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120808 CC Reg AgPCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 8, 2008 AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. Mayor Lizee Woodruff Turgeon Bailey Wellens 2. 3. B. Review Agenda APPROVAL OF MINUTES A. City Council Executive Session Minutes, November 24, 2008 (Att. -Minutes) B. City Council Work Session Minutes, November 24, 2008 (Att. -Minutes) C. City Council Regular Meeting Minutes, November 24, 2008 (Att.- Minutes) D. City Council Special Meeting Minutes, December 1, 2008 (Att. -Minutes) CONSENT AGENDA -Motion to approve items on Consent Agenda & Adopt Resolutions Therein: NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. A. Approval of the Verified Claims List (Att.- Claims List) B. December 2008 Council Meeting Schedule (Att. -Administrator's memorandum) C. Setting the Date for the Storm Water Pollution Prevention Program (SWPPP) Public Information Meeting (Att. -Engineer's memorandum) D. City Clerk's License List (Att.- Deputy Clerk's memorandum) E. Authorize Expenditure of Funds for 800 mhz. radios (Att. -Director of Public Works' memorandum) F. Petron 2°d Addition -Revised Plat (Att. -Resolution) Applicant: Karen Petron Location: 4845 and 4865 Suburban Dr G. Revised Street Vacations for Petron Rearrangement (Att. - 2 Resolutions) Location: Sunset Lane and Orchard Lane CITY COUNCIL REGULAR MEETING AGENDA -DECEMBER 8, 2008 PAGE 2 OF 2 H. Minor Subdivision (Att. -Resolution) Applicant: Milton (Mike) Seifert Location: 6085 Lake Linden Drive 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. REPORTS AND PRESENTATIONS A. Recognition of Service for Council Member Martin Wellens 6. PUBLIC HEARING 7. PARKS 8. PLANNING -Report by Representative 9. GENERAL/NEW BUSINESS A. Approving the 2009 Budget and Approving the Property Tax Levy Collectible in 2009 (Att. -Staff memorandum, Proposed Resolution) B. Establishing the 2009 Pay Scale and City Insurance Contribution (Att. -Staff memorandum, Proposed Resolution) C. Authorizing the Transfer of Funds (Att -Staff memorandum, Proposed Resolution) D. Approval of the 2009-2013 Capita] Improvement Program (CIP) (Att. -Staff memorandum, CIP) E. Going out of Business Sale (Att. -Planning Director's memorandum) F. Southshore Center Lease and Cooperative Agreement (Att. -Administrator's memorandum) G. Legal Services Letter of Engagement (Att. -Administrator's memorandum) H. Staffing Recommendation 10. ENGINEERING/PUBLIC WORKS A. Illicit Discharge Ordinance (Att. -Engineer's memorandum, Draft Ordinance) 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. City Hall Construction Update B. Mayor & City Council 12. ADJOURN ~. `,~ j` .. } b ~. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #3B: Staff is recommending forgoing the second meeting in December as is tradition. Agenda Item #3C: As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recommending that this meeting be held February 9, 2009, at 7 PM, as part of the regular City Council meeting. Staff recommends that Council set this date and time for the Public Informational meeting. Agenda Item #3D: This is the list of Garbage Haulers, Tree Trimmers and Massage Therapists who have provided the necessary documents and fees for a license to provide service in the City in 2009. Agenda Item #3E: Staff is recommending approval of an authorization for expenditure of funds for purchase of two portable 800 MHz radios and accessories, not to exceed $6,500 and that. application be made for the grant offered by the Metropolitan Emergency Services Board for reimbursement of a portion of the expenses. Agenda Item #3F: In September of this year the Council approved a final plat for the Petron Rearrangement. Apparently the County did not like that name and would not accept it. The Petrons' surveyor has submitted a revised plat using "Petron 2"d Addition" instead. This is viewed as a housekeeping matter and a draft resolution is included in your packet for your consideration. Note, we did not recopy all of the exhibits in the interest of saving trees (sure, why start now?). Staff recommends approval. Agenda Item #3G: In September of this year the Council agreed to vacate portions of Sunset Lane and Orchard Lane (now known as part of Suburban Drive). The County asked the Petrons surveyor to simplify the legal descriptions and use "part of Suburban Drive" in place of Orchard Lane. In this case, the revised resolutions are more brief than the ®~ ~®~~ PRINTED ON RECYCLED PAPER Executive Summary -City Council Meeting of December 8, 2008 Page 2 of 3 originals. Drafts of the new resolutions are included in your packet for your consideration. Again, this is viewed as a housekeeping matter and, again, staff recommends approval. Agenda Item #3H: Mike Seifert's minor subdivision was approved in October of this year and staff was directed to prepare a resolution to that effect. All the legal documents have now been submitted, including the driveway easement agreement for the shared driveway. The resolution includes the conditions relative to driveway width that were part of the original staff recommendations. Staff recommends approval of the draft resolution found in your packet. Agenda Item #SA: A plaque will be presented to Council Member Martin Wellens for his four years of service on the City Council. Agenda Item #9A: On September 8, 2008, the Council approved the Proposed 2009 budget and tax levy which was subsequently certified to Hennepin County. The City held a Truth-in-Taxation Hearing on December 1, 2008 to discuss and receive public comment on the Proposed 2009 budget and tax levy, and the Council indicated a continuation of the hearing would not be held. The levy must be certified to the County Auditor by year- end. Staff recommends that the Council approve the proposed resolution approving a fina12009 Budget and 2008/2009 Tax Levy. Agenda Item #9B: The 2009 budget process included discussion about adjustments to City employee salary ranges and the City's contribution toward the employee insurance plan. The proposed resolution approves these adjustments to the pay ranges and sets the City's insurance contribution at $800 per month per employee; the schedule provides fora 3.0% economic adjustment increase in January only. If adopted, the changes will be effective January 1, 2009. Staff recommends approval of the resolution. Agenda Item #9C: The City Council approved budgeted transfers of monies to and from various funds for capital improvement and other purposes in the 2008 Budgets. This annual resolution authorizes the transfer of funds as previously approved by the budget and discussed at work-sessions by the Council. Agenda Item #9D: The 2008-2012 Capital Improvement Program (CIP) has been prepared for approval by the City Council. It includes the changes as indicated by the Council during the year's budget work-sessions. Staff recommends that Council adopt the resolution approving the 2008-2012 CIP. Agenda Item #9E: At Council direction, staff researched Shorewood's current regulations pertaining to going out of business sales. The ordinance was adopted in 1987 and modeled exactly after that of the City of Minneapolis -the only other city we could find that still regulates this activity. Staff agrees with the comments made by Council members who feel the ordinance is unnecessary and out of date. Staff recommends that this ordinance be put out of business. A draft ordinance, repealing Chapter 307, is included in your packet for your consideration. Executive Summary -City Council Meeting of December 8, 2008 Page 3 of 3 Agenda Item #9F: Recommendation regarding amendments to the Southshore Community Center Lease Agreement and the Cooperative Agreement. Agenda Item #9G: Recommendation to sign the agreement for City Attorney services with Kennedy and Graven. Agenda Item #9H: Recommendations regarding staffing and organizational adjustments. Agenda Item # 10A: An Ordinance is proposed for approval under this item. The Ordinance would amend Title 900 of the City Code adding Chapter 907 Illicit Discharge into Stormwater System. Staff recommends approval of the proposed Ordinance that will become effective upon publication. CITY OF SHOREWOOD 5735 COUNTRY CLUB ROAD CITY COUNCIL EXECUTIVE SESSION SOUTHSHORE CENTER MONDAY, NOVEMBER 24, 2008 5:00 P.M. MINUTES 1. CONVENE CITY COUNCIL EXECUTIVE SESSION Mayor Lizee called the meeting to order at 5:02 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff Absent: None 2. CITY ADMINISTRATOR PERFORMANCE REVIE`~~ Council discussed the City Administrator's performance. All Councilmembers were in attendance. 3. ADJOURN The City Council Executive Session of November 24, 2008, was adjourned at 5:46 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk #2A CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, NOVEMBER 24, 2008 MINUTES 1. CONVENE CITY COUNCIL WORK SESSION 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 6:00 P.M. Mayor Lizee called the meeting to order at 6:03 P.M. A. Roll Call Present. Mayor Lizee; Councihnembers Bailey, Turgeon, Wellens and Woodruff; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; and Director of Public Works Brown Absent: None B. Review Agenda Woodruff moved, Wellens seconded, approving the agenda as presented. Motion passed 5/0. 2. 2009 GENERAL FUND BUDGET DISCUSSION Director Burton stated the City will hold its Truth-In-"haxation meeting on Monday, December I, 2008, and if necessary a continuation hearing will be held the following Monday, December 8, 2008. The Truth-In-Taxation process to be followed this year is the same as in recent years. The Council would approve and adopt the final budget on December 8, ?008. The purpose of this work session is to provide the Council one last chance to rcvic~~~ the proposed 2009 General Fund Operating Budget and levy, as it was adopted in September. A copy of the budget was included in the meeting packet. The budget is the result of Council and Staff work sessions held on June 23rd, August 4th, August llth, August 25th, October 13th and November 10th, 2008. Burton reviewed the changes included in the current draft of the proposed budget. The merit salary "pool" was reduced to $24,000 (or 2 percent of $1.2 million) from $30,000. The Council Contingency line item was increased by $6,000. Staff requested Council consider how much, if any, it desires to allocate for aquatic invasive species (e.g., Eurasian watermilfoil) mitigation in Lake Minnetonka. There is currently a piaceholder of $l. She also requested Council discuss the final disposition of the approximate $].38,000 in Council Contingency She noted Professional Services will be reduced by approximately $14,000 (to $205,500 from $219,500) to reflect a reduction in costs for city attorney legal services. She also noted that Fines and Forfeitures will be reduced by $15,000 (to $55,000 from $70,000) based on the 2008 actual through October; the 2008 year-end amount is projected to be $27,000 - $30,000 less than the $80,000 budgeted. Councilmember Woodruff requested Staff to research the reason for this reduction in fine revenues. Administrator Heck stated at the last SLMPD Coordinating Committee Chief Litsey provided statistical information about number and types of criminal offenses for 2006 -September 2008; that information showed a decrease in the number of citations from 2006 to 2008. Heck explained that some of the reduction in revenue is the result of a reduction in the amount of court-ordered fines. He stated when he #ZB CITY OF SHOREWOOD WORK SESSION MEETING MINUTES November 24, 2008 Page 2 of 6 worked for a city in Ramsey County it was not uncommon for a judge to waive payment of a fine while keeping the court surcharge. Councilmember Woodruff stated a while ago Director Burton sent out information projecting to end the year approximately $160,000 under budget. Administrator Heck stated that was his projection. Burton then stated her current projection for 2008 year-end net revenues minus expenditures is approximately $50,000 which is within 1 percent of forecast. Councilmember Wellens questioned if it would be appropriate to ask Chief Judge James T. Swenson if he knew the reason for the reduction in fines and forfeitures revenues. Councilmember Woodruff noted under highlights/comments in the General Administration Budget the amount for the salary merit pool needs to be revised. Councilmember Woodruff stated the proposed levy is 5.02 percent including the approximately $138,000 in Council Contingency. If the $138,000 was backed out, the levy would be decreased to slightly over 2 percent. It's projected that $50,000 will be added to the General l~'und Reserves at the end of 2008 and that is not included in the proposed budget. He wanted the total levy increase to be no more than 3.9 percent; that would be a reasonable levy especially because it includes the cost for the City Hall renovation. He explained if $80,000 of the $138,000 ~a~ere allocated f<~r specific purposes and the remainder of the $138,000 (or approximately $58,000) was not levied, the levy increase would be approximately 3.8 percent. The Council Contingency would be reduced to zero. He recommended $50,000 be allocated to Streets and Roadways;,that ~-vould increase the transfers-in amount to $695,000. He recommended $30,000 be allocated to Parks and Recreation; $ 15,000 to operations and $15,000 to the CIP increasing it to $45,000. He stated the 2009 Parks and Recreation budget was reduced from 2008. Councilmember Wellens stated the costs Por furniture and audio visual equipment for the City Hall renovation project have to be funded out of the 2009 General Fund. Director Burton clarified the bid does not include those items, but the estimated costs for them were included in setting the bond amount. Councilmember Turgeon suggested the wording of the objectives in the Public Works budget be clarified. She thought the Storm Water Pollution Prevention Plan (SWPPP) Best Management Practices (BMP) required the City to sweep its .streets in both the spring and fall. She wanted to make sure the budget allowed for that. Director Brow^ clarified the City is encouraged to do the second sweeping in the fall. For the most part, the streets arc swept twice a year; the budget allows for that. Councilmember Turgeon stated she did not think there was a well laid out plan for Parks. She had difficulty increasing funding for Parks projects without along-range plan (i.e.; what projects and when), noting she was not opposed to doing so if there was a plan. She noted the transfers-in to Parks was already increased by $15,000 for 2009. She stated she 11ad no objection to keeping some of the $138,000 in General Fund Reserves based on the current economic climate. She had no issue with increasing the transfers-in to Streets and Roadways, commenting that $50,000 would not fund much. She noted a 20- year Pavement Management Plan (PMP) had. been prepared. Director Burton commented a budget is not a guarantee that money will be spent on a particular item. If the Park Commission were to prepare along- range plan that was satisfactory for Council then there would be funds available. Mayor Lizee recommended the $138,000 remain in Council Contingency or that it be placed in General Fund Reserves based on the economic climate. Director Burton stated the additional funding for Parks could be placed in a Contingency line item pending the submission of Parks plan from the Park Commission. Councilmember Woodruff stated he CITY OF SHOREWOOD WORK SESSION MEETING MINUTES November 24, 2008 Page 3 of 6 would have no issue with that, and he recommended a notation be included explaining that. Woodruff commented that he would be really disappointed if the Park Commission did not prepare along-range plan that was acceptable to Council. Councihnember Woodruff stated he was not in support of increasing the levy to fund General Fund Reserves. The revenues for the non-levy items have been tightened up. From his vantage point, the Liquor Fund, which has over $900,000 in it, is a large enough safety net for the City. Councilmember Wellens commented the 2009 Capital budget for Parks is $206,000, and there is a master plan for the City's parks. He questioned what plan Coln~cihnembers Turgeon and Woodruff were looking for. Turgeon replied that the Park Commission wants to hire a consultant to help the Commission redo the master plan; therefore, the Commmission must think the eight-year-old master plan is not very good. Wellens stated he thought the Commission was looking for new ideas not included in the Plan. Councilmember Wellens stated there was a lot of money in the Liquor Fund and the size of that Fund could be reduced. Councilmember Turgeon stated she did not disagree with reducing the levy to approximately 4 percent Councihnember Bailey questioned Councilmember Woociruffs rationale for recommending a $15,000 increase to Parks Operations. Woodruff stated the 2009 bud~het is $16,000 less than the 2008 budget because funding for the Southshore was eliminated. Councilmember Turgeon noted that was not a reduction in funding for Parks operations. Woodruff suggested funding for aquatic invasive species, if ther<e is any, be included in the Parks budget. The Parks Commission could make a recommendation on what the City should do with regard to milfoil mitigation. He commented a lot of residents have parks in their neighborhoods; many people who have lake-front property on Lake Minnetonka, especially those on Enchanted and Phelps Islands, consider the Lake their park. If the City were to spend money on milfoil mitigation or any related Lake activity, he suggested it come out of the Parks budget. Councilmember Baileyatated a lot of arbitrary items have been discussed, The most important item was the discussion about a levy increase of 3.9 percent. The increase could have been kept at approximately 2 percent to cover the City Hall renovation costs. Council was discussing if the additional 2 percent increase was a reasonable increase in expenditures. If Council accepted the 3.9 percent decision, then Council could consider whether Parks could use an additional $30,000 in fielding and Streets and Roadways could use an additional $50,000. He is somewhat sy-npathetic to that notion for Streets and Roadways based on the PMP. The first assumption that has to be addressed is the one of an approximate 4 percent levy increase. He could question why the levy should be increased 2 percent without there being a specific expenditure for it; one way to look at it is to say the levy should not be increased if there is no specific need. Councilmember Woodruff clarified that he was advocating the levy increase not exceed 3.9 percent; he thought that was what the legislature intended. His recommendations would result in an approximate 3.8 levy increase. He stated he was confident Council could identify things that should be done to the roads and parks. He noted that the $6,000 for the milfoil mitigation effort was funded out of reserves in 2008; and, if money was allocated for a similar effort in 2009, that did not mean it had to be spent. He stated it was the worst financial time for the Country since the 1930s depression and it was only going to get worse. He thought Council owed it to the residents to keep the tax increase as low as possible, and if that means 2 percent maybe that is what it should be. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES November 24, 2008 Page 4 of 6 Councilmember Turgeon commented that the 3.9 percent levy limit increase put in place by the Legislature was really a 4.17 percent increase if its formula was used. Director Burton stated the maximum levy increase is 4.17 percent and then there can be a special levy for debt service; a 5.02 percent increase was within the allowable limits. Councilmember Bailey stated he did not think there were specific expenditures identified for use of the additional 2 percent increase; if those additional funds are not spent they end up in reserves. From his perspective there is less scrutiny over the spending of reserves then there is when funds are being spent out of an operating budget. Increasing Parks funding by $30,000 concerns him because there is no specific justification for the increase in expenditures. Colmcilmember Woodruff stated the entire $80,000 out of Council Contingency could be put in Streets and Roadways. Councilmember Bailey stated $80,000 is a very small portion of what is needed for Streets and Roadways; and if the City decides to bond for road reconstruction it may not have been prudent to put the $80,000 there. Bailey commnented he did not have a good answer for funding road reconstruction. In response to a comment from Councilmember Woodruff, Director Burton stated the $138,000 for Council Contingency is an unspoken for amount. Burton staled if the funds were placed into capital funds there would always be a need for them. She did not think it was not the best practice, from a budgeting perspective, to levy for funds with no specific purpose for using those funds. She understood Councilmember Woodruff to have specific purposes. Councilmember Woodruff stated he could support eliiminating the elitire $138,000. Director Burton questioned if Council wanted to allocate any funds for milfoil mitigation. She noted when funds were allocated out of reserves for that purpose in 2008, Councilmember Bailey stated he wanted the City to specifically budget for that in future years if they decided to fund milfoil mitigation. In response to a comment by Councilmember Woodruff, Director Burton stated she did not recommend using funds from the Liquor Fund for operations. Councilmember Turgeon agreed. Mayor Lizee stated Council had agreed that~itwould solicit input from the residents on how those fwlds should be used. Mayor Lizee then stated she thought Dick Osgood, with the Lake Minnetonka Association, would be making a request for funds for milfoil mitigation during the upcoming regular Council meeting. Turgeon stated she was not aware of a long-range plan for milfoil mitigation. Lizee clarified that Mr. Osgood has reviewed the plan before with Council. Councilmember Woodruff stated a $6,000 expenditure for milfoil mitigation could be funded out of reserves. Director Burton recommended it would be better to allocate funds in the Council budget, in the same line item where Lake Minnetonka Conservation District dues are funded, than plan on taking funds out of reserves. Lizee stated she wanted to allocate $6,000 for milfoil mitigation in the budget. Councilmember Woodruff stated he recused himself from the discussion about funding for that purpose in 2008 year and he will not comment on the need for that in 2009. Lizee asked what percent $138,000 is of proposed budget. Director Burton stated approximately 2.4 percent. Councilmember Bailey stated approximately $35 million is needed for road reconstruction and maintenance over the next 20 years, and $700,000 is approximately 2 percent of that amount. He suggested allocating $55,000 of the $138,000 to Streets and Roadways. Councilmembers Turgeon and Woodruff stated they could support that. Bailey also suggested allocating $15,000 from the $138,000 to CITY OF SHOREWOOD WORK SESSION MEETING MINUTES November 24, 2008 Page 5 of 6 replenishing funds in the Parks CIP. He recommended the remaining $68,000 of the $138,000 should be eliminated from the levy. Director Burton recapped the recommendations: reduce Council Contingency to zero; increase the transfers-in to Streets and Roadways by $55,000, resulting in a total of $700,000; increase the Parks capital budget by another $15,000 to $45,000. Funding for AIS will be removed from the budget. Director Burton thanked Council for its efforts 3. 