 8:55 P.M. Mayor Lizde reconvened the meeting at 8:59 P.M. D. Presbyterian Homes Conduit Bonding Request This item was removed from the agenda at Staff's request. E. Property Casualty Insurance Changes Director DeJong explained that in 2010 the City was approached by two agents from Northern Capital Insurance Group to potentially use there services as insurance agents. After checking references and learning about them thorough the nature of their services, Administrator Heck decided to move the City's business to those agents for the 2011 and 2012 insurance renewal. That decision has resulted in the City getting a lot better information, saving money in a number of areas and identifying areas where the City did not have enough coverage. They also did a cost benefit analysis of insurance premium costs versus per- incident deductibles. The Staff report" included in the meeting packet includes the results of the analysis. The analysis shows there is the potential for the City to save a fair amount of money by increasing the per - incident deductible level to either $1,000 or $2,500 from the current $500 deductible level. He noted Staff recommends the deductible level be increased to $2,500 for an annual savings of approximately $3,500. Zerby moved, Siakel seconded, directing Staff to increase the insurance deductible to $2,500 per incident. Motion passed 4/0. F. Discuss Resident Survey and Options for Additional Resident Information Gathering Mayor Lizde stated during its work session just prior to this meeting Council was presented with the results of the resident survey. She suggested Council and the Park Commission and the Planning Commission discuss results that are specific to the respective Commission and what items Council and the Commissions want to pursue. Councilmember Zerby agreed with flushing out some what the City should do with what it learned from the survey before considering options for additional resident information gathering. He noted Council learned that 91 percent of the respondents use the City's newsletter to get information about the City. Questions could be published there and residents could be directed to the City's website to comment on them. He suggested seeking input from the Commissions on areas relative to them that Council wants more information on. Councilmember Hotvet stated she prefers there to be a gathering sooner rather than later so as not to appear as though Council is distancing itself from the results. She recommended Staff and Council be very organized about what will be covered during the gathering. Councilmember Siakel stated there is a big opportunity to use the website to gather more information as well. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 18 of 21 Administrator Heck stated as many modes of gathering information should be used as possible. Bur first, Council and the two Commissions need to decide what specific areas it wants to get additional information about. Councilmember Hotvet asked Administrator Heck who will identify which survey questions and results are pertinent to the two Commissions before the joint meetings with them. Administrator Heck stated the survey questions specific to each Commission will used to guide the discussion. Councilmember Siakel based on the priorities identified in the Strategic Plan a few key things should be the focus of discussion. She noted she is pleased that the City did the survey. 11. OLD BUSINESS A. Amendments to the Personnel Policy Manual Administrator Heck stated this item was continued from the January 23, 2012, Council meeting in order to provide Staff the opportunity to make a few minor revisions to the draft language regarding severance pay as recommended by Council. Councilmember Siakel stated the couple of the concerns expressed about the verbiage have been addressed. Siakel moved, Hotvet seconded, approving the amendments to the Policy manual as provided. Motion passed 4/0. B. Trail Plan Clarification Councilmember Siakel stated this somewhat ties to Item I O.0 on the agenda about the grant application for funding to help pay for the construction of 1200 linear feet of paved. She explained when Council discussed cost to implement the Trail Plan Implementation Report (Trail Plan) it was discussed in the context of being a placeholder. It has been changed from being a placeholder to what has been termed to be committed funds. It was never the Ad Hoc Trail Committee's (the Committee) intent and she doesn't think it was Council's intent to take all of the funds in the Community Infrastructure Fund (CIF) and dedicate them to trails. She noted she does not want there to be a perception that Council allocated SI.8 million dollars to trails. She stated creating that perception is disturbing to her. She reiterated it was not her intent or the intent of the Committee and that she doesn't think it was Council's intent. She asked Staff how to remedy this. Director DeJong explained that everything in the Capital Improvement Program (CIP) is a placeholder under certain assumptions. Assuming there is a commitment to do all of the projects identified in the Trail Plan funds are committed to them. None of the projects are set in stone. But, there has to be some reasonable planning methodology about what resources will be available. lie stated Administrator Heck has been talking to Council about prioritizing projects and effectively communicating the priorities and the costs to do them to the residents. He explained from a financial perspective the best way to do that is with a CIP that includes projects and capital expenditures the City expects to do and incur over the next 5 — 10 years and a Financial Management Plan (IMP) that shows what the impact of the CIP is on City finances. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 19 of 21 DeJong encouraged Council to think hard about where it wants to go with trails. He stated he believes the expectation has been set that trails are a high priority and that the City will construct them. He then stated that without going through the process of doing the engineering and analysis to build a trail it is difficult to get a better estimate of costs. The thought was that by doing a relatively easy and short trail project Staff could come up with better construction cost information. He indicated he will attempt to revise the FMP so it makes sense to Council. He stated he thought it important to communicate fairly to the City's residents what the City thinks it is going to do and what it thinks the cost to do so is. Councilmember Siakel stated there had been discussion about using CIF funds to help pay for removing buckthorn from Freeman Park. She reiterated she did not think it was the Committee's or Council's intent to commit the entire CIF to trails. She stated she is not sure how to fix this. Mayor Lizee stated it was not her intent and she didn't think it was Council's intent to earmark the $1.8 million in the CIF to trails. She then stated there is a difference in her mind between the CIP and the City's Comprehensive (Comp) Plan which gets updated at least every five years. The Comp Plan addresses roads, trails, and parks and recreation without any specific commitment to funding things. The trail projects will be considered when there are grants available and when the City has the needed funds. Councilmember Siakel clarified the intent of this discussion is not to point the finger at anyone. She stated it seems as if everyone agrees in concept that there is an incorrect perception that all funds in the CIF are committed to trails that has to be addressed. Administrator Heck stated from his perspective the easiest way to "'fix" this is to say that the Trail Plan identifies potential trail projects but a source of funding for the projects has not been identified. Individual trail projects will be considered on an annual basis. He then stated he thinks the confusion is created by the FMP showing all of the CIF funds being used to offset the cost of the trail projects at the expense of other priorities Council may have. The FMP needs to be revised to reflect there is an estimated cost to implement the Trail Plan but sources of funding to implement the Trail Plan have not been identified. That can be done as part of the 2013 budget process. Councilmember Hotvet asked if there could be bullet points about potential uses of the CIF noting no decisions on how to use it have been made. Administrator Heck stated the use of the CIF is a policy issue that Council needs to address. Discussions about the survey, the priorities in the Strategic Plan, the CIF and the FMP all tie together. He then stated that in the past there hasn't been a good comprehensive discussion that ties priorities to a FMP. Director DeJong stated this incorrect perception highlights the tension between desires and the lack of funding available to fund all of the priorities. Staff has been working hard to help Council identify priorities to include in a FMP. He then stated he has a hard time using bullet points in a FMP. A FMP needs to include specifics projects and costs; projects and costs that can be adjusted. 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. GreenStep Cities Update CITY OF SHOREWOOD REGULAR COUNCIL MEETING: MINUTES February 13, 2012 Page 20 of 21 Administrator Heck stated there is nothing new to report on the GreenStep Cities ,Program project. The energy audits of City Hall, the Public Works facility and the Southshore Community Center are scheduled to happen this month. The results should be available by the end of the month. 2. Project Update Administrator Heck stated there is a joint legislative conference sponsored by the League of Minnesota Cities, Metro Cities, Association of Minnesota Counties and School Boards on March 22, 2012. Councilmember Hotvet has signed up for it. He met with representatives from the Minnesota Department of Natural Resources (DNR) last week to talk about who is responsible for the maintenance of the Christmas Lake boat landing facility. The Christmas Lake facility is the only one in the State where there appears to be a division of responsibility. The City is responsible for areas on land and the DNR is responsible for areas in Christmas Lake. The DNR has indicated it wants to get out of the management of the landing. The DNR also indicated it may be willing to potentially rebuild boat launch ramp to make it longer. Director Brown stated that Councilmember Hotvet has asked him to comment on what Public Works personnel have been working on due to the limited snowfall this winter season. Brown explained they have done some long overdue major maintenance to the salt storage shed, three wells have been rehabilitated, and asphalt cold mix was put down into potholes and around sunken manhole covers. Those are projects that normally fall by the wayside. Also, they have gotten a head start on storm water inspections that must be done to satisfy Municipal Separate Storm Sewer System (MS4) requirements. Councilmember Hotvet thanked Director Brown for his report. B. Mayor and City Council Councilmember Hotvet stated she has spoken with representatives from South Tonka Little League (STLL) about the project to remove buckthom from Freeman Park. STLL has agreed to help with communications, rounding up volunteers and so forth. She noted soccer and softball organizations may also be willing to help. She asked if there is a way to tie that effort in with the placement of the recycling bins in the City parks. Councilmember Siakel asked if the dates for that effort have been firmed up. Administrator Heck stated he does not think so. Councilmember Zerby stated he attended the January 25' Excelsior Fire District (EFD) Board meeting. The Board approved changes to theEFD's Cost Recovery Policy to increase the fees for the second through fifth follow -up inspections. The second follow -up inspection fee was increase to $200, the third to $300, the fourth to $400 and the fifth to $500. The initial inspection and the first follow -up inspection will continue to be free. A major reason for doing so is to mitigate risk to employees and customers. Mayor Lizee noted Councilmember Zerby was selected to be the Chair of the ETD Board for 2012. Mayor LizBe stated she attended a meeting of the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee on February 8 "'. Agreement on the SLMPD's contract with its union is close to being reached. She then stated SLMPD Chief Litsey and the SLMPD Community Service Officers have agreed to participate in aquatic invasive species inspection certification training. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 13, 2012 Page 21 of 21 13. ADJOURN Zerby moved, Hotvet seconded, Adjourning the City Council Regular Meeting of February 13, 2012, at 9:32 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED Christine Freeman, Recorder ATTEST: ia n I[e � ity Administrator /Clerk C JN� Christine Lizee, Mayor