20-YEAR ROAD PLAN Director Brown stated the meeting packet contained a 2009 - 2028 Pavement Management Plan (PMP). The PMP includes a spread sheet for the years 1975 - 2028, identifying roadway maintenance history and projected maintenance. The spread sheet also incorporates the information contained in the Pavement Rating System (i.e., PACER). The spread sheet identifies 2005, 2006 and 2008 ratings, and is sorted by the 2008 rating. The PMP reflects roadways with a rating of four acid under will get reconstructed. The lower the rating, the worse condition the roadway is in. The road~a ays in the worst shape are Harding Lane, including the cul-de-sac, and Smithtown Lane. It is important that the goals of the Pavement Management System are ones that Council and the residents bu_y into. He explained roadways with a rating less than flue were entered into an automated process to estimate construction costs and those costs are included in the PMP. Brown reviewed the assumptions used in preparing the. PMP. '1 he unit prices are current unit prices plus a five percent inflation factor per year. There has not been any design work done; assumptions are based on the history for other roadway reconstruction projects.. (f curb and gutter are installed, another 30 percent of the roadway reconstruction cost is added Cor storm sewer related activities. T11ere are assumptions about construction of retaining walls. Another 15 percent of the reconstruction cost is added for contingencies, and an additional 20 percent is added for design, legal and inspection. Costs for easement acquisitions are not included as right-ol=way costs cannot be estimated until the design work is completed. Brown stated there is another spread sheet included in the PMP which reflects all the costs for 2009 - 2028 for reconstruction of roadways rated 2 - 4 as well as the costs for seal coating one-fifth of the roadways per year and overlay costs. The total cost for those activities is approximately $35 million. Councilmember Bailey questioned if over the 20-year period other roads not listed will fall into the category of needing to be reconstructed, to which Director Brown responded yes. Brown stated it will take some time to analyze the expected life of roadways not classified as needing to be reconstructed in the Pavement Rating System, to identify those that will likely deteriorate to the point of needing to be reconstructed during the 20-year period, and to incorporate the ones that will need reconstruction into the PMP. Councilmember Bailey stated it important to have those cost estimates as well in order to have a complete understanding of the 20-year costs. Director Brown stated because of the increase in material costs, the City is not achieving its goal of seal coating one-fifth of its roadways each year. He then stated there are two philosophies when it comes to addressing roads with regard to overlays and seal coating: some cities take t11e approach that the worst roads should be done first; other cities take the approach to let the worst roads wait to be reconstructed and seal coat and overlay those roads where their usefi-1 life can be extended. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES November 24, 2008 Page 6 of 6 Administrator Heck stated this first draft of the PMP is intended to provide an estimate of what the cost will be to reconstruct, seal coat and overlay the City's roadways over the next 20 years, and provide an outline for future Council discussions. Councilmember Woodruff stated the PMP was great, and provides a lot of good information, noting there is room for refinement. He suggested Council give Staff direction this evening regarding what roadway reconstruction and maintenance it thinks should be done in 2009. He stated Council needed to have more in-depth discussions about this topic in future meetings. He then stated there is enough funding in 2009 to start a road reconstruction project in 2009 and possibly in 201.0. He suggested work begin on the worst roads in 2009 while the PMP details are further defined. He explained that he did a quick estimate off the numbers in the cost spread sheet and it appears it will take approximately $7.3 million to reconstruct all roadways rated three, with more than half of that amount being for Vine Hill Road. He suggested the storm sewer costs that will be incurred during roadway reconstruction should be funded out of the Storm Sewer Fund. He recommended Staff start preparing a plan for implementing the Harding Lane and Smithtown Lane projects in 2009. Councilmember Turgeon requested Staff identify which City roadways are MSA roads. She explained the City did not have any MSA reconstruction money; it does receive MSA maintenance money which is approximately $60,000 per year. Director Brown stated Council needs to address a policy ibr long-term funding for roadway reconstruction and maintenance activities. Councilmember Bailey requested Council have work sessions in 2009 to discuss the PMP and long-term funding for implementing the PMP in more detail. 4. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Work Session Meeting of November 24, 2008, at 6:58 P.IVI. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY OF sxoREwooD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24, 2008 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. Mayor Lizee called the meeting to order at 7:06 P.M. A. Roll Call Present. Mayor Lizee; Councihlzembers Bailey, Turgeon, Wellens and Woodruff; Attol7ley Keane; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; and Director of Public Works Brown Absent: None B. Review Agenda Woodruff moved, Turgeon seconded, approving the agenda presented. l'Iotion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 10, 2008 Turgeon moved, Woodruff seconded, Approving the City Council Work Session Minutes of November 10, 2008, as amended u~ Item 2, Page 1, Paragraph 3, Sentence 8 change "study with 5 - 10 projections" to "study with 5-10 year projections"; in Item 2, Page 2, Paragraph 7, Sentence 1, change "Adm>lustrator Hack" to "Administrator Heck"; in Item 1, Page 4, Paragraph 9, Sentence 2 change "Sanitary Sewer I'uud reserves would go done" to "Sanitary Sewer Fund reserves would go down"; and in Item 1, Page 5, Paragraph 8, Sentence 2 change "The 2008 planned capital outlay of $100,000 was cancelled in order to increase fund balance for 2009 projects." to "It was decided it was not necessary to spend the 2008 planned capital outlay of $100,000 in order to increase the fund balance for 2009 projects." 1Vlotion passed 5/0. B. City Council Regular Meeting Minutes, November 10, 2008 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of November 10, 2008, as amended in Item 9.G, Page 9, Paragraph 2, Sentence 1 change "Councilmember Woodruff stated during his tenure on the Council the Friends have struggled financial, and he did not know to what degree because he has not reviewed any financial statements of the Friends." to "Councilmember Woodruff stated during his tenure on the Council the Friends have struggled financially, and he did not know to what degree because he has not received any financial statements from the Friends." Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. ~ZC SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 2 of 19 Turgeon moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the resolutions therein. A. Approval of the Verified Claims List B. Property and Liability Insurance Renewal C. Awarding the 2008 Sanitary Sewer Jet Vacuum Cleaning (This item was moved to Item 10.B under Engineering/Public Works.) D. Adopting RESOLUTION NO. 08-082, "A Resolution Accepting Quote and Awarding Contract for 2009 Storm Pipe Replacement Project." E. Certificate of Achievement Award Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Presentation by Chief Judge James T. Swenson Mayor Lizee introduced Chief Judge Tames `h. Swenson, the Chief Judge of the State of Minnesota Fourth Judicial District Court, which serves Hci~nepin County. Judge Swenson stated he was appointed to Chief Judge on July 1, 2008, and serves on numerous committees within Hennepin Cowlty. IIe wanted to introduce himself, tell about the District Court, as well as answer any questions, He distributed a pamphlet titled "What You Should Know About Minnesota's Courts" and statistical 2007 criminal data for the City, Judge Swenson explained in July 2008 he researched how the Court compares to five other large district courts around the Country. In those five courts, approximately 5,000 cases are processed per year per judge. The Hennepin County Court processes over 8,000 cases per year per judge. He noted the United States Chamber of Commerce always ranks the Court in the top 2 - 3 for places that are most fair for businesses. He stated the Court is one of two star large urban courts in America. Many people come to Hennepin County to be trained on large urban environment issues. Judge Swenson explained the Court has taken two budget cuts, reducing the number of employees. A hiring freeze was put in place in the fall of 2008; the Court is operating at a 5 percent vacancy factor, and there are 28 unfilled positions. He noted if the Court does not get 5 percent new money just for personnel costs, it will have to cut an additional 41 positions over the next two years. Judge Swenson cited one example of the impact of staff reductions: cuts in the Domestic Abuse Service Center resulted in people not being served and having to return to their abusive environment. He explained the Court developed Self-Help Centers (SHC) to guide self-represented people in the Court process. The Court had to cut interpreter positions from the SHC. If the Court has to make more of these SHORE`VOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 3 of 19 types of budget cuts, it is likely the Domestic Abuse Service Center, the SHC, and possibly some of the suburban courts would close. He noted this is not desirable. Judge Swenson stated the Court's three suburban courts handle approximately 140,000 appearances per year, compared to other courts throughout the State that handle less than 5,000 appearances per year. He explained how closing courts is detrimental to the public safety services and budgets. Judge Swenson discussed a number of other valuable programs which are in jeopardy, such as the Driving Under the Influence (DUI) Court program, Judge Swenson stated if Councilmembers or residents believe in providing quality court services and/or if they want the Court's three Suburban Courts to remain open, he encouraged them to contact their State Legislators and ask them to fund the Fourth Judicial District Court. He offered to entertain any questions Council may have. In response to a question from Councilmember Woodruff, Judge Swenson explained the 2007 Criminal Data information he provided was data for the City of Shorewood only. Woodruff requested information for all four communities served by the South Lake Minnetonka Police Department. Judge Swenson stated he will research if he can get that information. Councilmember Woodruff stated in a previous Council ~~~orl< session, Council reduced the City's 2009 budgeted revenues from fines and forfeitures by $15,000 based on the 2008 actual through October. He asked Judge Swenson if he knew why the revenues are going down. Judge Swenson stated in 2007 the Court collected $55 million in fines, and its 200 budget is 543 million; the revenues from those fines go to the Justice Partners general fiord. A lot of traffic violations that used to be handled through the court system are now being placed on the State's Payable Last. Violators can pay the specific State-wide rate for each particular violation. That rate is not determined by a municipality; it's determined by the Judicial Council. It's possible that the uniform rates could have been less than what was previously charged. He will check into why the revenues declined. He noted the Crime Data indicates the Court collected basically all of the fines imposed. Councilmember Bailey asked Judge Swenson what his position is on Administrative Code Enforcement. Judge Swenson stated the District Courts don't have a particular position. The State Attorney General had some concerns about administrative type courts. When the decision was made to have the State fund the Judicial Branch (the Court used to be funded by Hennepin County) it was to by to insure justice was the same in all counties. Bailey stated the reason for Administrative Code Enforcement is to allow a municipality to solve minor violations in a quicker and more efficient manner. Judge Swenson stated the Court is reviewing all the services it provides to determine which ones will have to be cut if there are further budget cuts. B. Presentation by Dick Osgood, Lake Minnetonka Association (LMA) Representative Mayor Lizee introduced Dick Osgood, with the Lake Minnetonka Association (LMA). Mr. Osgood stated earlier this year representatives of the LMA and some of the City's residents who have property on Phelps Bay came before Council to request funding for the three-bay Eurasian watermilfoil control project for Carman Bay, Grays Bay and Phelps on Lake Minnetonka (the Lake). The Cities of Minnetrista, Mound and Shorewood were all approached for funding. Shorewood contributed $6,000 toward the treatment of Phelps Bay. A few months ago he provided Council with an update on SH®REW®®I) CITY C®UNCII, REGULAR MEETING MINUTES November 24, 2008 Page 4 of 13 this project. This evening he will highlight the 2008 treatment results and the plans for the 2009 treatment effort, as well as make a request for funding. He noted some of the residents on Phelps Bay were present this evening in support of the funding request. Mr. Osgood indicated the first treatment on Phelps Bay (the Bay) occurred on May 14`x' and it consisted of using two chemical products. One product was to control milfoil and the other to preemptively keep curlyleaf pondweed from becoming a problem. The Technical Committee now knows there were some issues with the dilution of the chemical, and the control was not as effective as was anticipated. Mr. Osgood explained the plan for 2009 is to modify the treatments, noting that final decisions can not been made until specific proposals are received for potential applicators. The 2009 treatments would likely occur later in the season when milfoil is more prone to treatment with the chemical products. The chemical used will likely be a granular formulation versus a liquid formulation; the granular chemical will stay at the root system longer. The Technical Committee will seek proposals from applicators with some guarantees and assurances. The Con~nnittee and the people funding the treatments (the lakeshore owners, the three cities, the Lake Minnetonka Conservation District, and the Minnesota Department of Natural Resources) are fi1-m on this. The 2009 anticipated results are ~ tpected to be much better. Mr, Osgood stated the lakeshore owners on the three bays have st~n~ied raising funds for the 2009 treatment efforts. The LMA is collecting donations from lakeshore owners. IIe noted a decision has not been made regarding who will administer the project in 2009 - the LM1~, the LMCD or a cooperative arrangement between the two. Mr. Osgood requested the City contribute $6,000 to help Cued the 2009 treatment of Phelps Bay, noting that amount is the same as what was requested in 2008. IIe stated similar requests will be made of Minnetrista and Mound, and he will attend the i~~Tound Council meeting on November 25"'. Mayor Lizee stated Shorewood and Minneh-ista each contributed $6,000 to the treatment project in 2008 and Mound contributed $12,000. Mr, Osgood stated the amounts rcqueslcd of the three cities in 2009 is the same as that requested in 2008. It's also anticipated that the I_,MCI~, through its Save-the-Lake Fund, and the DNR will make contributions similar to the ones they made in 2008. Mayor Lizee asked if any of the residents present this evening wanted to address this topic. Jack Kimball, 4445 Enchanted Cove, stated the 2008 treatment project did not live up to the residents expectations. The City's residents who live on Enchanted Island and have lakeshore property on Phelps Bay have 27 percent of the properties on Phelps Bay. These residents contributed 65 percent of the private funding. Although the residents are not pleased with the 2008 results, they are in support of the project moving forward because they know mitigating milfoil works. The residents want the City to contribute funding for the 2009 treatment efforts. If the City does not, each of the City's residents with lakeshore on Phelps Bay will have to contribute an additional $100. He noted increases in his and his neighbor's 2009 taxes and stated they are paying a lot of taxes, and there aren't any City parks on Enchanted Island, noting that Lake Minnetonka is in some ways their park, The residents are appreciative of the contribution the City made in 2008, and they request the City make a similar contribution in 2009. Councilmember Turgeon questioned when the Technical Committee anticipated receiving proposals from applicators. She stated she had attended the LMCD 2009 budget discussion meeting, and she did not think the LMCD budgeted for any treatments. She commented that at that time the LMCD Save-the-Lake SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 5 of 19 Fund did not have a lot of money. She thought there were a lot of unanswered questions relating to treatment specifics, applicators and funding sources. She stated the Army Corps of Engineers' report does not match up to what she just got. She then stated there is no long-term plan. Mr. Osgood explained the DNR grant cycle application process does not begin until January 2009; therefore, funds cannot be secured at this time. The LMCD prefers to help fund this effort using funds from its Save-the-Lake Fund; the deadline for submitting an application to the LMCD is a few weeks out. He stated when the 2008 request was made Council suggested that any funding request for 2009 be made prior to the 2009 General Fund Budget being adopted. Although he can't give assurances that the LMCD and the DNR will make contributions similar to the ones they made in 2008, fimding discussions have taken place with representatives of those organizations. He stated Council could choose to allocate funds contingent upon receiving funds from the DNR and the LMCD. He noted his assessment of the 2008 treatment results is consistent with the Army Corps of Engineers' treatment report which was included in the meeting packet. Councilmember Bailey stated he wanted DNR and LMCD representatives to appear before Council and say they agreed with the report and that they are willing to help Bind the 2009 treatment efforts. He did not want the City to commit to a funding contribution before those h~~o organizations commit to doing so. Mayor Lizee stated the three-bay Eurasian watermilfoil treatment project has been talked about being a five-year plan with 2008 being the first year of the Plan. She asked the Cotlncilmembers if they would be comfortable making a $6,000 commitment, contingent upon the ~DNR and the LMCD making donations in 2009 similar to the ones they made in 2008. She thought the Council needed to allocate funds in the City's 2009 General Fund Budget. She suggested the Citv's LMCD representative appear before Council at its December 8, 2008, meeting, to give an update on the project. She stated it was important to allocate funds in the 2009 budget for this effort. Councilmember Bailey stated the City has the opportunity to fund a donation out of its General Fund Reserves in January or February of 2009 if Council so chooses. He again stated he would be more comfortable if the regional authorities spoke to Council first and then Council could make its decision. Councilmember Wellens stated he appreciates the honest report on the 2008 treatment results, and the report on the plans for modifying the treatment efforts in 2009. He also appreciates the fact the residents are willing to contribute to funding the treatment efforts. He explained with any new request for money the decision is usually delayed until at least the next Council meeting. He stated he had no problem with the request, but formal action should be considered at the December 8th Council meeting. In response to a question from Mr. Kimball, Mayor Lizee explained the Council was not ready to make a conumitlment fora $6,000 donation to the 2009 three-bay milfoil treatment project this evening. In response to a comment from Mr. Osgood, Councilmember Bailey stated prior to Council making a decision he wanted to hear evaluation reports from DNR and LMCD representatives and he wanted assurances they would help fund the 2009 treatment efforts. Councilmember Turgeon stated she agreed with Bailey's preference. She stated there was money in a contingency fund and felt the decision did not have to be made at the December 8th meeting. She wants to review along-range plan, and would like to lrnow what the other agencies were committed to doing. She was not in support of the Lake Minnetonka Lakeshore owners or the 14 cities footing the bill for milfoil treatment of the Lake forever; noting the watershed districts and other agencies need to get involved. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 6 of 19 Mr. Osgood stated he would not have a formal funding commitment from the DNR and the LMCD by the December 8`~'because of those agencies funding cycles. The agencies will have to speak for themselves as to whether they will make along-rage commitment; they typically fund on a year-by-year basis as does the City. He noted the five-year LVMP does recognize the various funding cycles. Mayor Lizee recommended Council strongly consider funding this effort in 2009. There are contingency funds available to do so. 6. PUBLIC HEARING None. 7. PARKS A. Report on the November 18, 2008 Park Commission Meeting Chair Norman reported on matters considered and actions taken at the November 18, 2008, Park Commission meeting (as detailed in the minutes of that meeting). B. RFP for Consulting Park Planning Services Director Brown stated the Park Commission is looking for a consultant who can provide insight into and analysis of the City's parks. The consultant would review the master plan for the City's parks and the survey results, provide ideas and trends, meet with the Park Commission and assist in utilizing the budget for future planning, and review the current park infrastructure ou a park-by-park basis. The Commission wants the consultant to provide ideas for bringing continuity to the Park System. The Comnssion would then take the information provided to them and prioritize the options and equipment purchases for the next 20 years. Brown then stated the Park Commission recommended approval of the Request for Proposals (RFP) for Consulting Park Planning Scrv ices, a copy of which was il~cluded in the meeting packet. Brown reviewed the deadlines set for RFP submittals noting the deadlines are based on Council approving moving forward with the process this evening. Councilmember Bailey expressed concern about the Park Commission's recommendation to hire a consultant without having first identified a clear set of objectives for the consultant to achieve. The existing master plan for the Park System is the result of a lot of labor on the part of the Park Commission, Staff and prior consultants. He wants the Park Commission to provide a compelling case for what value will be realized from hiring another consultant. Director Brown stated the master plan was not a bad product, but Staff perceives the plan doesn't adequately help with the development of a work program for the park system. He thought the Park Commission wants to refine the plan; a consultant would provide a broader view of what other cities' were experiencing and doing. Councilmember Turgeon stated it was her recollection that when a consultant was hired to help with the master plan, the consultant considered what the parks offered and what could be added to the parks to handle the City's demographics. The plan is only eight years old. She commented the City hasn't grown in the last eight years. She stated there are other means for researching what the trends are for city park SCI®REW®OD CITE' C®tJNCIL REGtJI.AR 1~IEE'd'ING MINtJT~S November 24, 2008 Page 7 of 19 systems and for gathering information. Director Brown clarified the consultant facilitated a couple of Park Commission and Staff discussions; the consultant did not do the analysis. Park Commission Chair Norman stated the master plan provides a good base. The Corrnmission is not an expert on new park trends, opportunities, amenities, types of structures, etc. For example, some of the parks lack activities for seniors. He commented renovations to the facility at Manor Park are being considered, The Commission wants to identify other amenities to increase the utilization of all Parks, and would like the input of a consultant with expertise in the park field. Mayor Lizee stated she viewed hiring a consultant as an investment. The master plan is eight years old and it should be updated. She commented the Park Commission was comprised of a great group of volunteers. She noted the City does not have a specific employee dedicated to working with the City's parks. In the past Director Brown and now Engineer Landini perform parks related activities. She stated the City has invested in hiring Commmunity Rec Resources to perform scheduling functions for the park fields, noting the City previously had scheduling issues. She recommended the plan be updated to address facilities and use, and since the City does not have afull-time employee to address park needs, it would be appropriate to send out an RFP for park design services to help the Park Conulussion prepare a long-term project plan which the Council has been asking for. Councilmember Wellens stated Council is not authorizing the expenditure of funds at this time; it is only considering issuing an RFP for park design services. After Deceiving RFPs from consultants Council can evaluate whether or not there would be value in hiring a consultant. Councilmember Bailey stated if the RFP were to asl: for advice on something specific such as what to do to improve the building in Manor Park and if Council thought Staff was not able to do that assessment, he could support hiring a consultant to help with that effort. IIe would be willing to issue the RFP, as written, with the understanding that the purpose is to gather information. He wanted to hear Administrator Heck's perspective on the current utilisation of employee resources, and maybe Council should considering using funds to increase staff tirz~e for park related work rather than for a consultant. Councilmember Woodruff stated he found it difficult to identify what the consultant was expected to deliver, and he stated he could not detcrn~ine when the consultant's services would no longer be needed. He stated the RFP was only asking responders to provide a bid, but he questioned how bids could be provided to do general work. He was in support of having some planning activities occur with regard to the park system and if that meant addressing specific deficiencies in the master plan then those specific things should be identified in the RFP. Wellens moved, Bailey seconded, recommending approval of the Request for Proposals for Consulting Park Planning Services. Councilmember Bailey questioned how the scope of the RFP could be narrowed down. Chair Norman stated the Park Commission intentionally left the scope broad in an attempt to identify new ideas for how to get the highest and best use of the City's parks. The Commission thought it could provide more direction to the responders when it met with them. Councilmember Turgeon stated Community Rec Resources can provide information about the highest use of the parks because it schedules the use of the park fields. Director Brown stated the RFP came about during Park Commission discussions about wanting to establish a consistent identity and a sustainable design for the City's parks. It wanted to have common SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 8 of 19 signage and consistent design of the parks' shelters, where possible. He cited the re-branding of the Hennepin County Park System to the Three Rivers Park District. The Conunission wanted to allow the consultant to present new ideas during the interview process, and it expected to define the deliverables during the interview process. Councilmember Bailey stated a general vision for the park system and modifications for the master plan should be part of the deliverable. He indicated he would probably vote in favor of issuing the RFP because he wanted to see some park project started in 2009, and if the consultant could help make that happen then he was willing to consider hiring one. Council could then decide if it wanted to spend the funds. He would not support an open-ended contract for broadly defined design services. Mayor Lizee stated the RFP requested information such as fee schedule, timeline for completion, deliverable format, etc. She thought it would be a good investment to help refine the master plan and develop a vision for the park system. Councilmember Woodruff stated he wanted the RFP to be more specific regarding what the deliverables are. If it is to update the master plan, then it should identify what sections should be updated. If there are specific design projects for things such as signage and shelters thev should be identified. Councilmember Wellens stated the Park Commission was interested in the .tax-forfeited parcel of land that the City has an opportunity to acquire even though there is no parking near by. He questioned if the consultant could address how that property could be utilized. Councilmember Woodruff stated he would prefer to delay approving the RFP until it is modified to identify more specific deliverables. Mayor Lizee stated if Council delays action on this item the RFP process could not be approved until its Council's first meeting in 2009. Wellens amended his motion to include suuject to the RFP being modified to identify specific deliverables. Councilmember Woodruff stated he assumed the Park Commission and Council wants to determine who is qualified to do the work and ho.-~~ much will they charge. If that is the case, he could support moving forward with the RFP process if~ the RFP is modified slightly to request the consultant identify what needs to be done to the parks to meet today's needs and future needs, and to identify a schedule of events. After it's determined which consultant is most qualified and provides the services for a reasonable hourly rate, then the scope of the project can be determined; the Park Commission can develop a task list for Council to review, Councilmember Turgeon stated she did not understand why designing improvements to Cathcart Park would be a priority when it is not located within the City. She stated she was not convinced the RFP process would accomplish what's desired. Wellens withdrew his amendment. Motion passed 5/0. Councilmember Bailey suggested a joint Council and Park Commission meeting be scheduled with the consultant in attendance to discuss specific tasks and deliverables. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 9 of 19 Chair Noz-man stated he would bring the request for specific deliverables to the Park Commission at its December 9`'' meeting. C. Approve Changes to the Park Priority Policy Director Brown stated per Council's direction the Park Commission revised the City's Park Priority Policy to incorporate the use of reserving City-owned tennis courts for for-profit businesses. He noted a copy of the revised Policy was included in the meeting packet. Brown reviewed the changes to the Policy. Under Item 2, Categorization of Facilities, tennis courts have been deleted from Category 1 Facilities/Athletic Facilities and inserted into the Category 2 Facilities/Non Athletic Facilities. Under Item 4, Prioritization of Facility Use Requests: Prioritization for Category 2 and 3 Facilities, Priority 2, the following was added: Tennis Court use for for profit groups may reserve the tennis courts Monday-Friday from 9:00 a.rn. to 3:00 p. m. no more than. 3 hours a day and not exceed 1 S hours a week. The reason for this change is that Prioritization for- Category 2 still gives the resident first priority. Brown stated the Park Commission recommends the City Council approve the changes to the Park Priority Policy relating to the use of the tennis courts. Councilmember Woodruff stated he wanted to approve the changes, but he can't detet-mine how it's going to work. He explained under Prioritization for Catc~~ory 2 and 3 Facilities, Priority 1 is resident request on a first come first served basis. For-profit businesses need to have a predictable schedule. He stated the rules for use by for-profit businesses must state City residents must be allowed to participate in a business' program offering if they desire. Park Chair Norman stated the City and Carlson 'T'ennis would enter into an arrangement similar to the one entered into with 3rd Lair for skatepark programs. The arrangement will specify that Shorewood residents must be able to participate in the program. Carlson Tennis will provide some lessons which are open to the public at no cost, and the residents can pay a fee to participate in private lessons. He explained the tennis lesson programs offered by Carlson Tennis will be promoted in the Shore Report, and the community will be notified the Badger Park tennis courts will be unavailable for use during those lessons. Community Rec Resow~ces will be responsible for reserving the courts for for-profit business tennis activities. Administrator Heck stated this was an opportunity for the City to enter into an arrangement with Carlson Tennis to provide a recreation program sponsored by the City. In effect, the City would contract with Carlson Tennis to provide tennis lessons. The residents would sign up with the City to get lessons for some to-be-determined park-and-recreation fee. Carlson Tennis will get a portion of the fee for providing the lessons and the City will get a small portion for administrative efforts. Community Rec Resources could be responsible for scheduling the use of the courts. This situation will be of benefit to the City, the residents and Carlson Tennis. Councilmember Woodruff suggested the priorities for Category 2 and 3 Facilities be changed to Priority 1 -Tennis Court use for for-profit groups may reserve the tennis courts Monday-Friday from 9:00 a.m. to 3:00 p.m. no more than 3 hours a day and not exceed 15 hours a week; Priority 2 -Resident request on first come first serve basis; Priority 3 -Organized activity previously registered with the City of Shorewood Park Coordinator; and, Priority 4 -Non-resident request on a first come first serve basis. SHOREWOOD CITE' COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 10 of 19 There was ensuing discussion about what the priorities were in the revised Policy for tennis court use by for-profit businesses. Councihnember Bailey stated although there is some inconsistency in the revised Policy, he suggested the Policy be approved. Bailey moved, Woodruff seconded, approving the changes to the Park Priority Policy relating to the use of the tennis courts. Motion passed 5/0. 8. PLANNING -Report by Representative Commissioner Gniffke reported on matters considered and actions taken at the November 18, 2008, Planning Commission meeting (as detailed in the minutes of that meeting). A. C.U.P. For Telecom Facilities Applicant: Telecom Transport Management, Inc. Location: SE Area Water Tower - _5500 Old Market Road Director Nielsen stated Telecom Transport Management, hie. ("h"I~M) has applied for a conditional use permit (C.U.P,) to locate telecommunications facilities at 5500 Old Market Road. The property is the site of the City's SE Area Water Tower. TTM's original~~Uroposal was to erect three telecommunications dish-style antennas into the rail system at the top of the Tower. 'The Planning Commission held a public hearing for that request during its October 7, 2008, meeting. Nielsen then stated the request had been placed un Council's agenda for its October 27, 2008, meeting for consideration. The topic was continued to this meeting.because TTM wanted to modify its request. Between the October 7`~' meeting and the October 27°i meeting TTM changed the number of antennas it proposed erecting to one from three. Nielsen explained TTM has since requested the City reduce its rent rate for this request to $3,000 from $18,000, noting the $18,000 rate is for up to six antennas on a tower. Staff researched what a number of other cities do (several of which `1"CM has dealt with), finding there was no consistency in rental rates. It appears that some cities have agreed to lower their rate or negotiate their rates. Staff does not recommend this. Nielsen stated the meeting packet~contained a draft resolution approving the C.U.P. for TTM. He noted a minor change will be made to the resolution. In conclusion #2 "... Equipment to be Placed Within the Enclosure" will be changed to "... Equipment to be Placed as Directed by the Director of Public Works". Nielsen stated the Planning Commission did recommend approval of TTM's original request. He also noted that Debra Weiss, representing TTM, was present this evening to explain the reason TTM requested the rent rate be lowered. Debra Weiss, representing TTM, Inc., stated TTM has no issue with the language in the City's Water Tower Space Lease Agreement with one exception. TTM is requesting the City reduce its base rent amount for up to six antennas to $3,000 from $18,000. She noted TTM originally proposed erecting three antennas on the SE Area Water Tower. Ms. Weiss stated TTM applied for and received a Utility Niche Permit from the Public Utilities Commission. TTM technology transmits data for telecommunications carriers. The technology is similar to a T-1 line but it communicates wirelessly using line of sight for transmission. SIIOREWOOD CITI' C®UNCIL REGULAR MEETING MINUTES November 24, 200 Page 11 of 19 Ms. Weiss explained at the SE Area Water Tower location TTM is now proposing to erect one dish antenna that is two feet in diameter. She routed a picture showing the outside compound of where equipment will be located and a picture of a site in Mendota Heights where TTM installed equipment. TTM proposes using a 16-square-foot area of ground space outside of the enclosed area. Other carriers use an area approximately 15 feet by 20 feet in size for their shelters for up to six panel antennas. The additional weight placed on the Tower for six panel antennas and the 300 square-feet ground space is approximately one ton. TTM is proposing the 16-square-foot ground equipment be placed along side of the fence compound; it will not utilize any valuable ground space for future carriers. The location of the antenna on the handrail will not restrict new carriers from being able to locate their equipment on the Tower. TTM Technology will add approximately 64 pounds of weight for the antenna and cables on the Tower. Ms. Weiss then explained TTM does not charge a fluctuating fee based consumption like wireless carriers do; it has a set fee. TTM moves more data faster than a traditional land line carrier can move. The City's base rate for up to six antennas amounts to a cost of $250 per antenna. She noted traditional carriers also place much more weight on a tower and use much more ground space. She commented AT&T, Sprint and T-Mobile all have equipment on this Tower. She explained if TTM were to pay a monthly base rate of $300, then over the life of the contract the City could earn approximately $107,000 more in revenue (including an annual 4 percent annual increase) from TTM rental. She stated if TTM cannot have its monthly base rate for one antenna reduced to 5300 it cannot afford to supply service for its AT&T customer contract at the SE Area Water Tower location. Councilmember Bailey asked Ms. Weiss if this was atake-it or leave-it proposition. Ms. Weiss explained TTM is locked into its rate. Councilmember Turgeon expressed concern that if the City lowered its base rate for TTM other wireless carriers would request a rate reduction. Councilmember Woodruff shared her concern. Ms. Weiss noted that TTi~~I is the only connpany in the market that provides the type of service it provides. TTM has contracts ~~aith A"1'&'1~, Sprint, T-Mobile and Verizon. Ms. Weiss stated TTM wants to lease space for just one antenna and the reduced base rate it is requesting in for one two-foot-in-diameter antenna only. Council could add language to the lease agreement to specify if someone wanted to put additional TTM antennas on the tower the rate would increase. It has done similar things with other cities, and their rates range from $200 - $300 per month per antenna depending on whether cone-foot or two-foot in diameter antenna is used. Councilmember Wellens stated he understood the problem to be one of an inflexible pricing structure, to which Ms. Weiss responded that is correct. Councilmember Woodruff expressed disappointment that the rate-reduction request was not discussed at the October 27, 2008, Council meeting. He explained TTM originally proposed erecting three antennas and based on its requested $300 monthly base rate its monthly rates for three antennas would have been $900 per month; the City's standard monthly base rate for up to six antennas is $1,500. He stated he did not want Council deciding if the rental rate for erecting antennas should vary based on shape and size. In this situation TTM came to the City with a financial proposition that does not meet the City's leasing requirements. SHOREWOOD CITY COUNCIL. REGULAR MEETING MINUTES November 24, 2008 Page 12 of 19 Administrator Heck stated the City's base rate for erecting up to six antennas on a water tower was discussed at the October 27t~' meeting. Ms. Weiss apparently perceived the rate as a per antenna cost, which it is not. The City's rate is $18,000 for up to six antennas and then it is increased for additional antennas. He stated no one can say the space on the handrail on the Tower will never be desired because of changing technology. He then stated the City's past position has been the base rate for locating equipment on the City's water towers is $18,000 for 1 - 6 antennas independent of size and weight. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 08-083, "A Resolution Granting a Conditional User Permit to Telecom Transport Management, Inc. to Locate Telecommunications Facilities at 5500 Old Market Road on the Southeast Area Water Tower" subject to Staff recommendations. Motion passed 5/0. B. C.U.P. For Telecom Facilities Applicant: Telecom Transport Management, Inc. Location: Minnewashta Water Tower - 26352 Smithtown Road Director Nielsen explained this request is very similar to the request just considered for Telecom Transport Management, Inc. In this request TTM has applied for a conditional use permit to locate telecorrnnunications facilities at 26352 Smithtown Road. This property is zoned R-lA, Single-family Residential and is part of the Minnewashta Elementary School property. It is also the site of the City's Minnewashta Water Tower. TTM proposes to erect dish-sty1c°antennas Around the tower pedestal at a height of 110 feet. It also proposes to install four antennas; two of them are two-foot in diameter and the other two are three-foot in diameter. TTM proposes to locate ground equipment inside the Tower. Staff has advised them that no equipment will be placed inside the "howcr. There are two buildings on the site and one of them was oversized to accommodate Il~ture equipment. TTM's equipment can be housed in the oversized building. Nielsen noted that at its October 27. 200u, meeting Council requested Staff research charging for the use of ground space for telecommunications equipment He stated Staff found out that a few cities charge a minimal amount for the use of ground space. (-[e understood Council's concern to be one of lack of control over the amount oC ground space used. He explained the City has control over the site because of its ownership of the site and its control over what it allows to happen on the site. He stated the value in the rental operation to telecommunications companies is the vertical real estate (i.e.; the space on the tower). He explained the telecommunications ground-space equipment has gotten much smaller over the years. He stated Staff does not recommend charging for ground space. Nielsen stated the Planning Commission recommended approval of the C.U.P. He noted a copy of a resolution approving the C.U.P. and a copy of the City's Water Tower Space Lease Agreement were included in the meeting packet. Director Nielsen stated Debra Weiss, representing Telecom Transport Management, Inc., is in attendance. Woodruff moved, Bailey seconded, Adopting RESOLUTION NO. 08-084, "A Resolution Granting a Conditional User Permit to Telecom Transport Management, Inc. to Locate Telecommunications Facilities at 26352 Smithtown Road on the Minnewashta Water Tower" subject to Staff recommendations. Motion passed 5/0. Mayor Lizee recessed the meeting for a short break at 9:06 P.M. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 13 of 19 Mayor Lizee reconvened the meeting at 9:12 P.M. C. Preliminary Plat -Brookwood Applicant: Synergy Land Co. (Brent Hislop) Location: Approximately 6 acres between Strawberry Lane and Cathcart Drive Director Nielsen stated Brent Hislop, Synergy Land Company, LLC, has arranged to purchase approximately 5.3 acres of land located between Cathcart Drive and Strawberry Lane, just north of the Hennepin County Regional Rail Authority (HCRRA) right-of--way. Mr. Hislop proposes to subdivide the property into two parcels. The parcel fronting on Cathcart Drive will be approximately one acre in size, and the parcel fronting on Strawberry Lane will be over four acres in size. Mr. Hislop's plan is to sell the parcel fronting on Cathcart Drive and to build his own house on the larger parcel, which could be resubdivided at a later date. Nielsen explained the property is zoned R-lA, Single-Family Residential, which requires lots to be at least 40,000 square feet in area. The proposed lots range in size fi-om 40,638 square feet in area to 60,475 square feet in area. The land is relatively flat and substantially wooded. According to the Minnehaha Creek Watershed District, there are no wetlands on the subject property. With regard to the analysis of the case, Nielsen stated the proposed division is somewhat similar to the Petron Rearrangement approved earlier this year, except in this case a new building site is being created as a result of the division. Nielsen explained the City's Zoning Code requires when properties capable of additional development are subdivided, the applicant must provide a resubdivision sketch, or "ghost plat" demonstl•ating how the remainder of the property can be developed in the future, in accordance with Subdivision and Zoning Codes. It is not necessary to develop the property as illustrated in the sketch; this sketch will be incorporated into a development agreement as a ~uiide for when the property ultimately develops. The applicant has submitted a plan that will accommodate the future development of the site, The two initial lots and the proposed fiiturc lots all moot or exceed R-lA zoning requirements. One item that should be coz7-ected is the lot line between future lots 3 and 4; straightening this line will not adversely affect Lot 4. All proposed lots have ample buildable area, This was illustrated on applicant's preliminary utility plan and preliminary grading plan, which show proposed utilities and grading, respectively, as well as building setbacks. Nielsen stated most of the issues associated with this plat had to do with engineering. The City Engineer has addressed these under separate cover in a report dated November 13, 2008. Nielsen thought most, if not all, issues had been addressed. He stated some of the issues had to do with drainage. The Engineer was concerned that what little flow of drainage there is across the property might be interrupted by the proposed street alignment or driveway alignment. Even though the cul-de-sac street will not be constructed until the larger property is subdivided, there will be a driveway put in for this subdivision. A series of culverts with be installed to insure water can move freely as it does today. Nielsen noted the developer had originally considered extending City water to the site, but the cost of doing so became prohibitive. He explained the City's development regulations require that a development capable of three or more lots must install City water if the cost does not exceed $10,000 per lot. In this case, the estimates prepared by the applicant's engineer suggest nearly twice that amount. Therefore, the two proposed lots will be served by private wells. This may change in the future since SIIOREV~'OO1) CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 14 of 19 there is land south of the HCRR.A LRT Trail capable of development. This would extend the water main closer to the subject property, increasing the feasibility of extension later on. Nielsen explained the applicant proposes connecting the two proposed lots to sanitary sewer. He explained the City's sanitary sewer main does not come all the way to the proposed property fronting on Cathcart drive. Therefore, the main will have to be extended from its nearest location to the property. The sewer line for the property fronting Strawberry Lane will come in on the proposed road alignment which will also be the future driveway alignment. Nielsen stated the applicant shows drainage and utility easements for all lots, including the ones that will be required as part of this proposal. Nielsen explained if the larger lot were to be subdivided and further developed, the applicant's subdivision sketch illustrates an option for installing a pond on the north side of the property. He noted that would require cooperation of the property owner to the north. He conmlented the property owner to the north wants to make sure there is enough water to keep that pond filed, He stated the sketch also illustrates a second option for a pond that would be located entirely on the applicant's property. He explained if any draintile is disrupted during construction or development it would have to be maintained. Nielsen noted the two-lot plat will require payment of part: dedication lees ($5000 per lot) and local sanitary sewer extension charges ($1200 per lot). The development of the future lots will be subject to the charges in effect at the time they are platted, The applicant has to submit a final plat within six months of receiving approval from Council to divide the lot. Nielsen then explained the resubdivision sketch shows the future lots being accessed by a cul-de-sac street extending westward from Stra~~~bcrry Lane. ~fhe proposed location of the street is based upon soil tests of the property, which indicate deeper levels oC organic soil on the northerly portion of the site. Placing the street on the southerly portion of the site, results in considerably less site alteration (grading and tree removal) than a northerly alignntcnt. He noted the development agreement will discuss tree preservation, and a tree prescrvati~n plan will have to be submitted as part of the building pernut process. Nielsen stated Staff recommends the preliminary plat be approved. This approval is contingent upon the applicant entering into a development agreement as part of the final plat process, stipulating that any future development of the property will include the installation of all site improvements, including street, utilities and storm water drainage facilities. Mr. Hislop was present to answer any questions. He stated Director Nielsen did a very thorough job of explaining the proposal. He commented he worked closely with Nielsen and Engineer Landini. He noted that the two-lot subdivision and the potential four-lot subdivision would meet City Code requirements. He clarified the existing parcel of land is approximately 6.5 acres in size. Approximately one-tenth of an acre will granted to both Cathcart Drive and Strawberry Lane. The smaller parcel of land will be approximately one acre in size and the larger parcel will be approximately 5.3 acres in size. Wellens moved, Turgeon seconded, approving the preliminary plat for atwo-lot subdivision for Brent Hislop for the property located between Cathcart Drive and Strawberry Lane just north of the Hennepin County Regional Rail Authority right-of--way subject to Staff's conditions. Motion passed 5/0. 9. GENERAL/NEW BUSINESS SII®REW®®D CITY COUNCIL REGULAR MEETING MINUTES 1l~ovenlber 24, 2008 Page 15 of 19 A. Hennepin County Levy Discussion Administrator Heck stated Councilmember Woodruff has been in contact with Hennepin County Commissioner Koblick's staff regarding Hennepin County's proposed tax levy for 2009. He then stated he had forwarded the Councilmembers via email information Woodruff had put together. He went on to state Woodruff has drafted a letter presenting Council's position on the levy that he wanted to discuss with Council. Councilmember Woodruff explained Conunissioner Koblick contacted Council several months ago regarding the Hennepin County Housing & Redevelopment Authority (HCHRA) new separate property tax levy being proposed for 2009. It is his understanding that in the past the County has not had the authority from the State to do a tax levy for the HRA except for four cities located within the County. Earlier in 2008 the State Legislature was asked to give the County authority to actually levy a property tax on all cities within the County for the purpose of funding the HRA; the Legislature granted that request. The County is proposing to impose that levy in 2009 in the amount of $1.3 million. That amount is the same as the amount of funding the HRA received in 2008; therefore, the levy in itself is not increasing property taxes, He stated that after having discussions with Commissioner Koblick and some of her staff, it is his understanding that this separate levy authority could reach up to $23 million in addition to Hennepin County's general fund levy. Councilmember Woodruff stated he drafted a letter to the I Iennepiii County Commissioners about tlus separate property tax levy. He stated the timing of sending the letter is important because the Hennepin County Commission will finalize its budget in the next two weeks. Woodrul'f~read his draft letter to the Councih Woodruff moved, Bailey seconded, approving the issuance of Woodruff's draft letter to the Hennepin County Commissioners regarding the lienucpin County Housing & Redevelopment Authority (HCHRA) new separate propert~~ tax levy being proposed for 2009. Councilmember Bailey stated creating a separate tax structure makes it difficult for taxpayers to understand the total tax levy by a j urisdiction. Councilmember Wellens etpressal concern about Council getting outside of its duties by expressing commentaries on other agencies. Taking this action could open the door to Council commenting on things such as abortion, gun control, and so forth. Mayor Lizee stated she did not think it was appropriate to speak for all of the City's residents without there being a presentation on the topic. She noted Councilmember Woodruff had done research on the topic. She stated it was not something Council needed to support by resolution. Councilmember Woodruff stated he could appreciate some Councilmembers' reluctance to issuing the letter, but Councilmember Koblick did ask the City to comment on the proposed tax levy. Motion passed 4/1 with Lizee dissenting. B. Authorize Sale of Tax-Forfeited Land to Adjoining Landowners Administrator Heck stated at its November 10, 2008, meeting Council discussed how to dispose of a tax forfeited parcel of land located on the west side of Howard's Point Road, between the lots located at 5440 and 5460 Howard's Point Road. At that meeting Council directed Staff to explore options for SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 16 of 19 establishing a price for the tax forfeited parcel; researching what the delinquent taxes, assessments and fees are; and whether or not the City would be responsible to pay those items if it acquired the property. Heck reviewed the information he received from Hennepin County Tax Services, as provided in his staff memorandum. He also noted for the period 1996-2008, there is approximately $8,000 due for delinquent taxes, fees and penalties; and if the City were to acquire the land and designate the land for public use there would be no cost to the City. Heck stated Staff continues to reconunend the parcel be approved for auction to abutting land owners. Staff does not think there is a public purpose for this parcel; the parcel is unbuildable and the parcel would benefit either adjacent property owner as both of those properties are non-conforming. He noted a resolution to this affect was included in the meeting packet for Council's consideration. Director Nielsen stated the Park Commission expressed interest in having the City acquire the land. The Commission thought it could be used for things such as placing a canoe rack on it or a fishing dock on the Lakeshore, He explained with 50-foot setbacks from the Lakeshore and the street and with side setbacks that almost touch, there is no buildable area on the lot for either structures or parking. He noted that in the past the City did assist the previous property owner in blocking access to the property because snowmobilers and ice fisherpersons were using the property to access Lake Minnetonka from Howard's Point Road. The City also posted the Road no parking based on resident complaints. Mayor Lizee stated she remembered having discussions about this property when she was on the Planning Commission. The property does have Lakeshore «~hich makes it valuable, but she questioned if it would be wise to take it of the City's tax rolls. The lot is not buildable, there is no parking and lake access is deemed dangerous in the winter. Turgeon moved, Woodruff seconded, adopting RESOLUTION NO. 08-085, "A Resolution Concerning a Certain Tax-Forfeited Parcel L~~ing Within the City and Approving it for Sale to an Abutting Owner." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Illicit Discharge Ordinance Discussion 2nd Draft Director Brown stated the meeting packet contained a copy of the second draft of the City's Illicit Discharge Ordinance. This draft ordinance is based off a model ordinance and modified by Councilmember Wellens and Staff. Staff added concrete washout to the list of pollutants and the appeal timeframe was reduced to ten days to be consistent with Zoning Violation Appeals. Brown explained that as part of the Storm Water Pollution Prevention Plan (SWPPP) for the City the Illicit Discharge Ordinance was listed for adoption by December 31, 2008. Council first reviewed the model ordinance on October 13, 2008. He stated some examples of illicit discharges are dumping oil or paint in a catch basin, having a septic field drain to a roadside ditch, etc. He then stated it was his understanding Engineer Landini had reviewed the second draft of the Ordinance with the City Attorney and the Attorney's comments have been incorporated. Brown stated Engineer Landini recommends Council discuss this draft of the Ordinance. Staff will revise the Ordinance to include Council's comments and present the final ordinance to`Council at its December 8t'' meeting for adoption. SHOREWOOD CITY COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 17 of~ 19 Administrator Heck clarified the second draft of the Ordinance has not been reviewed by the City Attorney. Any Council comments will be incorporated into the Ordinance before it is given to the City Attorney for review and comment, Councilmember Wellens stated he removed approximate two-thirds of what was contained in the first draft of the Ordinance. The second draft is his attempt at drafting an ordinance; therefore, he is sure the second draft will need quite a bit of review. Councilmember Woodruff explained he will withhold comment until the City Attorney's revisions have been incorporated into the next draft of the Ordinance. Some of the language modifications he would recommend may be identified by the City Attorney. Councilmember Turgeon stated she would delay her comments until after the Ordinance has been reviewed and revised by the City Attorney. Councilmember Bailey questioned if the wording of some of the provisions in the Ordinance will be refined. Administrator Heck stated they would be modified. Councilmember Bailey questioned if the draft Ordinance will help the City implement and enforce a program to detect and eliminate illicit discharges into the Citv's storm sewer system. Director Brown stated it will be one more tool to help with that, noting that illicit discharges are a large problem. Bailey questioned if Councilmember Wellens removed anything from the draft ordinance that would be necessary to include in order to enforce the intent of the Ordinance. Brown stated he did not think so. Wellens moved, Woodruff seconded, directing Staff to have the City Attorney review and comment on the draft of the City's Illicit Discharge Ordinance, and to present the final Ordinance to Council at its December 8, 2008, meeting. Motion passed ~/0. B. Awarding the 2008 Sanitary Sewer Jet Vacuum Cleaning This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff questioned i C the Sanitary Sewer Jet Vacuum Cleaning, Main Line Televising, Structure Inspection, Lateral hnspection and Internal Chemical Grouting Project will be done in 2008 as stated in the memorandum from Staff or will it be done in 2009. Director Brown explained the planning part of the project will start in 200 and the majority of the project will be done in 2009. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 08-081, "A Resolution Accepting Quote and Awarding Contract for 2008 Sanitary Sewer Jet Vacuum Cleaning, Main Line Televising, Structure Inspection, Lateral Inspection and Internal Chemical Grouting Project." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff City Hall Construction Update Administrator Heck provided an updated on the City Hall renovation. At the November 25, 2008, project meeting there will be discussion about the HVAC system. Plastic is up on the interior walls; therefore the area can be heated and block work can begin. The sidewalk and patch asphalt are done. The project cost is still tracking on budget. The color for the decking material has been selected. The Architect has recommended a change in the exterior paint color, but Heck did not have time to get color samples for SIIGRE~VO®D CITY C®UNCIL REGULAR MEETING MINUTES November 24, 2008 Page ltl of 19 this evening's meeting. In response to a question from Councilmember Woodruff, Director Brown stated the siding will be painted on site there for delaying a decision on paint color will no impact the project schedule. 2. Ron Johnson Easement Update Administrator Heck stated he had been requested to provide an update on the situation regarding Ron Johnson's ciaim that the City does not have an easement for drainage on his property. He stated he prepared a summary memorandum dated November 24, 2008, for Council highlighting the history of the claim. Specifically, the City does have and maintain an easement. This easement was ordered by the court in 1993 and it was perfected in 1994 on an order by Judge Allen Oleisky. The ongoing disagreement has been the original court ordered stated the easement would be at the elevation of 914 feet and the area was approximately 300 feet to the northeast of the southwest corner of the property line. When the City went to have the have the easement perfected it was determined by Mr. Johnson that the 914-foot elevation actually extended 1,350 feet to the northeast of the southwest conger of the property. Mr. Johnson filed a motion for contempt against the City in 1995; he believed the City had not acquired the property to the 914-foot elevation. It was at this time the original land surveyor and another independent land surveyor reviewed Mr. Johnson's survey and they stated the ground had been altered between June 21, 1993, and the time the easement was perfected such that the 914-toot elevation was extended approximately 800 feet in a northeasterly direction across Mr. Johnson's property. The judge denied Mr. Johnson's motion for contempt and stated the 914-foot elevation was located ~a~here it was determined to be in June 1993. Administrator Heck stated that from his vantage point the issue of the easement is over. Mayor Lizee asked Administrator Heek how much time he has spent on this issue in his short tenure with the City, Heck stated, he spent approximately two -three days reading materials; that time does not include all of the back-and-forth emails ~a~ith Mr. Johnson. 3. «'ater Tower Report Director Brown stated the SE nrca Water Tower renovation has been completed, and it is currently in a "cure" state. Council expressed its pleasure with the look of the tower. 4. Comprehensive Plan Schedule Director Nielsen stated the Planning Commission discussed revisions to the Transportation Chapter of the Comprehensive Plan at its November 18, 2008, meeting. It was the last of the four Chapters the Commission had to discuss, and it is essentially done with its draft. He stated the City was granted an extension from the Metropolitan Council for submitting its updated plan; the new date for submission is no later than May 29, 2009. He explained the Commission's version of the Plan will be electronically distributed to the Council, surrounding communities and affected agencies on November 28, 2008. The Commission's revisions will be reviewed with Council during work sessions held in the next few months. Staff will review the corrnnents it receives from all parties to determine if any further revisions need to be made to the Plan. The updated Plan has to be adopted by Council no later than its last meeting in May 2009. Councilmember Bailey asked if Staff is planning to prepare a summary of the changes. Director Nielsen explained in the draft Plan that Council receives the changes will be marked. Bailey requested a brief summary of the changes be prepared by Staff. SIIOREWOOD CIT4' COUNCIL REGULAR MEETING MINUTES November 24, 2008 Page 19 of 19 B. Mayor & City Council Councilmember Woodruff stated he attended a Lake Minnetonka Conservation District (LMCD) meeting one week ago at which there was a report on the three-bay Eurasian watermilfoil treatment project. The report was similar as the report given earlier by Mr. Osgood. He noted there was an Aquatic Invasive Species Committee within the LMCD, and there is a tentative meeting of that Committee scheduled for 8:30 A.M. on December Sty'; he plans on attending that meeting. Councilmember Wellens stated he attended an Excelsior Fire District Board Meeting on November 19, 2009. There was discussion about the current policy regarding the Excelsior Firefighters Relief Association's authorization to ask for a benefit increase if the funding level of its Pension Fund reached 110 percent or more the previous year. The Operating Committee discussed modifying the policy to require the funding level would have to be at a minimum of 110 percent for at least two, if not three, consecutive years. The Board will discuss about that idea. Wellens then stated he assumed the reason the City's insurance costs were reduced is fewer accidents; he congratulated Staff. He also congratulated Director Burton for again being awarded the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending December 31, 2007. Mayor Lizee stated she attended the Emergency Prcparcdnc'ss Seminar for residents hosted by the Excelsior Fire Department, the South Lake Minnetonka I'olicc Department and the South Tonka League of Women Voters on November 15t~'. She also attended a South Lake Minnetonka Police Department Coordinating Committee meeting held on November lb, 200b. She noted it was the Committee's final meeting in 2008. At the meeting it was discussed that at the SLMPD Operating Committee meeting the Conunittee agreed that Administrator Neck would be an observer during union contract negotiations and would participate in caucuses with C'hicf Litscy on the negotiations. The topic of a speed advisory trailer was also discussed at Coordinating Committee meeting. The other SLMPD member cities discussed wanting to share in the cost and use of the trailer. The SLMPD has been responsible for housing the City- owned trailer, taking requests for using the trailer, scheduling the use of the trailer, transporting the trailer to and from the setup location, and maintaining usage statistics; that trailer is no longer functional. She noted there was an E~ccutive Session held after the Coordinating Committee meeting to review Chief Litsey's performance evaluation ~~~ith him. 12. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Regular Meeting of November 24, 2008, at 9:58 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, DECEMBER 1, 2008 MINUTES 1. CONVENE CITY COUNCIL SPECIAL MEETING 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 7:00 P.M. Mayor Lizee called the meeting to order at 7:03 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, and Woodruff; City Administrator Heck; Finance Director Bu--ton; Director of Public Works Brown; and Engineer Landini Absent: Councilmember Wellens B. Review Agenda Mayor Lizee requested approval of check #47539 to the Sensible Land Use Coalition for an amount of $215 be discussed under Item 4, Other. Woodruff moved, Turgeon seconded, approving the agenda as amended. Motion passed 4/0. TRUTH IN TAXATION PUBLIC HEARING A. Staff Presentation Councilmember Bailey suggested that because there was no one present in the audience for the Public Hearing, Staff forego giving a formal ?009 Budget Presentation. He requested a copy of the Presentation be entered into the public record. I Ie noted Council has a thorough understanding of the City's 2009 General Fund and Enterprise Funds Budgets because of the numerous budget discussions it has had. Bailey moved, Woodruff seconded, approving a copy of the 2009 Budget Presentation be entered into public record and that Staff forego giving a formal presentation at this meeting. Motion passed 4/0. Councilmember Woodruff made the following clarifications. The 2009 budget for police services reflects the costs for South Lake Minnetonka Police Department to provide animal control services; this change was implemented in 2008. With regard to the budget for fire services, he explained it actually reflects a reduction in the debt service payment for the Excelsior Fire District (EFD) public safety facility; the EFD operating budget was not cut. Director Burton asked Council if there were any fi-rther questions or comments with regard to the 2009 budgets. In response to a question from Councilmember Turgeon, Director Burton explained that all the changes discussed at the November 24, 2008, Council work session regarding the 2009 General Fund Budget have been incorporated into the Budget presented this evening. #ZD SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December I, 2008 Page 2 of 3 B. Public Hearing Seeing no residents present at the Public Hearing this evening, Mayor Lizee opened and closed the Public Hearing at 7:06 P.M. C. Council Deliberation/Decision to Reconvene Turgeon moved, Woodruff seconded, there is no need to reconvene the Public Hearing on the 2009 Budgets on December 8, 2008. Motion passed 4/0. 3. CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT DISCUSSION Administrator Heck stated he would have Directors Burton and Brown address this Capital Improvement Program (CIP) item as they had worked very hard on the CIP. Director Burton stated Council had the ability to review and discuss~~ various components of the CIP at different times throughout 2009 budget discussions. The CIP prepared is for 2008 - 2012 and it lists all the capital projects currently planned for that time frame. She asked Council if it had any comments or changes, in particular for 2009. She noted this document ~a~ill be presented to Comlcil for approval at its December 8"' meeting. In response to a question from Councilmember Turgeon; Director Brown affirmed the $10,000 in the Equipment Replacement Fund for a speed awareness display was sufficient to cover the cost of the unit plus taxes and shipping. Director Brown explained that over the years he has attempted to increase the useful life of equipment. For example, the service life for dump trucks increased to I S years from I O years, noting the current cost for those trucks is $150,000 - $175,000. "1'he City purchased a used water truck and a used fetter. Because of things such as that, the Fund is able to cover occasional minor cost overages for purchases. Councilmember Turgeon stated because of the financial troubles for the three large U.S.~automakers, the City may be able to pui•chasc nc~,v trucks now for a very reasonable price. If the City was in need of replacing a pickup truck (e.g., a I~ ord L8000 or L9000) it may be prudent for Staff to research the cost of replacing that type of vehicle in the near future and adjust the equipment replacement schedule. She commented she did not think the pricing and/or financing for those types of vehicles was going to get much lower. Councilmember Woodruff stated with regard to the Equipment Replacement Fund he suggested all of the planned replacements not be done in the first half of 2009, but to wait and see how the City's tax collection goes. Director Brown stated it takes Staff time and effort to make an equipment purchase; historically those purchases are made later in tl~e budget year because of other demands on Staff's time. Brown noted he hoped to have an equipment purchase recommendation ready for Council consideration at its December 8`~' meeting. Director Brown stated most of the City's equipment purchases are made through State contracts; those prices are substantially less than retail prices. Councilmember Woodruff questioned if Staff really believed the Park Commission would be able to complete all of the parks projects listed in the CIP for 2009 for a total cost of $1.47,000. Director Brown stated that although the project list is aggressive, Staff heard from both the Council and the Park Commission that they wanted to make improvements to the City's parks. SHOREWOOD CITY COUNCIL SPECIAL MEETING MINUTES December 1, 2008 Page 3 of 3 Councilmember Bailey stated the Enterprise Budget reports show beginning cash balances, revenues, expenditures and ending cash balances. He requested Council be provided that same information for the CIP. Director Burton stated that CIP reports will show that information. Bailey stated that when a project is considered for approval it would be prudent for Council and Staff to review CIP financial information. Director Brown stated when preparing a 20-year capital improvement plan he heeded Council's suggestion and attempted to minimize significant fluctuations in expenditures from year to year. Councilmember Woodruff commented it is much easier to budget and levy taxes when expenditures are relatively consistent from year to year. Director Burton stated if a project is identified as extremely important, there is usually a way to adjust project timelines so that particular project can be funded. Councilmember Bailey stated his two areas of funding concerns related to equipment replacement and local street reconstruction and maintenance: he was comfortable with having an expenditure placeholder for the Lake Mary Outlet Project if it was not a commitment to do that project. He wanted to have significantly more discussion about that project. Director Burton stated each project in the CIP will be discussed with Council prior to it being presented to Council fot• ~©nsideration. Bailey cautioned that sometimes an expenditure placeholder becomes interpreted as a commitment to do a project. Council directed Staff to include the 2008 - 2012 Capital Improvement Program on the December 8, 2008, Council meeting agenda for approval. 4. OTHER Mayor Lizee requested approval of check #47539 to the. Sensible Land Use Coalition for an amount of $215 for Director Nielsen to attend the Sensible band Use Coalition program titled Twin Cities Housing 2008 Report 2009 Outlook scheduled for December 10, 2008. Bailey moved, Woodruff seconded, approving check #47539 to the Sensible Land Use Coalition for an amount of $215. Motion passed a/0. 5. ADJOURN Turgeon moved, Bailey seconded, Adjourning the City Council Special Meeting of December 1, 2008, at 7:18 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk PAYABLES APPROVALS For 12/08/2008 Council Meeting ~, ~. Prepared by: -~ Date: Michelle T. Nguye Sr. Accounting Clerk r ~' a Reviewed by: - ~..„~ ;,,~ ~~s _ Date: Bonnie Burton, Finance Director Approved by: ty Administrator Date: ~~A PAYROLL APPROVALS For 12/08/2008 Council Meeting °'1 E ,. Prepared by: g ~ ~ Date: ~ - _ Michelle T. Nguyen, Sr. Accounting Clerk Reviewed by: - ~-°' Date: ~ Bonnie Burton, Finance Director (I'1V C)F SHG_iEWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: December 4, 2008 SUBJECT: Second December Meeting The Council is scheduled to hold meetings on the first and fourth Monday of each month. Traditionally, the council only holds one meeting in December unless a need arises for the processing of claims. Staff is recommending keeping with tradition and not having a second meeting in December. .s , ~®pe PRINTED ON RECYCLED PAPER ~,. u ~. Tr 5755 COUNTRY CLUB ROAD ~ SHOREWOOD, MINNESOTA 55331-8927 ®(952} 474-3236 FAX (952) 474-0128 ®www.ci.shorewoad.mn.us ®cifyhall~ci.shorewood.mn.us MEMORANDUM TO: Mayor and. City Council Brian Heck, City Administrator PROM: James Landini, City Engineer -- DATE: December 04, 2008 RE: Setting Date for Public Information Meeting Related to Storm Water Pollution Prevention Program As part of the federal Clean Water Act, the City of Shorewood is required to obtain a National. Pollutant Discharge Elinunation System (NPDES) permit. This permit was originally obtained in March, 2003. The public education and outreach requirement of the permit requires an annual public meeting be held to discuss the Storm Water Pollution Prevention Program. Staff is recormmending that this meetilig be held February 9, 2009 at 7 PM, as part of the regular City Council meeting. Staff recolmnends approval to accept this date and time for the Public Infoinlational Meeting. ~®~® PRINTED ON RECYCLED PAPER ~~,, `?~ ~"~ ~ ; ~'.~ .. a . ~ n. DATE: December 4, 2008. TO: Mayor and City Council Members ~ ~°~°,,~ FROM: Jean Panchyshyn, Deputy Clerk ~~'' CC: Brian Heck, City Administrator/Clerk RE: 2009 License Renewals for Refuse Haulers, Tree Trimmers and Massage Therapists For Council information, the attached list of Garbage Hauler, Tree Trimmer and Therapeutic Massage license requests have been received at the City and reviewed for completeness. As all license fees and requirements have been rr,~et, licenses have been issued to the Licensees listed. ~3D ®~ j®~® PRINTED ON RECYCLED PAPER City of Shorewood - 2009 License Approvals City License No. Licensee Address City TREE TRIMMER LICENSES 09-02 Vanderkloot Inc. DBA 6501 County Rd 15 Mound Amberwood Tree Service 09-03 Viking Land Tree Care, Inc. 716 Northwood Drive Delano 09-04 Ostvig Tree Inc. Suite 311, 1161 E. Wayzata Wayzata Blvd. 09-OS Treecare, Inc. P.O. Box 358 Shorewood 09-06 The Davey Tree Expert 1500 N. Mantua St. Kent, OH Company P.O. Box 5193 09-07 Landbergs Tree Service 715 Nelson Rd Maple Plain 09-08 John Duff Tree Trimming 7295 Lee St. Loretto 09-09 Rainbow Tree Co. 2239 Edgewood Ave S St. Louis Park 09-19 Majestic Tree Care, Inc. 4247 Queen Ave. N. Minneapolis 09-21 Schmidt's 4 Season Service 2700 Chesmar Farm Rd Excelsior GARBAGE HA ULER LICENSES 09-01 Blackowiak Disposal Inc. 1195 Sunnyfield Rd. N Mound 09-10 Ray Anderson and Sons 930 Duluth Street St. Paul Co's. 09-11 Randy's Sanitation, Inc. 4351 U.S. Highway 12 SE Delano 09-12 Thaemert Custom Work 953 Park Ave, PO B ox 37 Hamburg Disposal / TCW Disposal 09-13 Veit Container Corp. 14000 Veit Place Rogers 09-14 Haugen's Haulers, Inc. 7386 - 31St St. SE Buffalo 09-15 Blackowiak & Son, Inc. 1195 Sunnyfield Rd. N Mound Roll-off Service 09-20 Allied Waste Services of 9813 Flying Cloud Drive Eden Prairie North America THERAPEUTIC M ASSAGE LICENSI±;S 09-16 Maggie's Lake Area 4828 Rustic Way Shorewood Massage Therapies 09-17 Joan L. Rousar, CMT 5585 Shorewood Lane Shorewood 09-18 Catherine M. Fogarty 19285 State Hwy. 7, Ste. 4 Shorewood '~J ~ ~°~ fi _~. ~a 5755 COUNTRY CLUB ROAD ®SHOREWOOD, fU11NNESOTA 55331-8927 ~ (952) 474-3236 FAX (952) 474-0128 a ~.~ww.ci.shorewood.mn.us ~ cityhall@ci.shorewood.mn.us MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: Larry Brown, Director of Public Works DATE: December 3, 2008 RE: Authorization for Expenditure of Funds -Public Works, 800 MHz Radios Many federal, state, county and local agencies commenced, several years ago, with a communications change to the 800 MHz radio system. This system allows "interoperability" between agencies. Simply put, each agency will have the ability to communicate with each other through a digital radio network. The South Lake Minnetonka Police Department (SLMPD) and the Excelsior Fire District (EFD), in addition to several of the lake area communities, have already their changed their entire means of radio communications to the 800 MHz system. Hennepin and Carver Counties also use this system and operate and maintain the backbone of the system for the South Lake Area. Currently, the Shorewood Department of Public Works has three 800 MHz portable radios. The main backbone of communications for the department remains to be seventeen mobile (vehicle mounted) VHF radios, two portable radios and one base station located at the Shorewood Public Works Facility. These radios are not able to communicate with the 800 MHz system. The 800 MHz radios have proven to be a critical asset to the Department. Public Works staff routinely uses this link to communicate with personnel from SLMPD and EFD. During emergencies and storm events this system has proven to be a critical tool. Staff has reviewed the costs of performing a complete switch out of the public works radio system to the 800 MHz backbone. Due to the high cost of each mobile and base radio units, total costs would approach $65,000 - $75,000 to complete an entire change out of the VHF .system. This cost does not seem practical. As an alternative, staff has recommended that the public works build the total compliment of five, 800 MHz portable units and one base unit. This would provide an adequate communications link between command staff and field personnel. As mentioned earlier, the Public Works Department currently has three such radios. ®~ ~®~® PRINTED ON RECYCLED PAPER Mayor and City Council Authorization of Funds for 800 Mhz Radios December 3, 2008 Page 2 of 3 Staff is requesting authorization for an amount not to exceed $6,500 from the 2008 Operating Budget for Public Worlcs. The 2008 Operating Budget includes a planned expenditure of $7000 for the purchase of two 800 MHz radios. Under the current system, municipalities are to purchase actual radio equipment from the County, as the County administers the network and extends the state contract pricing to each municipality or agency. Any accessories, such as spare batteries, chargers or speaker microphones may be obtained via the county, but with a ten percent markup from state contract pricing. Thus, staff priced any accessory item directly from outside vendors for a lower cost. Table 1 below indicates the various costs proposed. F ui ment Purchased from flc~u~e yin Count Q.uantit ~ Unit Cost Amount 800 MHz Portable Radio 2 $1,069.50 $2,139.00 Programming of the Radio for Metro Package 2 $1,155.75 $2,311.50 3 Year Warranty 2 $67.00 $134.00 Subtotal Radios $4,584.50 Equipment From Other Veiadors Quantity Unit C~~st Amount Spare Battery 750 MaH 2 $120.70 $241.40 External Speaker Microphone 2 $74.16 $148.32 Ear Piece 2 $60.00 $120.00 6 Unit Battery Charger 1 $669.80 $669.80 Subtotal Accessories $1,179.52 Total Radios and Accessories _ $5,764.02 Shipping (Estimated) $200.00 Taxes $411.52 Grand Total $6,375.54 Table 1 The good news is that waiting to the end of the year to purchase these systems has a potential reward. While the majority of police and fire departments have received various grants and funding opportunities to obtain their systems, the field of public works has not been offered such opportunities. Attachment 1 to this memorandum is a new grant notice that has been offered by the Metropolitan Emergency Services Board (MESB) for public works departments. This grant is a reimbursement grant with a local match requirement. Recipients of the grant must expend the dollars and submit for an 80 percent reimbursement to the MESB. If approved, this would decrease the cost of such systems to $1,300, (if all costs incurred including accessories) are granted. Under any scenario, this will be a discount for the City. Mayor and City Council Authorization of Funds for 800 Mhz Radios December 3, 2008 Page 3 of 3 Staff has been in contact with the Cities of Excelsior and Tonka Bay to determine if a joint application may be possible to increase the "advancement of interoperability," as outlined by the grant. Depending on which municipalities jump on board, the grant will be submitted as a joint grant, with each municipality outlining their needs; or as a single applicant, as the City of Shorewood, if the other cites do not have the necessary matching funds available, or choose not to participate. It should also be mentioned that an ongoing fee is charged per radio that gets paid to Hennepin County. This fee is required for signing onto the network that is maintained by Hennepin County, in Shorewood's case. This fee is $14.32 per month, per radio. If this expenditure is approved, this will be charged to the communications portion of the operating budget for public works. At five units, this equates to $ 859.20 per year, to have access to the network, in addition to maintenance of the radios. Recommendation Staff is recommending approval of an authorization for expenditure of funds for purchase of two portable 800 MHz radios and accessories, not to exceed $6,500 as outlined above and that application be made for the grant offered by the Metropolitan Emergency Services Board for reimbursement of a portion of the expenses. ~~,~¢oPO~~rq~ .r. "' D 3 ~. Q ~~ ~° ~hcr sERV~G~g November 14, 2008 _~ _ _~ Deaz Metropolitan .Area Public SafetylPublic Service Agency: METROPOLITAN EMERGENCY SERVICES BOARD 2099 UNIVERSITY AVENUE WEST SUITE 201 SAINT PAUL, MINNESOTA 55 1 04-343 1 PHONE 651 -643-8395 FAX 65 1 -603-01 O 1 WWW.MN-M ES B.ORG The Metropolitan Emergency Services Board (MESB) applied for and has been approved to receive funds from the Minnesota Department of Public Safety (DPS) under the Public Safety Interoperable Communications (PSIC) grant program. The PSIC funds area one- time grant opportunity from the U.S. Department of Commerce. The MESB, on behalf of the metropolitan region, has received $1,151,457 for ARMER subscriber equipment (portables, mobiles and RF control stations). This equipment to be purchased must be listed on the Statewide Radio Board's approved equipment list. The PSIC grant program requires that needs of tribal governments and non-governmental public safety agencies be considered, as well as those of local units of government within the region. Eligible agencies include. law enforcement, fire, EMS, emergency management, and public works agencies. The MESB will be accepting grant applications for these funds from jurisdictions within the nine county metropolitan region (seven metropolitan counties, plus Chisago and Isanti Counties). This is a reimbursement grant and there is a local match requirement for these funds. This is a one-time only grant program which expires on September 30, 2010. There will be no extensions. DPS has established the following rules for the use of these funds: • The MESB must certify that funds have been allocated and that local units of government, tribal governments and/or non-governmental public safety agencies have committed funds (encumbered or specifically budgeted) for the required match by December 31, 2009. • Invoices for the funds allocated to the MESB must be submitted to DPS-HSEM for reimbursement by June 30, 2010. , • On each date, if the requirements are not met for any portion of the allocated funds to the region, that portion of the funds will be reallocated to other regions which can utilize the funds by September 30, 2010. MEMBERS: ANOKA CARVER • DAKOTA • HENNEPIN RAMSEY SCOTT WASHINGTON • CITY OF MINNEAPOLIS ATTACHMENT 1 Sub-grantees must fully expend both the 80% grant and 20% local match before. they can submit invoices to the MESB for reimbursement. The MESB will then submit the reimbursement request to DPS-HSEM. The MESB has established a process and requirements for how it will sub-grant these funds. Agencies may submit applications demonstratin tg he equipment needed and how it will be used, how the equipment will benefit the agency and how it will advance interoperability in the metropolitan re ion. Applications will be due by 4:00 p.m. on Friday, December 19, 2008. Priority will be given to applications which advance interoperability with public works agencies, due to limited grant opportunities available for public works entities. - -- -Applications will bg evaluuated by MESB Board 1Vl~mbers, metropolitan regimen ARMER _ -- users, technicians, and system managers. Funds will be awarded based on the strength of the application. Sub-grantees will be notified via letter of their award. If agencies are granted funds, they will be responsible for the 20% local match, plus any costs which may be associated with end-user training, and any subscriber software costs associated with the ARMER system. Once funds are granted, sub-grantees must sign a Memorandum of Understanding with the MESB. For the reimbursement process, agencies must submit a letter of request for reimbursement with copies of appropriate vendor invoices and proof that the invoices have been paid to Jill Rohret, Regional Radio Services Coordinator for the MESB. Any questions about the grant application or the process should be directed to Jill Rohret at (651) 643-8394 or irohret~mn-mesb.org. Applications must be submitted to Ms. Rohret by 4:00 p.m. on December 19, 2008. Thank you for your time and consideration. Sincerely, ~' ~' Tony Bennett Chair, Metropolitan Emergency Services Board Ramsey County Commissioner CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF PETRON 2ND ADDITION WHEREAS, the final plat of PETRON 2ND ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: I. The plat of PETRON 2ND ADDITION, illustrated on Exhibit A, attached hereto and made a part hereof, is hereby approved. 2. The approval is specifically conditioned upon the following: a. .Resubdivision. As indicated in the Resubdivision Sketch for PETRON 2ND ADDITION, attached hereto as Exhibit B and made a part hereof, Lot 1 is capable of being subdivided into five lots. Any such future subdivision shall be done by a formal platting process, using the Resubdivision Sketch as a guide. b. Driveway Easement. The Developer shall record with the Hemlepin County Recorder, a driveway easement and maintenance agreement as shown on Exhibit C, attached hereto and made a part hereof, for the portion of the private driveway to be shared between Lots 1 and 2. c. Conservation Easement. The Developer shall record with the Hemlepin County Recorder, a conservation easement as shown. on Exhibit D, attached hereto and made a part hereof. d. Park and Sewer Charles. Since no new lots are being created at this time, there are no park dedication fees or local sanitary sewer access charges imposed with this plat. Park dedication fees and local sanitary sewer charges will be paid at such time as the property is replatted, at the rates in effect at the time the property is replatted. 3. The Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat on behalf of the City Council. ~~ 4. This final plat, together with this Resolution, the Driveway Easement and Maintenance Agreement shown on Exhibit C, and the Conservation Easement shown on Exhibit D, shall be filed and recorded within thirty (30) days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith withotrt further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk -2- (Insert Exhibit B - Resubd. Sketch) (Insert Exhibit C -Driveway Esmt./Maint. Agrmt.) (Insert Exhibit D -Cons. Esmt.) g- i Z? Ce.UN,1CE xHD Uleltt EASE4EHi5 FiONN iHUi Al //-~•"-•~ /~/ ~/ (HOr ro scuE) nrvrr_ ..'C,'t/i 1 r PETRON 2ND ADDITION "" ` - - - - - - - - - - - - - - - - - - - - - - - - - -----~ r -----------~ -------------------------- I I ~ /~ ~I ( f t t I I I ~ e~ ~~!-1 ~ !-1 iii ~ L't~ t L ~. i ~~ ,~" 1 ~ ~.11 10 10 I hAlr- hrh/~nrrn` (D ^r rA I^rT ~ '-• iA I^r'T I A A Ir' '~ r h /~ A rr'n` ~ I I :;vl v.:C I L.nl vC I v n~,n I i. V I N gg75gp^ w ;:vl v.:C_ t L.nl vi_ I v nv,n I C_v I M ED I I , I I w --598.39-- I I ~ 7 ar w I I ~0 9p/ ~-NORTH UNE OF THE 9OUTH HALF aF vACATEO SUNSET IANE ^r rn I^rT I n N I[' 's , n n h Tr-n` (D n, . "v .. V1 v..L_ I . o _______________ __ _ ________, __'___ 9° or p ^r rAI^r'T I A Nlr- ~ / n /~ h Tr'r1 ________...__________ ~n ~r- _____ U I__~ - I ,- 5 L~~~ Uat, s I `vl v..L_ I Lnl vi_ I v nv,n t i_U I U~P~ ~"~ C ~ fll"y~ •1n~ --~y---~ --~ ~---- ""y+ /fit/ eoHC ro EEEr x worx nxo /DlMxINC Lor 7 . 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I"I "%1\\\\s~R~~ti°a '1 ~\ ~ s g~9~/ gip y\ P Oy,.4R,~ r~'/ I1/I 1 v N\ \ ~ ~ ~y3'7 , 4{" D Denotes K Inch by 14 inch Iron pipe mmumenl set and \ TOT~~ ' ' DC`s `bv \ y ' ' ~~54'?3~•F ~'~ morked by mnnasolo registrolion numbs 9235 `a ~~ \\ J e \\ 0 ~ , ,~.~__-, o ~ ~\~/ pNM1 2& ~ Dmoles Monument Found. cArfoo ~\\ °£I ~`v' ',.4 \ ssar3q~e ~~~'~' 9 R~y4go \\ \ 8za°=- ' ~y~@ ~SZSg'F Un(,Ty {`~ Received `'"f\ \ ~\ ~`°f"~ ti ~ ~"0 poro d~~y ~~ ~ GRAPHIe S SALE ~ Hennepin County \\ ~ Ru% ', \ '~c o!N g~' ~ oa -1 \\ - n~ni t nou _~ y/`` `T $ tl~ o/ \ Ir\ ~~J~ QI ffBI NOU O6 7008 "'-,^ \,''r,ree4 <gtia ,\•NO~R eNr. ;. ~, ( ) County Surveyor \~' ^^,,, '~~; ''\ '~ :o,~ \ ~r`~a ~,~,,, \ ,~' a , a' / ~ ~ Y A ~n '~ *^ g \ \ ~`/ ~ _- \ / .' \/ ADVANCE SURVEI lit A s CITY OF SHOREWOOD RESOLUTION NO. VACATING PART OF SUBURBAN DRIVE WHEREAS, Notice of Public Hearing on the proposed vacation of part of the public right-of--way for Suburban Drive (previously known as Orchard Lane) in the City of Shorewood, Hemlepin County, Mimlesota, was published in the Excelsior/Shorewood edition of the SLTN SAILOR NEWSPAPER on the 4ti' day of September, 2008 and the 1 lt'' day of September, 2008, and in the LAKER NEWSPAPER on the 6t'' day of September, 2008 and the 13t~' day of September, 2008; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 22nd day of September, 2008, at the Southshore Senior Convnunity Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Mimlesota, that the portion of Suburban Drive, legally described ill Exhibit A, attached hereto and made a part hereof, be and hereby is vacated. BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. Christine Lizee, Mayor ATTEST: Brian Heck, City AdministratorlClerk #3G LEGAL DESCRIPTION FOR PART OF SUBURBAN DRIVE PROPOSED TO BE VACATED That part of the north 5 feet and south 5 feet of Suburban Drive, as dedicated as Orchard Lane in Minnetonka Manor, Hennepin County, Minnesota, which lies easterly of a line from the southwest corner of Lot 3, Block 1, to the northwest corner of Lot 26, Block 2, in said Mimletonlca Manor and which lies westerly of the westerly line of Outlot E, Amesbtuy 10th Addition, Hermepin County, Mimnesota; AND That part of said Suburban Drive, which lies between the north and south S feet thereof, which lies easterly of the following described line: Commencing at the southwest corner of Lot 1, Block 1, Petrov Addition, Hem~epin County, Minnesota; thence on an assumed bearing of South 00 degrees 14 minutes 04 seconds East, along a southerly extension of the west lisle of said Lot 1, a distance of 5.64 feet to a line 5 feet southwesterly of and parallel to the southwesterly line of said Lot l; thence South 62 degrees 39 minutes 59 seconds East along said parallel line a distance of 113.37 feet to the point of beginning of the line to be described; thence South 30 degrees 13 minutes 30 seconds East a distance of 93.20 feet to an intersection with a line parallel to and 5 feet northerly from the southerly line of said Suburban Drive and there terminating; and which lies westerly of the westerly line of Outlot E, Amesbury 10th Addition, Hermepin County, Minnesota Exhibit A CITY OF SHOREWOOD RESOLUTION NO. VACATING PART OF SUNSET LANE WHEREAS, Notice of Public Hearing on the proposed vacation of the public right-of- way for Sunset Lane in the City of Shorewood, Hennepin County, Minnesota, was published in the Excelsior/Shorewood edition of the SITN~SAILOR NEWSPAPER on the 4tl' day of September, 2008 and the 1 lt~' day of September, 2008, and in the LAKER NEWSPAPER on the 6t~' day of September, 2008 and the I3t~' day of September, 2008; and WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Council of the City of Shorewood heard all interested parties on the question of vacation at a Public Hearing on the 22nd day of September, 2008, at the Southshore Senior Community Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the following portion of Sunset Lane is hereby vacated: "That part of Sunset Lane dedicated in MINNETONKA MANOR, and dedicated in "HOLTMERE, L1~KE MINNETONKA, MINN." as Lake William Road, lying east of a line drawn perpendicular to the centerline of said Sunset Lane from the southwest conger of Lot 13, "HOLTMERE, LAKE MINNETONKA, MINN." To the south line of said Sunset Lane as dedicated in MINNETONKA MANOR. Except Outlot D, AMESBURY WEST, and that part of Sunset Lane vacated by C.R. Doc. No. 5734487." BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR MILTON SEIFERT WHEREAS, Milton Seifert (Applicant) is the owner of certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant has applied to the City for a subdivision of said real property into two parcels legally described and illustrated in Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Applicant has agreed to grant to the City drainage and utility easements legally described in Exhibits C and D, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to provide a common shared driveway to serve the two lots; and WHEREAS, the Applicant's request was reviewed by the City P1amler, whose recommendations are included in a memorandum, dated 10 September 2008, a copy of which is on file at the Shorewood City Ha11; and WHEREAS, the application was considered by the Plamzing Carl~tnission at a regular meeting held on 16 September 2008, the minutes of which meeting are on file at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 22 September 2008, at which time the Planner's memorandum and the Plamling Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and fi•om the City staff; and WHEREAS, the subdivision requested by the Applicant complies with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The real property legally described in Exhibit A is hereby approved for division into two parcels, legally described and illustrated in Exhibit B. 2. The subdivision approval is subject to the following: -1- ~ ~"!• a, The proposed driveway serving the two lots shall be no less than 12 feet ir1 width, with the common portion of the driveway being no less than 16 feet in width. b. Unless the home built on the northerly parcel is sprinkled, pursuant to Fire Code requirements, the proposed driveway shall be no less than 20 feet in width and have a turnaround approved by the Excelsior Fire Dishict. The common portion of the driveway serving the two lots shall be paved in conjunction with the construction of the new home on the northerly lot. d. The Applicant shall record a driveway easement agreement, attached hereto as Exhibit E, against both lots. 3. The Applicant shall record this resohtion, together with the drainage and utility easements legally described in Exhibit C and D, and the driveway easement agreement contained in Exhibit E with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. 4. The City Clerk will furnish the Applicant with a certified copy of this resohtion for recording purposes. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk -2- LECJf~L DESCRl-PTI®N ~F ENTIRE PARCEL: 'That part of white Street, as dedicated in Linden Park, that lies westerly of the west Ii11e of Linden Dills and easterly of a straight lime betweeiz the southwest comer of ®utlot "A'°, Linden Hills, PIent~epin County,lV.[innesota, and a point on the north line of Lot 6, Linden Park, wl~.ch lies 22 feet easterly from the northwest c.or~ler of said Lot 5 as measured along the north line thereof; A.NT.~ That part of Lot 6, Linden Dills which lies easterly of a straight line between a point on the north 1i11e of said Lot 6, which lies 22 feet easterly from the northwest corner of said Lot 6 and a point on the south line of said Lot 6, which lies 22 feet easterly from the southwest corder of said Lot 6. 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N m m 0 0 Exhibit B DRAINAGE AND UTILITY EASEMENT AGREEMENT This Drainage And Utility Easement Agreement dated, , shall set forth the certain terms and conditions of the Easement granted herein, by and between Milton Seifert and Barrie Seifert, husband and wife, grantors (collectively, "Grantor"), and the City of Shorewood, a Mimnesota municipal corporation, grantee ("Shorewood"). WITNESSETH: A. Grantor is the sole owner in fee simple of certain real property identified as the on Exhibit B, attached hereto and il7coiporated by this reference, located in Hennepin County, Minnesota ("Land"). B. Grantor intends to convey to Shorewood the right to the use of an Easement for drainage and utility purposes in perpetuity. C. The grant of this Easement will serve the policies of the State of Minnesota and Shorewood for drainage and utility purposes. NOW, THEREFORE, in consideration of their mutual. covenants and pursuant to the provisions of applicable law, Grantor hereby grants to Shorewood and Shorewood hereby accepts, a perpetual and non-exclusive Easement for drainage and utility purposes to the extent set forth herein. 1. Grant. To accomplish the parties' intent, Grantor hereby grants a non- exclusive and perpetual Easement to Shorewood for drainage and utility purposes in the area of the burdened parcel, which is the Land legally described on Exhibit B, attached hereto and incorporated herein, which constitutes the entirety of the Land to which this Easement applies. 2. Benefit. The Easement shall benefit Shorewood and its residents. 3. Maintenance. Shorewood shall be responsible for the maintenance of the Land and/or Easement area and the drainage and utility system and be responsible for all costs associated therewith. 4. Prohibitions. Grantor shall not perform acts on the Land that would significantly impair or interfere with the Easement or drainage and utility system. The parties acknowledge that the Land is presently used for residential purposes. Grantor and the public may, subject to this Easement, continue making such use of the Protected Land. Grantor shall not subdivide all or part of the Lands for residential, commercial or industrial development. Grantor shall not construct or install additional buildings or Exhibit C improvements of any kind including fences, driveways, parking lots and roads, on the Land, except as maybe allowed by Shorewood. 5. Costs and Liabilities. Shorewood shall assume and be responsible for all obligations and shall bear all costs and liabilities of any kind accruing from its use of the Easement and its installation and maintenance of a drainage and utility system on or under the Land. 6. Waiver. The delay or omission by Grantor or Shorewood to discover a breach by the other or to exercise a right of enforcement as to such breach shall not impair or waive any rights of enforcement hereunder. 7. General. This Easement shall be assignable and flow with the respective Land identified herein. This Easement shall be binding upon and shall benefit the parties' heirs, successors and assigns. This Easement shall be governed by the laws of the State of Minnesota. If any portion of this Easement shall be determined to be unenforceable or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Easement may be signed in multiple counterparts, which, when fully executed, shall constitute a binding agreement. Any alteration, change or modification of or to this Easement, in order to become effective, shall be made in writing and fully executed by the parties. This Easement constitutes the entire agreement between the parties regarding t11e subject matter described herein. The terms and conditions set forth in this Agreement are agreed to as of the date set forth above. Grantor: Milton Seifert and Barrie Seifert, husband and wife Milton H. Seifert Barrie Seifert City of Shorewood, Minnesota By: Its: 2 EXHIBIT "B" '>rhe north, south, east and west 10 feet of the following described parcel: That part of Lot 6, Linden Hills which lies easterly of a straight line, hereinafter referred to as Line "A", between a point on the north line of said Lot 6, which lies 22 feet easterly from the northwest conger of said Lot 6 and a point on the south line of said Lot 6, which lies 22 feet easterly from the southwest corner of said Lot 6. and which lies southerly of the following described line: Commencing at the southeast corner of said Lot 6; thence northerly along the east line of said Lot 6 a distance of , 169.00 feet to the point of beginning of the line to be described; thence westerly at right angles to said east line of Lot 6 a distance of 130.44 feet to an intersection with said Line "A" and there terminating. DRAINAGE AND UTILITY EASEMENT AGREEMENT This Drainage And Utility Easement Agreement dated, , shall set forth the certain terms and conditions of the Easement granted herein, by and between Milton Seifert and Barrie Seifert, husband and wife, grantors (collectively, "Grantor"), and the City of Shorewood, a Minnesota municipal corporation, grantee ("Shorewood"). WITNESSETH: A. Grantor is the sole owner in fee simple of certain real property identified as the on Exhibit A, attached hereto and incorporated by this reference, located in Hennepin County, Minnesota ("Land"). B. Grantor intends to convey to Shorewood the right to the use of an Easement for drainage and utility purposes in perpetuity. C. The grant of this Easement will serve the policies of the State of Minnesota acid Shorewood for drainage and utility purposes. NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions of applicable law, Grantor hereby grants to Shorewood and Shorewood hereby accepts, a perpetual and non-exclusive Easement for drainage and utility purposes to the extent set forth herein. 1. Grant. To accomplish the parties' intent, Grantor hereby grants an non- exclusive and perpetual Easement to Shorewood for drainage and utility purposes in the area of the burdened parcel, which is the Land legally described on Exhibit A, attached hereto and incorporated herein, which constitutes the entirety of the Land to which this Easement applies. 2. Benefit. The Easement shall benefit Shorewood and its residents. 3. Maintenance. Shorewood shall be responsible for the maintenance of the Land and/or Easement area and the drainage and utility system and be responsible for all costs associated therewith. 4. Prohibitions. Grantor shall not perform acts on the Land that would significantly unpair or interfere with the Easement or drainage and utility system. The parties acknowledge that the Land is presently used for residential purposes. Grantor and the public may, subject to this Easement, continue making such use of the Protected Land. Grantor shall not subdivide all or part of the Lands for residential, commercial or industrial development. Grantor shall not construct or install additional buildings or Exhibit D improvements of any kind including fences, driveways, parking lots and roads, on the Land, except as inay be allowed by Shorewood. 5. Costs and Liabilities. Shorewood shall assume and be responsible for all obligations and shall bear all costs and liabilities of any kind accruing from its use of the Easement and its installation and maintenance of a drainage and utility system on or under the Land. 6. Waiver. The delay or omission by Grantor or Shorewood to discover a breach by the other or to exercise a right of enforcement as to such breach shall not impair or waive any rights of enforcement hereunder. 7. General. This Easement shall be assignable and flow with the respective Land identified herein. This Easement shall be binding upon and shall benefit the parties' heirs, successors and assigns. This Easement shall be governed by the laws of the State of Minnesota. If any portion of this Easement shall be detern~led to be unenforceable or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Easement may be signed in multiple counterparts, which, when fully executed, shall constitute a binding agreement. Any alteration., change or modification of or to this Easement, in order to become effective, shall be made in writing and fully executed by the parties. This Easement constitutes the entire agreement between the paz-ties regarding the subject matter described herein. The teens and conditions set forth in this Agreement are agreed to as of the date set forth above. Grantor: Milton Seifert and Barrie Seifert, husband and wife Milton H. Seifert Barrie Seifert City of Shorewood, Minnesota By: Its: 2 EXHIBIT "A" The north, south, east and west 10 feet of the following described parcel: That part of White Street, as dedicated in Linden Park, that lies westerly of the west Lille of Linden Hills and easterly of a straight line between the southwest corner of Outlot "A", Linden Hills, Hennepin County, Minnesota, and a point on the north line of Lot 6, Linden Park, which lies 22 feet easterly from the northwest corner of said Lot 6 as measured along the north line thereof; AND That part of Lot 6, Linden Hills which lies easterly of a straight line, hereinafter refen-ed to as Line "A", between a point on the north line of said Lot 6, which lies 22 feet easterly from the northwest corner of said Lot 6 and a point on the south line of said Lot 6, which lies 22 feet easterly from the southwest corner of said Lot 6. and which lies northerly of the following described line: Commencing at the southeast conger of said Lot 6; thence northerly along the east line of said Lot 6 a distance of 169.00 feet to the point of beginning of the line to be described; thence westerly at right angles to said east line of Lot 6 a distance of 130.44 feet to an intersection with said Line "A" and there terminating. 3 SHARED DRIVEWAY EASEMENT AGREEMENT This Shared Driveway Easement Agreement dated, ,shall set forth the certain terms and conditions of the Easement granted herein, by and between Milton Seifert and Bailie Seifert, husband and wife, grantors (collectively, "Grantor") and Milton Seifert and Bai~ie Seifert, husband and wife, grantees (collectively, "Grantee"), with said parties being the fee owners of the subdivided and created residential lots, and , (collectively, the "Lots"). WITNESSETH: A. Grantor is the sole owner in fee simple of certain real property identified as the on Exhibit A, attached hereto and incorporated by this reference, located in Hemlepin County, Minnesota ("Land"). B. Grantor intends to create and convey to Grantee the right to the use of an Easement for ingress and egress driveway purposes in perpetuity for the Lots. C. The grant of this Easement will serve the policies of the Grantor, Grantee, the State of Minnesota and the City of Shorewood for ingress and egress access purposes. NOW, THEREFORE, in consideration of their mutual covenants and pursuant to the provisions of applicable law, Grantor hereby grants to Grantee and Grantee hereby accepts, a perpetual and exchisive Easement for ingress and egress driveway purposes to the extent set forth herein. I. Grant. To accomplish the parties' intent, Grantee hereby grants an exclusive and perpetual Easement to Grantee for ingress and egress driveway purposes in the area of the burdened parcel, which is the Land legally described on Exhibit A, attached hereto and incorporated herein, which constitutes the entirety of the Land to which this Easement applies. 2. Benefit. The Easement shall benefit Grantor, Grantee, the City of Shorewood and its residents. 3. Maintenance Responsibility and Expenses. Grantor shall be responsible for the initial construction of the driveway. Grantee shall be responsible for the maintenance of the driveway, Land and/or Easement after its initial construction, inchtsive of all costs associated therewith. This Agreement shall inure to the benefit of all firture fee owners of Lots and ,with said owners each bearing 50% of such ongoing costs. 4. Prohibitions. Grantor shall not perform acts on the Land that would significantly impair or interfere with the Easement or driveway. The parties acknowledge that the Land is presently used for residential purposes. Grantor and Exhibit E Grantee shall not subdivide all or part of the Land for residential, commercial or industrial development. Grantor and Grantee shall not constl-uct or install additional buildings or improvements of any kind including fences, driveways, parking lots and roads, on the Land, except as maybe allowed by the City of Shorewood. 5. Waiver. The delay or omission by Grantor or Grantee to discover a breach by the other or to exercise a right of enforcement as to such breach shall not impair or waive any rights of enforcement hereunder. 6. General. This Easement shall be assignable and flow with the respective Land identified herein. This Easement shall be binding upon and shall benefit the parties' heirs, successors and assigns. This Easement shall. be governed by the laws of the State of Mimlesota. If any portion of this Easement shall be determined to be unenforceable or void by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This Easement may be signed in multiple counterparts, which, when fiilly executed, shall constitute a binding agreemment. Any alteration, chaalge or modification of or to this Easement, in order to become effective, shall be made in writing and fully executed by the parties. This Easement constitutes the entire agreement between the parties regarding the subject matter described herein. The terns and conditions set forth in this Agreement are agreed to as of the date set forth above. Grantor: Milton Seifert and Barrie Seifert, husband and wife Milton H. Seifert Barrie Seifert Grantee: Milton Seifert and Barrie Seifert, husband and wife Milton H. Seifert Barrie Seifert 2 EXHIBIT A LEGAL DESCRIPTION OF DRIVEWAY EASEMENT: That part of the following described parcel: That part of Lot 6, Linden Hills which lies easterly of a straight line, hereinafter referred to as Line "A", between a point on the north line of said Lot 6, which lies 22 feet easterly from the northwest coder of said Lot 6 and a point on the south line of said Lot 6, which lies 22 feet easterly from the southwest corner of said Lot 6. and which lies southerly of the following described line: Commencing at the southeast corner of said Lot 6; thence northerly along the east line of said Lot 6 a distance of 169.00 feet to the point of beginning of the line to be described; thence westerly at right angles to said east line of Lot 6 a distance of 130.44 feet to an intersection with said Line "A" and there terminating. Which lies westerly of the following described line: Commencing at the northwest corner of said parcel; thence on an assumed bearing of South 89 degrees 21 minutes 10 seconds East along the north line thereof a distance of 38.74 feet to the point of begimling of the line to be described; thence South OS degrees 49 minutes 45 seconds West a distance of 83.89 feet; thence South 13 degrees 58 minutes 12 seconds East a distance of 96.51 feet to the south line of said parcel and there terminating. SHC'WOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, PvtINNESOTA 55331-8927 ®{952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM Date: December 3, 2008 To: Honorable Mayor and City Council Members From: Bonnie Burton, Finance Director/Tread rer 4 Brian W. Heck, City Administrator Re: 2009 Budget and Finance Resolutions: Adopting the 2009 Budgets and Levy The attached resolution, for your review and approval, represents the culmination of many months of finance and budget work by the staff and council. On September 8, 2008, the City Council approved the Proposed 2009 Budget, which was subsequently certified to Hennepin County. In accordance with statutory Truth-In-Taxation requirements, the City Council held the Truth-In-Taxation budget public hearing meeting on December 1, 2008. The Council determined that no continuation meeting was necessary and directed staff to prepare resolutions to adopt the fina12009 budget and levy. The City Council is now asked to adopt the attached proposed resolution, which approves a final 2009 Budget and 2008/2009 Tax Levy. December 8 is the last regular meeting of the City Council, therefore action on the 2009 Budget and Tax Levy Payable in 2009 should be made at this meeting. The levy must be certified to the County Auditor by December 29, 2008. RECOMMENDATION: The Shorewood City Council is requested o adopt the attached resolution: A Resolution Adopting the 2009 Budgets and Approving the 2008 Property Tax Levy Collectible in 2009. 9 ~~ }~~{ PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO, OS-090 A RESOLUTION ADOPTING THE 2009 BUDGETS AND APPROVING THE 2008 PROPERTY TAX LEVY COLLECTIBLE IN 2009 WHEREAS, the 2009 Budget and 2008 property tax levies collectible in 2009 for the City of Shorewood have been prepared and reviewed by the City Council; and, WHEREAS, the City Council held aTruth-In-Taxation meeting on December 1, 2008, to receive public comment regarding the adoption of such budgets and property tax levies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That the following budgets are adopted for the year 2009: General Fund $5,488,562 Water Fund -Operating and Debt Service 1,263,979 Sewer Fund 1,529,454 Recycling Fund 94 675 Stormwater Management Fund 781,781 2. That the following sums be levied for 2008, collectible in 2009, upon taxable property in the City of Shorewood for the following purposes: General Fund Operations Levy $4,158,672 Special Levy 617,620 Total General Fund Levy 4 776 292 That the City Administrator/Clerk is hereby instructed to transmit a certified copy of this resolution to the Cotmty Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator/Clerk MEMORANDUM Date: December 3, 2008 To: Honorable Mayor and City Council Members ,~ From: Bonnie Burton, Finance Director/T ~'- Brian W. Heck, City Administrator Re: 2009 Budget and Finance Resolutions: Re ising the City's Wage and Salary Range Chart for 2009 and Setting the Monthly Insurance Contribution. The 2009 budget process included adjustments to City employee salary ranges and the City's contribution toward the employee insurance plan. The City Council directed staff to prepare the salary schedule to provide fora 3.0% economic adjustment in January. In addition, Council determined that the City's 2009 monthly insurance contribution per employee is to be set at $800 per month for 2009. The attached proposed resolution provides for these pay plan adjustments and the City's insurance contribution, as directed. The changes will be effective January 1, 2009. RECOMMENDATION: The Shorewood City Council is requested to adopt the attached resolution: A Resolution Revising the City's Wage and Salary Range Chart for 2009 and Setting the Monthly Employer Insurance Contribution for City Employees. ®~ ~®~® PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. 08- A RESOLUTION REVISING THE CITY'S WAGE AND SALARY RANGE CHART FOR 2009 AND SETTING THE MONTHLY EMPLOYER CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES WHEREAS, the City Council has established the current salary and wage range chart and the current monthly contribution toward the monthly insurance premium for City employees by prior years' resolutions; WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and wage range chart and monthly contibution towards monthly insurance premiums for City employees within the parameters of State Statutes. NOW, THEREFORE, BE IT RESOLVED that: 1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year 2009 as listed on Exhibit A, attached to and hereby made a part of this resolution. 2. The City's contribution toward the monthly insurance premiums for City employees is hereby set at $800 per month for medical and other insurance coverages for the year 2009. BE IT FURTHER RESOLVED that this resolution shall be effective Jamiary 1, 2009. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of December, 2008. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator/Clerk e W N d' M N O M L(') O> O N O 0 0~ of !~ N OJ N O t!') (O V d' o~ N ~ ~ N m M O) m r~ O m M o~ o~ CO .- m m ~ n r o 0 0~ ~ v v v 7 .- M O O r r O to O H O (O (fl O O N O O ~ ~ M m O m O M M f~ O N o0 N 6) oO t~ V O of N N W U1 O O M h h M M M~ to 7 V V m m M W M M h a' ~- O Ln O N N O O O d O ~ of T M t~ h M~ V V O O M N f~ O V m N N I~ r In O O M r h M M t.() try ~ 7 V 7 t!7 0~ h~ (O V' o~ O I~ O r O~ M O O W M N O O O .- h O~ m V V N O O I~ O h h M M~ r r r V D) N W h h M M N to to V~ V O CO ~- M 7 N of 7 M O W O M M 0 0 CO ~ V N O M to ~~ M ~ O O <t Z O M O M M Ln M M r r r V W W p r r M O~ to ~ V V V a O Ln M O N O W m W 0 61 O O O O O <t ~ CO CO [O Ln V N CO m In M r O ~ N O O l ~ ' ~ CO 0 7 N t O O O O d r N N 1~ r r O O to N u'7 V V' d' N M O a~ O W m V~ O O~~ O O N J Q o~ ~ t~ V m N O M N ~ ~- s- (p J r 7 N to 7 d; I~ O O O M M O O I~ r r O M to t() t17 V <t V' U e r d' ~ W O m 0 O N O O O O O O Y M O O (O V m I~ O ~ r N O t~ r N i~ 7 7 M c0 tf) O ~.t) ~ M ' ao 0o r ~ ~ cfl co Sri Sri Sri rr v v z J M O O N CO In 0 ~ I~ O ~ O (4 C4 O O of p„ N O V O N N l0 N N I~ ~ Z Q (O M of N f~ <Y M M O c0 Ln m to to N f~ r h O M to ~ 7 7 V V Q N W M O V M O o~ M O th O O O (O N N M l0 N V M f~ V N (O CO O o0 00 M O M N N O~ 61 ' ' Z C ~ V V N W ~ oo m r r r m co ~n ~n v <t 'a' v a ~~ d ~r n r~ h N o M m M r n r~ r <r o v Y <t ~ (O Ln O O M O W to N M M V 6) vi _ ~ V Q V .- A N N .- m~ 7 a0 ~ V V V~ M ~ n ti r C ~ W G ~ of O h M~~ L d' 7 7 V V 7 V V . F ~ W O 0 N N m f~ = te O ~ r V V N M N O) N m 0 0 to N t~ Q C~ a ~ fn Q ~ O M r W O O M N m O N (O O M CO ~ c- N N m m m f~ N .-- h O N N N M N O N W p c 0o r r o m ~n ~n u~ i ri v ~t v a v v v a ~ O Q Y F~ <h M M d' V t.() 7 r N O m t~ OJ W V O f~ ~ W o~ N o~ O~ N N N 07 CO M M tc'7 N W 1 Q, C. O rY o~ (O ~ CO V O m to ~ r O O N O of . I~ r O O O~ Ln to V V V V 7 V V 7 M O ~ ~ W ~ N ~ OJ rY (O (O d' 1~ r M M 7 O I~ ~ 111 Z O N O O V 61 N_ V~ V I~ M N C O ~ N M f~ O d' O O a0 m M I~ O r r co co co Sri ui v v <r ~f v ri ri ~" ri ri 0 >' Q m h o ao v r~ m co h v r~ <r v' v o r ~ ~. M O m co M I~ M O N CO a0 61 M O O m O N 61 ~ m m o m v M N rn rn ~n ~n rn m M - - - - 0 (O (O CO ~~ N V V 7 V M M M M M M M O Z J ~ h m ~ V ~ O O O N ~ N N N O o~ ~ U O' R O> <t ~ f~ m M m O O V h N M t17 of I~ to V M L(') O O O M M r~ O Q ~ O M ~~~ V V V V V M M M M M M M r0 a N ~ ca O N t~ N -- ~ M ~ CO ~ _° Q] 0~ O M . N 7 V ~ N M M f~ V t~ M N d' M O O O O W W ~ r O~~ M M M M N N N ~ ~ ~ ~ U O ~ O ,C N N U to ~ Y ~ C ' > a ~ v> c0 O N ~ W d ~ O J O ~. ~ d i ~ ~ Y n ~ C cn in Q c4 (6 O Q ~ Y ~ (7 Q N Q O c? o_ IN N C . - U N ~ C ~ .C aU7 O ' m v v ~ s ~ E~~ to o T C ~ Q Q ~ ~ o ~ c U `O d ~ v c o ~ 1 ~ a ~ ~ _ ~ C ~ O Q C_ D U ~ N O C C '~ U U L O C C O ~ O O O) U C N O O C C N ~ N (0 J U~ U ~ U U . Q Q W E c C W Cn G N U LL _ >, >, o ~a c o Y x~ c~- w o w= m o a Q o i.i a U w m w Q~ in J~~~ J U m W 6) O ~ N M to CD f~ B O O N M d' to O h m O ~ N c~ V r N M f~ h of W o7 07 W N o~ W o] m O O O O m O ~ O O O O O r N N N N N N N N ~~~ o °o~- N O M ~? O ~ N ~~ 0 U their employment. A step may be skipped under recommendation of the ®irector of Public Works and approval of the City Administrator. 2. P;dditior~al Compensation for Licensors: Employees will receive $200.00 per year for holding a valid Water System "Class C" Operator License. Employees will receive $200.00 per year for holding a valid Wastewater System "Class C" Operator License. The City will pay all casts for initial training and any cost to maintain the license. 3. Utility Operator: Fully-qualified employees must posses a Class C Minnesota Water Operator License and a Class C Minnesota Sewer License. The Utility Operator compensation will be $1.00 per hour more than the Light Equipment Operator ~ Utility Operator schedule. ~, Shop Technician: Shop Technician compensation will be $.50 per hour more in addition to the Light Equipment Operator and Utility Operat®r schedule. 17 CITY OF SHOREW ~ ~~~ 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM Date: December 3, 2008 To: Honorable Mayor and City Council Members ~- From: Bonnie Burton, Finance Director/Treas rer Brian W. Heck, City Administrator~~5~~ Re: 2009 Budget and Finance Resolutions: Authorizing the Transfer of Funds The 2008 Budget adopted by the City Council provides for the transfer of monies to and from various funds for capital improvements and other purposes in the 2008 Budgets. The attached resolution authorizes the transfer of fiends as previously approved by the budget and discussed at work-sessions. RECOMMENDATION: The Shorewood City Council is requested to adopt the attached resolution: A Resolution Authorizing Transfers of Funds. r ~®~ PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION. NO. 08- A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS WHEREAS, the City Council has levied for, and budgeted the transfer of monies for capital improvements and purchases in its 2008 General and Capital Budgets. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the following amounts are hereby authorized to be transferred between the following fiords: TRANSFER FROM TRANSFER TO AMOUNT General Fund Equipment Replacement Fund 175,000 General Fund Street Reconstruction Fund 645,000 General Fund Sewer Fund (debt service) 60,000 General Fund Public Facilities Fund 50,000 General Fund Park Capital Improvement Fund 15,000 Liquor Fund General Fund 40,000 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December, 2008. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator/Clerk (;ITS UI-' SIIC '.EWOOD 5755 COUNTRY CLUB ROAD ° SHOREWOOD, MINNESOTA 55331-8927 ®(952) 474-3236 FAX (952) 474-0128 ° www.ci.shorewood.mn.us • cityhall@ci.shorewood.mh.us MEMORANDUM Date: December 3, 2008 To: Honorable Mayor and City Council Members t From: Brian W. Heck, City Administrator -~ r '~ .. Bonnie Burton, Finance Director/Treast~er Larry Brown, Public Works Director James Landini, City Engineer ` Re: Capital Improvement Program (CIl') Project Discussion for Years 2008.- 2012 INTRODUCTION Attached for your review is the Capital Improvement Program (CIP) for the Years 2008 - 2012. The CIP has been reviewed and revised by staff and Council over the course of the past several months during budget work-sessions. As Council. will recall, the approach taken in developing the CIP is that it is intended to be a flexible document, and an important physical as well as financial planning tool. The early years of the CIP are most defil>ite in terms of planning and implementation. The latter years of the CIP are most subject to change. A recommended fiscal policy section is located at the beginning of the document to assist in setting priorities for projects. CIP HIGHLIGHTS Council will recall the following highlights: • Numerous street construction projects are programmed for 2009 and the next several years. Each of these projects will be subject to review and approval individual before implementation. Projects include bituminous overlays and reconstniction projects. • The City Hall project is underway and will continue into 2009. ®~ ~~~® PRINTED ON RECYCLED PAPER Memo - CIP 2008-2012 Page 2 • Several Stormwater Management projects are planned; 2009 projects will likely be funded with an intenlal loan from the City's Sanitary Sewer Fund. • The Park Commission has made several recommendations for projects they wish to complete. The CIP does not automatically commit the Council to implement any of the projects listed in it; it is a planning document to focus resources and a document for financial planning. Individual projects are to be approved in the annual budget process and later authorized for purchase or award of contracts according to standard operating procedures. RECOMMENDATION Staff recommends that the City Council approve the attached resolution accepting the 2008-2012 Capital Improvement Program. CITY of sxoREwooD RESOLUTION NO. 08- A RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR THE YEARS 2008-2012 WHEREAS, the Shorewood City Council wishes to carefully plan and coordinate City public capital purchases and projects over afive-year period matching physical needs with financial resources; and WHEREAS, City Staff has prepared and presented a proposal for afive- year Capital Improvement Program to facilitate the planning and coordination of projects for the years 2008-2012. NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts the Capital Improvement Program for the period of 2008-2012. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 8th day of December, 2008. ATTEST: Christine Lizee, Mayor Brian W. Heck, City Administrator/Clerk i II~~I~R. P1Z Calendar Years 2048 -- 2012 5755 Country Club Road, Shorewood,lV1N 55331 www.ci.shorewood.mn.us ~~~~ ~~ 5755 COUNTRY CLUB ROAD ° SHOREWOOD, MINNESOTA 55331-8927 ° (952) 474-3236 FAX (952) 474-0128 ° www.ci.shorewood.mn.us ° cityhali@ci.shorewood.mn.us December 3, 2008 Honorable Mayor and City Councilmembers, INTRODUCTION We present to you the 2008 - 2012 Capital Improvement Program for the City of Shorewood, MN. The Capital Improvement Program (CIP) is a coordinated schedule of municipal capital projects, improvements, and purchases for the years 2008 through 2012. It consists of project proposals that include the project title, scheduled year, and the funding sources for each project. It identifies sources of revenue to pay for the planned capital project improvements and. purchases. THE BASICS At its essence, a CIP is a planning tool for some specified period of time. The CIP lists significant (hence the term "capital") improvements in infrastructure and equipment that the City should plan for. It becomes a financial planning tool that identifies funding sources and funding availability, and helps decision-makers to determine affordability. With the approval or amendment by the Council, the CIP provides an implementation program for staff to work on. The League of Minnesota Cities' Handbook fof° Minnesota Cities contains the following discussion of Capital Improvement Budgeting. "Capital budgeting is a list of needed capital improvements, their order of priority, and the means of financing them. Besides being one of the major tools of planning, a capital budget can provide some or all of the following advantages: Keep the public informed of future needs and protect council members from pressure groups seeking projects rated low on the priority list Often reduce or stabilize the tax rate Establish an orderly capital improvement program, preventing the peaks and valleys in a community's debt retirement program. a ~aa PRINTED ON RECYCLED PAPER CIP Transmittal Letter December 2008 -Page 2 ® Frequently allow a community to move b -adually to apay-as-you-go program of capital expenditure financing for a considerable portion of its improvements ® Capital improvements take place in a logical and orderly manner, rather than haphazardly. ® Integrate the plans and projects of all city departments and agencies, eliminating conflicting and overlapping projects ® By insuring prior consideration for all capital improvements, it helps guarantee ample time for detailed and careful planning of the actual program. "The City puts improvement projects into amultiple-year capital improvement program on the basis of the established priority. When the council reviews it in light of the community's financial sih~ation, it may find the city should defer some of the projects beyond the improvement period and other projects indefinitely. "Following this, the budget officer recommends projects for the coming budget year. The recommendations, in effect, become the reconunended program. Priorities in the capital budget program for the following years remain tentative, and the council should review them annually. At that time, the council should consider the addition of new projects and the deletion of others." A CIP is not a document set in stone. It is a snapshot of needs, schedule of improvements, and schedule of financing, typically five years into the future. It is intended that the CIP be reviewed and changed as physical conditions, financial conditions, and changes in priorities occur. THE CIP ANI) THE C®MP PLAN The City's CIP is an implementation program of the City's Comprehensive Plan. In fact, Minnesota law provides that a City's planning commission is to review the CII' prior to its adoption by the city council, although in practice this is seldom done unless a particular project within the CIP appears to be inconsistent with the Comprehensive Plan. WHAT TO INCLUDE IN THE CIP? Cities differ on the extent of projects they list in a CIP. Some become wish-lists, containing a lot ofill-defined projects in the outer years of the program. Some have a more limited scope, and include only projects on which commitments have been made. A CIP should be developed to combine realistic needs with realistic expectations about expenditures. They should reflect the projects of other units of government (MnDOT, Hennepin County, watershed districts), when known, so opportunities to coordinate City projects can be identified. The CIP can contain, as appendices, other schedules or lists of projects beyond the five-year time horizon. For example, an equipment replacement program often extends out 20 years, so that the acquisition of equipment can be timed to assure that the annual balance in the equipment replacement fund doesn't go in the red. Or, it may show that short-teen debt, such as equipment certificates, may need to be issued for critical pieces of equipment. CIP Transmittal Letter December 2008 -Page 3 There maybe an incentive to list many projects, or have a general plan for roadways and an annual outlay, within the CIP. The law is not clear that a road project needs to be constructed in the year of financing; rather, the project(s) or outlays simply need to be listed in the CIP. APPROACHES IN DEVELOPING THE CIP Council has developed a philosophy about what is to be included when a CIP is presented. The following points, subject to Council modification, are part of that understanding. ® Projects in Shorewood's CIP are listed with particular care in tei7ns of the likelihood that they will be implemented in the first or second year of the prob -am. ® Projects listed in years three through five of the program identify projects and opportunities that merit further evaluation. ® There are programs for on-going outlays for which individual projects are not well- defined at this time, For instance, it is acceptable to budget ftulds for bituminous overlays each year without listing specific streets after the first year. ® Placing a project or outlay in the CIP does not conmlit the City Council to accomplish it. The Council's normal process of authorizing studies to be prepared and gaining public comment needs to be followed. A CIP listing does not in any way imply a done deal. 2008-2012 CIP HIGHLIGHTS ® Numerous street construction projects are programmed for 2009 and the next several years. Each of these projects will be subject to review and approval individual before implementation. Projects include bituminous overlays and reconstruction projects. ® The City Hall project is underway and will continue into 2009. ® Several Stonnwater Management projects are planned; 2009 projects will likely be funded with an internal loan from the City's Sanitary Sewer Ftmd. ® The Park Commission has made several recommendations for projects. CONCLUSION The 2008 - 2012 Capital Improvement Program was prepared according to the priorities and direction from the City Cotmcil. Staff believes it provides a responsible plan to balance the City's infrastnicture needs and financial position. Respectfully submitted, ?~ -. Bra13--W: Heck ~._.:._ City Administrator/Cleric -, ~-~ Lawrence A. Brown Director of Public Works /- ~ Bonnie Burton Finance Director/Treasurer ~~ames Landmi City Engineer C P E EI~SIVE PLAI~II~I1~G PIZ®CESS roiic rian Planning & Inventory Analysis Goals and Development Ob'ectives Policies flans, Projects, Programs Irripiementation Shorewood's Capital Improvements Program reflects an assessment of the community's needs and its ability to pay for major improvements. It is founded on the policy that reinvestment required for replacement, maintenance, or the increased efficiency of existing systems shall have priority over investments for expansion of existing systems or the provision of new services. l~'ITI+1DIl~G .PI2I®I2~TIES Capital spending proposals will generally be funded on the following priority basis: 1. Those projects necessary for contributing to the public health and welfare. 2. Those projects which will help to maintain an existing system. 3. Those projects that will make an existing system more efficient. 4: Those projects representing the expansion of an existing system for new service or completely new public facility or service. >IiUNDING I'12Il~TCII'I,ES As a result, the following principles shall govern the implementation of the recommended Capital Improvements Program: The City will make all capital improvements in accordance with the adopted Capital Improvements Program. 2. The City will develop amulti-year plan for Capital Improvements and update it annually. 3. The City will coordinate development of the Capital Improvements Program with development of the annual operating budget. Future optional costs associated with new capital improvements will be projected and included in operation budget forecasts. 5 City of Shorewood, Minnesota ~'c~pitcr,l In7~~t•o~~c>>rzerrt ~'r~+J ;rcuitl 200 tl>t-~, 2012 Department 2008 2009 2010 2011 2012 Total Equipment Replacement 10,000 302,786 262,174 239,362 222,843 1,037,165 Local Street Reconstruction 350,100 1,217,900 1,088,650 405,300 1,049,200 4,111,150 Municipal State Aid Streets 4,569,200 4,569,200 Municipal Water System 718,000 149,000 867,000 Parks 50,000 147,000 18,000 564,500 50,000 829,500 Public Facilities 800,000 465,000 1,265,000 Sanitary Sewer 296,000 283,000 145,000 75,000 75,000 874,000 StormwaterManagement 614,000 121,000 556,000 473,000 1,764,000 TechnologylOffice Equip 10,000 60,000 30,000 10,000 10,000 120,000 ~Sl~~~hj '1~4~~8',~1, 2,234,100 3,238,686 1,664,824 6,419,362 1,880,043 15,437,015 4f "e~l~~e~r/rr,~. December /! i, _'OU,S~ 7 pity of Shorewood, Ii~Iinnesota C~r~itnl Irnhr•o~~e~lelzt I'rog7•c~t~a 200 rho-u 2012 PR®JEC'~'S ~~' DE~A~'I'1®'~EI~'~' Department 1'~roject# Priority 2008 2009 2010 2011 2012 Total ...Equipment Replacement ~ Speed Awareness Display E-08-51 nla 10,000 10,000 Dump Truck-FordL8000 (1988) E-09-01 nla 172,000 172,000 Dump 1 ton - 4 x 2 Ford F-350 E-09-02 nla 51,067 51,067 Sanders E-09-03 nla 18,000 18,000 Pickup - 4 x 4 Ford F350 E-09-04 nla 39,719 39, 719 Attach -Flail side mower Ag Tractor E-09-05 nla 22,000 22,000 Sweeper -Tennant 240 E-10-01 nla 22,000 22, 000 Tractor- Ford 3910 E-10-35 nla 39,094 39,094 Trailer 12' Tops E-i0-41 nla 3,458 3,458 Groundsmaster Mower- Toro 328D E-10-57 nla 26,314 26,314 Dump Truck -Ford L8000 (1995) E-10-68 nla 168,000 168,000 Mower -Toro Walk Behind 44 E-10-73 nla 3,308 3,308 Ford 555 Backhoe E-11-01 nla 85,000 85,000 Flatbed - 4 x 2 Ford F350 E-11-02 nla 51,800 51,800 Add Wing Plow E-11-03 nla 20,000 20,000 Trailer 24' -Trail King E-11-21 nla 23,111 23,111 Air Compressor-Ingersoll Rand 185 E-11-38 nla 17,453 17,453 Skid Steer -Bobcat 753 E-11-76 nla 28,450 28,450 Sand Pro 3000 E-11-77 nla 13,548 13,548 Mower-ToroGroundmaster328D(84) E-12-03 n/a 29,566 29,566 Dump Truck -Ford E-12-04 nla 182,464 182,464 Attach -Flail rear mower Ag tractor E-12-05 nla 10,813 10,813 Equipment Replacement Total 10,000 302,786 262,174 239,362 222,843 1,037,165 Local Street Reconstruction ~ Harding Lane LR-09-01 1 650,500 650,500 Smithtown Lane LR-09-02 1 199,700 199, 700 Nelsine Drive LR-10-03 1 354,750 354,750 Meadowview Road LR-10-04 1 347,900 347,900 Star Roads LR-12-03 1 623,700 623,700 Maintenance-Bituminous Sealcoating LR-12-100 nla 194,400 204,200 214,400 225,100 236,300 1,074,400 Maintenance-Bituminous Overlays LR-12-99 nla 155,700 163,500 171,600 180,200 189,200 860,200 Local Street Reconstruction Total 350,100 1,217,900 1,088,650 405,300 1,049,200 4,111,150 Municipal State Aid Streets Vine Hill Road: Mill & Overlay (Shorewood portion) MSA-03-05 Municipal State Aid Streets Total 1 4,569,200 4,569,200 __ _ _ _. _ _ '.Municipal water System Amesbury Well Controls Replacement W-07-03 4,569,200 4,569,200 nla 145,000 145, 000 I~I'erbic~srl~ri~. Drcenrher~ l~~, ?00,ti~ T3epartment Prajca:t# 1~1.1(D3'!tV 200 2009 2010 2011 2012 `T'otal Water Meter Radio Read Project W-07-05 n/a 75,000 125,000 200,000 SE Area Water Tower-painting W-08-01 n/a 457,000 457,000 Amesbury Lineshaft Well -Pull & Inspect W-08-02 nla 23,000 23,000 Woodhaven Wefl Bldg Demolition W-08-03 n/a 18,000 18,000 Boulder Bridge Well #2 -Pull & Inspect W-09-01 n!a 24,000 24,000 Municipal Water System Total 718,000 149,000 867,000 _ ____ Parks _ _. _ ~ Badger Park-Hockey Rink Lights P-07-01 nla 50,000 50,000 Cathcart Park -Resurface tennis Courts P-08-03 nla 6,000 6,000 Freeman Park-Picnic Shelter Rehab P-09-02 n/a 3,000 3,000 Manor Park -Resurface Tennis Courts P-09-03 n/a 6,000 6,000 Manor Park Shelter Building Addition P-09-04 nla 50,000 50,000 Silverwood Park -Picnic Shelter Canopy P-09-O6 nla 50,000 50,000 Silvenvootl Park Resurface 112 -Basketball Court P-09-07 nla 2,000 2;000 Signage -Various parks & entry points P-09-09 nla 30,000 30,000 Silverwood Park-Bituminous Parking Lot P-10-01 n/a 18,000 18,000 Freeman Park-Wetland Enhancement P-11-02 nla 500,000 500,000 Badger Park-Tennis Court Resurface P-11-03 nia 12,000 12,000 Cathcart Park-Swing Set Replacement P-11-04 nla 2,500 2,500 Cathcart Park- Picnic Shelter Canopy P-11-05 nla 50,000 50,000 Cathcart Park -Replace Hockey Rink Lights P-12-01 nla 50,000 50,000 Parks Total 50,000 147,000 18,000 564,500 50,000 829,500 Public Facilities ~ City Hall Renovation Project-Construction PF-08-02 1 800,000 385,000 1,185,000 City Hall Renovation Project -Furnishings PF-08-03 2 75,000 75,000 5795 Country Club-Residence PF-09-01 n1a 5,000 5,000 Public Facilities Total 800,000 465,000 1,265,000 Sanitary Sewer ~ Lift Station 12 Rehab-5705 Christmas Lake Pt. SS-08-01 n/a 110,000 110,000 Lift Station 16 Rehab-4915 Shady Island Rd SS-08-02 n/a 104,000 104, 000 Portable Lift Station Control Panel SS-08-03 n/a 7,000 7,000 Lift Station 15 Rehab-4360 Enchanted Dr. SS-08-O6 nla 200,000 200,000 Lift Station 17 Rehab-5295 Shady Island Rd SS-09-01 n/a 8,000 70,000 78,000 Annual Lift Station Inspect & Rehab SS-11-03 n/a 25,000 25,000 25,000 25,000 25,000 125,000 Infiltration and Inflow Reduction SS-11-05 nla 50,000 50,000 50,000 50,000 50,000 250,000 Sanitary Sewer Total 296,000 283,000 145,000 75,000 75,000 874,000 Stormwater Management ~ Harding Lane Drainage STM-09-01 1 97,000 97,000 Lake Mary Outlet STM-09-02 1 457,000 457,000 Smithtown Lane STM-09-03 1 60,000 60,000 Meadowview Rd Storm STM-10-01 1 20,000 20,000 Nelsine Dr Drainage STM-10-02 1 16,000 16,000 6180 Murray Drainage STM-10-03 1 36,000 36,000 5925 Grant Drainage STM-10-04 1 49,000 49,000 Vine Hill Road Stormwater STM-11-01 1 556,000 556,000 Boulder Bridge Lift Station STM-12-01 1 243,000 243,000 ht'edn~silrn'. Diux+nrbe•i~ 2i, '00~ti 9 department 1'roject# 1'3•io~~itt~ 2008 2009 2010 2011 2012 Total Star Roads Stormwater STM-12-02 1 89,000 89,000 Stratford PI Drainage STM-12-03 1 30,000 30,000 Rampart Ct. Drainage STM-12-04 1 8,000 8,000 Lake Souih Auto Drainage STM-12-05 1 21,000 21,000 5830 Echo Rd Drainage STM-12-06 1 33,000 33,000 6180 Chaska Rd Drainage STM-12-07 1 4,000 4,000 Valleywood Rd. Drainage STM-19-03 1 45,000 45,000 Stormwater Management Total 614,000 121,000 556,000 473,000 1,764,000 '.Technology/Office Equip ~ Phone System (VOIP or other) -City Hall Project T-09-01 1 50,000 50,000 City Hall Copier & Maintenance Contract T-09-02 nla 20,000 20,000 Computer Upgrades T-11-O6 3 10,000 10,000 10,000 10,000 10,000 50,000 Technology/Office Equip Total 10,000 60,000 30,000 10,000 10,000 120,000 GI2ANI) T®TA~, 2,234,100 3,238,686 1,664,824 6,419,362 1,880,043 15,437,015 6t'e~rhx~~~la.r. Dc~enibc~r Il-i, ?008 ~~ G _~ d C (U N ZT t6 C O C N cB d N O N O O O N V' N ~- M ii i O O ` r In O, Ni0 W O N M O; O;oO ~ (ViO' c0 L ~` r i (~ I~ i M i O O N N a0 M '. ~ d' O (6 ~ Cf3 Efl~ ~ E!) ER (U iE!} ~ ' ~ ', OCO N Oj r:(Op ~ ~ I~ i O O t~ ',,; '.. M N d' i O W ', '. O M COi t N r N ~ ~ i ~ I ~ ` __ ._ .- -- - -_ _ r t~ O B O O o0 :, O II M N~ W O O { M N OO O M i ~ M f~) ; M;CO .. ~ i , N' (6 M O r I~ } ~ tf} ; iN ~' O~O ~ ~ ~' ~ ~; - I i ~ ~ : 'r.CC) O O O ~ ~ ~ M i ~ 'OiN O ~- N i ~ ~ N II I ~ ~N(fl O tf') O I ~O I t0 ' [~ N N i to i M O N ~ I i~ ~ i ~ , (6 H} (~? EA EH ~ d" ~' I I ~ ~ j i I CI ~ I ~i I C/} ~I~ I I I ~ ~ i _ i. ~ E ~ L._ _.__.-. ~~ ~ O N NE ~ OO ~t~ O i c-~I~ ~O O O ! M'tp ~. ~ O,O O' ~Y O i O n i N tf) ~ ~' r !~ d' ' O ~ ; ~ ii [t tf') ' ' i~ i (O N i r M M . ' (p li d} ;d-Ti Ei}',.b4 .. EA!Efl! ',. OI ~'' O O ' ' ' ' O 0 0 O'N O O O 'I N t0 tq f~- '. 'N.O ~ d'M OO I M d' OO ~O i M (O ; Cfl N ~ Ef3 CO ~- r i~ i ~ ~~ . i I , ~ i O _.__ ',~ ' O- . _ O .O ~ __ _... _ _ ~ -~- O O O O~O OO O ~ OHO IN d= am ~ d'I~ ~ ~'~ MAN i I I i it ~ [P°~ i Ef3 ! r;r ~ ~ I ' ~ ~ ' i 'I ~' r ~~ ~ ~ i I ' ~ ____. ,~. O; O O O ' I OO ~o;o N I O O ' OO o o I I O ~ (~ ~ ~ dt! )' M ~ ~ ~ K3 E9 ~ ~ i i j ~ ~ i ~ ~ ';~ ~ j ~ ~ ~ ~ ' ~ ~ ~ ~- - i ! N ~ _ ~ ~ -i -- - t!7 O CO1~ M d' d'I~ NiO~O~O .-~N V I ~ ~ _ _ OHO O~~-lr ~- ~- ` i O'O O O O~O O:O OOjOiO O.OO ~ I .~ ~ N~N~N~N~N,NN~N~N~NIN NN?NiN ~ ~Ol, p ~O ; r ii i I ' ~ ~ ~ I ~ LL ~ . ~ ~ '~ ---- __ ._ i i __.--_ .oO M N O O~(O r-.~.:N.~. O M ~ ~ I~ l O _ tn, M M ~t'ao O cO O cO M ~~ r ~ ~ y~ , r:N M M!~- M COO M d' M LL - W; M O'er 1~ ~~~ M W~N 0~..M d' r'....M•.~t N tgO d'I~;CO N~O~00 M ~ W I~rt;<- ~ a c6 N >+~ C = I I ~ , d'iM~- M M',~ M r~ O CO o0 0,x:0 64 EA i EA Ef}'~~ ; (fl ~ M• ~ : M• (fl (fT (fl p ai I ~ ~ .~ ~ ', I ~ i . r N , ~ EA EF} EtT ffl '. l i i II U ~ ~I '. ~ ~ I ',,. ,, ~ "'' , ~ !C ' ~ ~ , , i ~ ~ ~~- - ~ 0 0 M N~~M O Oi0 O OII~~O Cfl N 0 M ~ ~ i i ~ r CO CO r 0 0 ; r 00 CO , 00 ~r ~ ~ ; ~ W O O M tp ~ N tp ~ ; p _ CO ! a0 ~ I~ O r d^ d: - d l ' ~~ O M ~ O j j 00 t0 to to r 00 r;M 00 i00 00~OM ~ I ~ ~i t i U 0 O - O Lb O~ COO Cfl64 CO O I .O N ~tlr CO N >i N . ~t M;r M M O{tQ CO MIV'Irt;(O;d'~M N ' N .; ER j EA i EA,; EA r r 64 ~ EPr EA (f} ('') ; Cf3 EH EA I EA ~ t ~ i Ef3 I i ~ ~~ ~ ~ Cfl ~ ~ ' ~ ~I ; ~ I f mi O N I ~ ~ ~ JI ' O ; ~ ~ p LZ (`, -a ~ U N ~ pN C y . ~ C~~~ ~ C IO ~ C -~ IC N> . i , _ C ~' N O N"~ ~ I N J;C m ~ ~ ~~ ~ D ~ o~ ca _L ;~ ~ 3 = ~ i _ o~ I ' clc U c m ' f0 o ~ ' ~ ~ i a . i ~ E~~ E a mo ~ ~ ~ = N C6 a City of Shorewood Department of Public Works 2D Year Equipment Replacement Schedule Unit No Model Year Description Acq Date Life (Yrs) Year of Rplmt Cost Basis 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 21 1987 Trailer 24' -Trail King 1987 25 2012 $ 14,500 $ $ $ 23,111 $ $ $ - $ $ $ - $ - $ $ - $ $ $ - $ g - $ $ - $ 22 1987 Backhoe -Ford 555 1987 20 2007 $ 52,500 $ - $ - $ 85,000 $ - $ - $ - $ $ - $ - $ $ - $ $ $ _ $ $ - $ g _ $ $ - 33 1988 Dum Truck-Ford L8000 1988 15 2003 $ 110,000 $ 172,000 $ $ - $ - $ $ $ - $ - $ $ - $ $ - $ $ $ 352,785 $ $ - $ - $ $ 34 2004 CubCadetAN 2004 15 2019 $ 12,500 $ $ - $ - $ $ - $ - $ $ $ - $ $ 31,754 $ $ - $ $ - $ $ $ $ $ 35 1988 Tractor- Ford 3910 1988 20 2008 $ 26,000 $ - $ 39,094 $ $ - $ - $ $ $ - $ $ - $ - $ $ $ $ $ - g g - $ $ - 38 1990 Air Compressor-IngersallRand165 1990 20 2010 $ 10,950 $ - $ $ 17,453 $ $ $ $ $ $ - $ - $ $ - $ $ $ - $ g - $ $ - $ 41 1990 Trailer 12' -Tops 1990 20 2010 $ 2,300 $ $ 3,458 $ $ - $ - $ - $ $ - $ - $ $ - $ $ $ - $ g _ $ $ - $ $ - 45 1989 WaterTruck•Ford7000 1992 20 2008 $ 112,000 $ - $ - $ $ - $ - $ $ - $ - $ $ - $ $ $ $ $ $ $ $ $ - $ 145,000 46 1982 Sweeper-Tennant24D 1992 15 2007 $ 12,000 $ $ 22,000 $ - $ $ $ - $ $ $ - $ $ - $ $ - $ 36,307 $ - $ $ $ $ - $ 49 1993 Flatbed • 4 x 2 Ford F350 1993 15 2008 $ 32,500 $ - $ - $ 51,600 $ - $ - $ $ - $ - $ $ - $ 82,561 $ $ $ - $ $ - $ $124,142 $ $ - 50 1970 Pum -4' Discharge Rebuilt 1985 30 2015 $ 28,000 $ - $ $ - $ - $ $ $ $ $ - $ 67,104 $ $ - $ - $ $ - $ $ - $ $ $ 51 1993 Speed Awareness Displa 1993 15 2008 $ 18,000 $ $ - $ $ $ - $ - $ $ - $ $ - $ $ $ - $ - $ 20,000 $ - $ $ - $ $ - 52 1994 Dum 1 ton - 4 x 2 Ford F350 1994 15 2009 $ 36,000 $ 51,067 $ - $ $ - $ - $ $ - $ $ - $ - $ $ - $ $ $ - $122,384 $ - $ - $ - $ 53 1995 Pickup-4x4 Ford F350 1995 10 2009 $ 26,000 $ 39,719 $ $ - $ $ $ - $ $ $ - $ $ 71,130 $ $ - $ - $ - $ - $ $ $ $ - 54 1995 Dump Truck-Ford 8000 1995 15 2010 $ 106,000 $ $ 188,000 $ $ - $ - $ $ $ - $ $ - $ - $ _ $ $ _ $ $ - $ $ - $ $ - 58 1995 Loader- Cat IT28F 1995 20 2015 $ 112,600 $ - $ $ $ - $ $ $ 228,372 $ $ - $ $ $ - $ - $ $ _ $ $ - $ $ - $ 58 1996 Grader- Cat 140H 1996 30 2028 $ 177,400 $ $ $ - $ $ - $ - $ $ - $ - $ $ $ $ _ $ - $ g - $ $ - $ 200,000 $ - 59 1996 Trailer 18' - Fellin FT 1 BWD 1996 20 2016 $ 10,200 $ - $ - $ $ - $ - $ $ $ 21,756 $ $ - $ $ - $ $ $ $ $ - $ - g - $ 60 1987 SewerJetier-SerecoTrailermount 1996 20 2016 $ 36,500 $ - $ $ - $ $ $ - $ $ $ - $ 87,474 $ - $ $ - $ $ $ - $ $ $ $ - 63 1998 Skid Steer-Bobcat 753 1996 10 2008 $ 17,850 $ $ - $ 28,450 $ $ - $ $ $ - $ $ - $ $ - $ 50,950 $ - $ $ - $ - $ - $ $ - 64 1997 Sand Pro 3000 1997 15 2012 $ 8,500 $ - $ $ 13,548 $ - $ $ $ - $ $ - $ $ $ - $ $ $ $ $ - $ 32,466 $ - $ 65 1998 Dump Truck-Ford 1996 15 2013 $ 108,000 $ $ - $ - $ $ 193,412 $ - $ $ - $ $ - $ - $ $ $ $ $ $ $ $ $ 175,000 68 1998 Dump Truck-Ford 1996 15 2013 $ 108,000 $ - $ - $ $ 182,464 $ - $ $ - $ $ $ - $ $ - $ $ $ - $ $ - $ $ 172,000 $ 69 2000 Trailer 12' -Felling FT 3 2000 20 2020 $ 2,300 $ - $ $ - $ $ $ - $ $ - $ - $ $ - $ 6,193 $ - $ - $ $ - $ $ - $ g _ 70 2000 Mower-Toro Groundsmaster325D 2000 7 2007 $ 17,500 $ $ - $ $ - $ - $ 33,220 $ - $ - $ $ - $ $ - $ 49,951 $ $ - $ $ - $ - $ - $ 17,500 71 2000 Generator - Generac 200 KUV 2000 25 2025 $ 50,000 $ - $ $ $ - $ $ - $ - $ $ - $ $ $ $ $ $ - $ - $ 160,177 $ $ - $ - 72 2000 DumpTmck-FrieghtlinerFL80 2000 15 2015 $ 108,000 $ $ - $ - $ $ - $ - $ $ 230,356 $ $ - $ $ $ $ - $ $ $ $ _ $ $ 73 2000 Roller-Beuthlin 820005talic 2000 20 2020 $ 24,850 $ - $ - $ $ - $ - $ $ - $ $ - $ $ - $ $ 70,930 $ $ - $ $ - $ $ - $ 74 2000 Sweeper-AlheyM9-D 2000 20 2020 $ 149,415 $ $ $ - $ $ $ - $ $ - $ $ - $ $ 320,000 $ $ - $ $ - $ $ - $ $ 75 2003 Mower-Toro Groundsmaster 3280 2003 7 2010 $ 17,500 $ $ 26,314 $ $ - $ - $ $ - $ $ 39,566 $ - $ $ - $ - $ $ - $ 59,492 $ - $ $ - $ 78 2003 Truck -Ford F45D wlcrane, tool box 2003 12 2016 $ 57,000 $ - $ $ - $ $ $ 106,203 $ $ - $ - $ - $ - $ $ $ $ $ _ $ $ - $ $ - 77 2005 Van -Oldsmobile 2004 10 2014 $ 19,100 $ $ - $ - $ $ 34,205 $ $ $ $ $ - $ $ - $ $ $ - $ 64,932 $ - $ $ - $ 78 2003 Picku -4 x4 Ford F150 2003 10 2013 $ 26,000 $ - $ - $ $ - $ $ 49,358 $ $ $ - $ $ - $ $ - $ - $ 83,386 $ - $ $ $ - $ - 80 2005 Pickup -4 x 4 Ford F150 2006 1 D 2015 $ 28,000 $ $ $ - $ $ - $ - $ 62,317 $ - $ $ - $ $ - $ $ - $ $ $ g3 ggp $ - $ $ _ 81 2005 Picku -4 x4 Ford F350 2005 10 2015 $ 28,000 $ - $ - $ $ - $ - $ $ 56,342 $ $ - $ $ - $ - $ - $ $ - $ $ 100,899 $ $ - $ 82 2003 Generator-Cat35KVJ 2003 2D 2023 $ 35,000 $ - $ $ - $ $ $ - $ $ - $ $ - $ $ - $ $ 105,896 $ $ - $ - $ - $ $ - 84 2005 Mower•ToroGroundsmaster328D 2005 7 2012 $ 17,500 $ $ - $ $ 29,588 $ - $ $ - $ $ - $ $ 44,458 $ - $ - $ $ - $ $ - $ 66,846 $ - $ 2000 Attach-BlowerforGroundsmaster 2000 14 2014 $ 4,660 $ - $ $ - $ $ $ 8,858 $ $ - $ $ - $ - $ $ $ $ g - $ g - $ $ - 1972 Attach-BlowerforGroundsmaster 1972 14 1988 $ 4,560 $ $ - $ - $ - $ - $ $ - $ $ - $ - $ $ - $ 13,018 $ $ - $ $ - $ $ - $ 1985 Attach-Cabs for Groundsmaster 1985 14 1999 $ 4,000 $ - $ $ $ - $ $ - $ $ - $ - $ $ - $ $ 11,417 $ - $ $ - $ $ - $ $ - 1985 Attach -Cabs for Groundsmaster 1986 14 1999 $ 4,000 $ $ $ - $ $ - $ - $ $ - $ $ - $ $ - $ $ 12,102 $ - $ $ - $ $ - $ 1985 Attach • Cabs for Groundsmaster 1985 15 2000 $ 4,000 $ $ - $ $ - $ $ $ - $ $ - $ $ 10,161 $ $ - $ $ $ - $ $ $ $ - 1988 Attach -Flail rear mower Ag Tractor 1966 16 2003 $ 6,400 $ - $ $ - $ 10,813 $ - $ - $ $ - $ $ - $ $ - $ $ $ - $ g _ $ - $ - $ 1988 Attach-Flail sidemowerA Tractor 1968 15 2003 $ 12,800 $ 22,000 $ - $ $ - $ - $ $ - $ $ - $ $ - $ $ - $ $ - $ 43,514 $ $ $ - $ - 2009 Replace 2 Sanders 2009 1D $ 18,000 $ 18,000 $ $ $ - $ $ - $ $ - $ 40,696 $ - $ $ - $ $ - $ $ - $ $ $ $ - 2003 EnginelTransmission Analysis Station 2003 15 2078 $ 4,000 $ $ $ - $ $ - $ $ - $ $ - $ 9,586 $ $ - $ - $ $ - $ $ $ $ _ $ 1995 Mower- Toro Walk 18ehintl Proline 44 1995 15 2010 $ 2,200 $ - $ 3,308 $ $ - $ $ - $ - $ - $ $ $ $ $ $ - $ $ - g $ - $ 2,200 $ 2,200 1970 Snow Thrower-John Deere 826 1970 16 1966 $ 750 $ - $ $ - $ $ - $ - $ $ - $ $ $ $ - g $ q,P69 $ - $ $ - $ $ - $ 1972 SnawThrawer-John Deere 826 1972 15 1987 $ 750 $ $ - $ $ - $ - $ $ - $ $ - $ $ - $ $ - $ 2,269 $ $ - $ $ - $ $ - 2007 DiesellFuel Trailer 500 gall 2008 25 2033 $ 13,000 $ - $ $ - $ $ $ - $ $ - $ $ g $ - $ $ $ - $ $ - $ - $ - $ 2011 Add Wing Plow 2010 15 2025 $ 20,000 $ $ - $ 20,000 $ - $ - $ $ - $ $ - $ $ $ $ - $ - $ $ - $ $ - $ $ - TOTALS $ 302,785 $ 262,174 $ 239,361 $ 222,642 $ 227,617 $ 199,435 $ 335,031 $ 252,112 $ 80,282 $ 164,164 $ 240,063 $ 326,193 $ 198,284 $ 158,844 $ 458,170 $ 290,323 $ 374,768 $ 223,455 $ 374,200 $ 339,700 Notes: "Year of Replacement" is the theoretical year for a typical service life. The actual proposed year of replacement may be longer or shorter, as shown in the body of the (able. City of Shorewood, hilinnesota ~:'~zl~itcrl Intp7•o1%er1~z+?Yt~t ,hro~t~~~'r7tt 2008 tt~,zl 2012 ®~~~~~ ~J ~~,T~~~~T~ S~~T~C~ Source 1'roject# hriorits 2005 2009 2010 2011 2012 Total _ _ Equipment Replacement Fund ~ Speed Awareness Display E-08-51 nla 10,000 10,000 Dump Truck -Ford L8000 (1988) E-09-01 n/a 172,000 172,000 Dump 1 ton - 4 x 2 Ford F-350 E-09-02 n/a 51,067 51,067 Sanders E-09-03 nla 18,000 18,000 Pickup - 4 x 4 Ford F350 E-09-04 nla 39,719 39, 719 Attach -Flail side mower Ag Tractor E-09-05 nla 22,000 22,000 Sweeper-Tennant 240 E-10-O1 nla 22,000 22,000 Tractor-Ford 3910 E-10-35 nla 39,094 39,094 Trailer 12' Tops E-10-41 nla 3,458 3,458 Groundsmaster Mower- Toro 328D E-10-57 nla 26,314 26,314 Dump Truck- Ford L8000 (1995) E-10-68 n(a 168,000 168,000 Mower -Toro Walk Behind 44 E-10-73 n/a 3,308 3,308 Ford 555 Backhoe E-11-01 nla 85,000 85,000 Flatbed - 4 x 2 Ford F350 E-11-02 nla 51,800 51,800 Adtl Wing Plow E-11-03 n/a 20,000 20,000 Trailer 24' -Trail King E-11-21 nla 23,111 23,111 Air Compressor-Ingersoll Rand 185 E-11-38 nla 17,453 17,453 Skid Steer -Bobcat 753 E-11-76 nla 28,450 28,450 Sand Pro 3000 E-11-77 nla 13,548 13,548 Mower-ToroGroundmaster328D(84) E-12-03 nla 29,566 29,566 Dump Truck -Ford E-12-04 nla 182,464 182,464 Attach -Flail rear mower Ag tractor E-12-05 nla 10,813 10,813 Equipment feplacement Fund Total 10,000 302,786 262,174 239,362 222,843 1,037,165 Genet al Fund ~ 5795 Country Club-Residence PF-09-01 nla 5,000 5,000 General Fund Total 5,000 5,000 General Obligation Iloncls ~ City Hall Renovation Project-Construction PF-08-02 1 1,185,000 1,185,000 City Hall Renovation Project -Furnishings PF-08-03 2 75,000 75,000 Phone System (VOIP or other) -City Hall Project T-09-01 1 50,000 50,000 General Obligation Bonds Total 1,185,000 125,000 1,310,000 Local Street Reconstruction ~ Harding Lane LR-09-01 1 650,500 650,500 Smithtown Lane LR-09-02 1 199,700 199,700 Nelsine Drive LR-i0-03 1 354,750 354, 750 Meadowview Road LR-10-04 1 347,900 347,900 17nu'sdar. l~c~rembcv 0-l. 'OOb' Source ~'rojeet# Prior•it}- 2008 2049 2@10 2011 2022 'Total Star Roads LR-12-03 1 623,700 623,700 Maintenance-Bituminous Sealcoating LR-12-100 nla 194,400 204,200 214,400 225,100 236,300 1,074,400 Maintenance-Bituminous Overlays LR-12-99 nla 155,700 163,500 171,600 180,200 189,200 860.200 Local Street Reconstruction Total 350,100 1,217,900 1,088,650 405,300 1,049,200 4,111,150 __ - __ :6•IS,~ Fundin„; ~ Vine Hill Road: Mill & Overlay (Shorewood portion) MSA-03-05 1 4,569,000 4,569,000 IV1SA Funding Total 4,569,000 4,569,000 J~luuicipal ~i'ater Fund ~~ Amesbury Well Controls Replacement W-07-03 n/a 145,000 145,000 Water Meter Radio Read Project W-07-05 n/a 75,000 125,000 200,000 SE Area Water Tower -painting W-08-01 n/a 457,000 457,000 Amesbury Lineshaft Well -Pull & Inspect W-08-02 nla 23,000 ~ 23,000 Woodhaven Well Bldg Demolition W-08-03 n/a 18,000 18,000 Boulder Bridge Well #2 -Pull & Inspect W-09-01 nla 24,000 24,000 di<unicipal Water Fund Total 718,000 149,000 867,000 'ark Fund ~ Badger Park-Hockey Rink Lights P-07-01 n/a 50,000 50,000 Cathcart Park -Resurface tennis Courts P-O8-03 nla 6,000 6,000 Freeman Park-Picnic Shelter Rehab P-09-02 nla 3,000 3,000 Manor Park -Resurface Tennis Courts P-09-03 nla 6,000 6,000 Manor Park Shelter Building Addition P-09-04 nla 50,000 50,000 Silverwood Park -Picnic Shelter Canopy P-09-O6 n/a 50,000 50,000 Silverwood Park Resurface 1/2 -Basketball Court P-09-07 nla 2,000 2,000 Signage -Various parks & entry paints P-09-09 n/a 30,000 30,000 Silverwood Park-Bituminous Parking Lot P-10-01 nla 18,000 18,000 Freeman Park-Wetland Enhancement P-11-02 nla 500,000 500,000 Badger Park-Tennis Court Resurface P-i1-03 nla 12,000 12,000 Cathcart Park-Swing Set Replacement P-1 i-04 nla 2,500 2,500 Cathcart Park- Picnic Shelter Canopy P-11-05 nla 50,000 50,000 Cathcart Park -Replace Hockey Rink Lights P-12-01 nla 50,000 50,000 Park Fund Total 50,000 147,000 18,000 564,500 50,000 829,500 ~Sanrtar~ Sesser Funcl Lift Station 12 Rehab-5705 Christmas Lake Pt. SS-08-01 nla 110,000 110,000 Lift Station 16 Rehab-4915 Shady Island Rd SS-DS-02 nla 104,000 104,000 Portable Lift Station Control Panel SS-08-03 nla 7,000 7,000 Lift Station 15 Rehab-4360 Enchanted Dr. SS-08-O6 nla 200,000 200,000 Lift Station 17 Rehab-5295 Shady Island Rd SS-09-01 nla 8,000 70,000 78,000 Annual Lift Station Inspect & Rehab SS-11-03 nla 25,000 25,000 25,000 25,000 100,000 Infiltration and Inflow Reduction SS-11-05 nla 50,000 50,000 50,000 50,000 50,000 250,000 Sanitary Sewer Funci Total 296,000 283,000 145,000 75,000 50,000 849,000 __- Stormr~~ater Vlanabemel~t Hunci ~ Harding Lane Drainage STM-09-01 1 97,000 97,000 77rursdgp. DErcrmberl)#, 'OU.S~ 12 Source 1'ro_jecl# T'i•iorit} 2008 2009 2010 2011 2012 'Total Lake Mary Outlet STM-09-02 1 457,000 457,000 Smithtown Lane STM-09-03 1 60,000 60,000 Meadowview Rd Storm STM-10-01 1 20,000 20,000 Nelsine Dr Drainage STM-10-02 1 16,000 16,000 6180 Murray drainage STM-i0-03 1 36,000 36,000 5925 Grant Drainage STM-10-04 1 49,000 49,000 Vine Hill Road Stormwater STM-11-01 1 556,000 556,000 Boulder Britlge Lift Station STM-12-01 1 243,000 243,000 Star Roads Stormwater STM-12-02 1 89,000 89,000 Stratford PI Drainage STM-12-03 1 30,000 30,000 Rampart Ct. Drainage STM-12-04 1 8,000 8,000 Lake South Auto Drainage STM-12-05 1 21,000 21,000 5830 Echo Rd Drainage STM-12-O6 1 33,000 33,000 6180 Chaska Rd Drainage STM-12-07 1 4,000 4,000 Vaileywood Rd. Drainage STM-19-03 1 45,000 45,000 Stormwater iVlanagement Fund Total 614,000 121,000 556,000 473,000 1,764,000 - _ - -_... ,`1'cehuoTogy/~ftice k.duipn~eul Fungi City Hall Copier & Maintenance Contract T-09-02 nla 20,000 20,000 Computer Upgrades T-11-06 3 10,000 10,000 10,000 10,000 10,000 50,000 `T'echnology/®ffise iEcTuipment Fund 'Total 10,000 10,000 30,000 10,000 10,000 70,000 (pj~gj~~ ~®'TAL, 2,619,100 2,853,686 1,664,824 6,419,162 1,855,043 15,411,815 l7~ursdaw, Dercvnhc~r 0-l, 'O(Ib' 13 City of Shorewood, IVlinnesota C'tr.~itcrl Inz~~l•~>>~rn~nt P~o~r~crm 200 t1,ru 2012 S~JT.~~a~..•31iS ~~~ ~lJ1J.~~ ~~ ~~1~7.~}~~ Source 2005 2009 2010 2011 2012 Equipment ltehlacenaent ~'uild Beginning Balance 530,572 695,572 567,786 480,612 416,250 Revenues and Other Fund Sow-ces Total Revenues and Other Fund Sources 175,000 175,000 175,000 175,000 175,000 Total Funds Available 705,572 870,572 742,786 655,612 591,250 Expenditures and Uses Total Expenditures anti Uses (10,000) (302,786) (262,174) (239,362) (222,843) Change in Fund Balance 165,000 (127,786) (87,174) (64,362) (47,843) Ending Balance Source 695,572 2005 567,786 2009 480,612 2010 416,250 2011 368,407 2012 general ®bligation ,1$uncis Beginning Balance 0 125,000 0 0 0 Revenues and Other Fund Sources Total Revenues and Other Func! Sources 1,310,000 0 0 0 0 Total Funds Available 1,310,000 125,000 0 0 0 Expenditures and Uses Total Expenditures and Uses (1,185,000) (125,000) 0 0 0 Change in Fund Balance Ending Balance 125,000 (125,000) 0 0 0 125,000 0 0 0 0 77uu.eda)~. Dece~riber Od, _'00~~~ 14 son[-ce Zoos zoo9 2010 2011 2012 ~,ocal street 12econsl[-taetiott Beginning Balance 1,291,740 1,586,640 1,068,740 680,090 974,790 Revenues and Other Fund Sources Total Revenues and Other Fund Sources 645,000 700,000 700,000 700,000 700,000 'T'otal Funds Available 1,936,740 2,286,640 1,768,740 1,380,090 1,674,790 Expenditures and Uses Total Expenditures and Uses (350,100) (1,217,900) (1,088,650) (405,300) (1,049,200) Change in Fund Balance 294,900 (517,900) (388,650) 294,700 (349,200) Ending Balance Sonrce 1,586,640 200 1,068,740 2009 680,090 2010 974,790 2011 625,590 2012 -- - -_ i~~SA ~'a~fl~di~g Beginning Balance (34,902) (34,902) {34,902) (34,902) (4,603,902) Revenues and Other Fund Sources Total Revenues and Other Fund Sources 0 0 0 0 0 `Total Funds Available (34,902) (34,902) (34,902) (34,902) (4,603,902) Expenditures and Uses Total Expendih[res and Uses 0 0 0 (4,569,000) 0 Change in Fund Balance 0 0 0 (4,569,000) 0 Ending Balance (34,902) (34,902) (34,902) (4,603,902) (4,603,902) 7'Irar_edur. L)eccmbcr !7-1, 'OOb' 15 Source 200 2009 2010 2011 2012 '!'Ittnicil~al ~S'ater Et~ntl Beginning Balance 3,629,125 2,911,125 2,762,125 2,762,125 2,762,125 Revenues and Other Fund Sources Total Revenues and Other Fund Sources 0 0 0 0 0 Total Funds Available 3,629,125 2,911,125 2,762,125 2,762,125 2,762,125 Expenditures and Uses Total Expenditures and Uses (718,000) (149,000} 0 0 0 Change in Fund Balance (718,000) (149,000) 0 0 0 Ending Balance 2,911,125 2,762,125 2,762,125 2,762,125 2,762,125 Source 200 2009 2010 2011 2012 _..__-.. ~'arlt Fc~ncl Beginning Balance 281,793 246,793 144,793 156,793 (377,707) Revenues and Other Fund Sources Total Revenues and Other Fund Sources 15,000 45,000 30,000 30,000 30,000 Total Funds Available 296,793 291,793 174,793 186,793 (347,707) Expenditures and Uses Total Expenditures and Uses (50,000) (147,000) (18,000) (564,500) (50,000) Change in Fund Balance Ending Balance Source (35,000) (102,000) 12,000 (534,500) (20,000) 246,793 144,793 156,793 (377,707) (397,707) 2008 2009 2010 2011 2012 ~'ublic Facilities F>~afltl Beginning Balance Revenues and Other Fund Sources Total Revenues and Other Fund Sources Total Funds Available Change in Fund Balance Ending Balance 209,565 259,565 309,565 359,565 409,565 50,000 50,000 50,000 50,000 50,000 259,565 309,565 359,565 409,565 459,565 50,000 50,000 50,000 50,000 50,000 259,565 309,565 359,565 409,565 459,565 l?rursdar. Utcenrb~-r D-!, 'OUS 16 Source 2008 2009 2010 2011 2012 ___ ~aaaitai•~~ ~ieave~• F'uncl Beginaaiaag Balance Revenues and Other Fund Sources Total Revenues and Other Fund Sources 3'otal Funds Available Expenditures and Uses Total Expenditures and Uses Change in Fund Balance Ending Balance Source 4,387,059 4,151,059 3,628,059 3,543,059 3,533,059 60,000 60,000 60,000 65,000 0 4,447,059 4,211,059 3,688,059 3,608,059 3,533,059 (296,000) (583,000) (145,000) (75,000) (50,000) (236,000) (523,000) (85,000) (10,000) (50,000) 4,151,059 3,628,059 3,543,059 3,533,059 3,483,059 2008 2009 2010 2011 2012 __ _ _ _-_- St®rm~vat€a- i~'laaaageaaaeaat FaQaa€I Beginning Balance Revenues and Other Fund Sources Total Revenues and Other Fund Sources Total Funds Available Expenditures and Uses Total Expenditures anti Uses Change in Fund Balance Ending Balance 322,116 422,116 208,116 187,116 (268,884) 100,000 400,000 100,000 100,000 100,000 422,116 822,116 308,116 287,116 (168,884) 0 (614,000) (121,000) (556,000) (473,000) 100,000 (214,000) (21,000) (456,000) (373,000) 422,116 208,116 187,116 (268,884) (641,884) 77rucrrlar. Uccembar (hr, 'OILS 17 Source 2008 2009 2010 2011 2012 __ ~~'llinf9lt)~~.,,~'I~~1``3dE' ~C~1i~13H?'deny a~uYl Beginning Balance 100,000 90,000 80,000 50,000 40,000 Revenues anti Other Fined Sources Total Revenues and Other Fund Sources 0 0 0 0 0 Total Funds Available 100,000 90,000 80,000 50,000 40,000 Expenditures and Uses Total Expenditures and Uses (10,000) (10,000) (30,000) (10,000) (10,000) Change in Fund Balance Ending Balance (10,000) (10,000) (30,000) (10,000) (10,000) 90,000 80,000 50,000 40,000 30,000 T7itu_«lrp~. Dc~~ember 0-l, '00n ~$ ~'ity of Shor~wood,lVlinnesota C'ct~itcll Int~rovc~rrtent Pro~!•~rn~t 200 tlirlr 2012 Source 2008 2009 2010 2011 2012 ~'quipmeBlt Replaceanent Fu;~d beginning $alance 530,572 695,572 567,786 480,612 416,250 Revenues and Other l+nnd Sources Other Fund Sources Transfers In 175,000 175,000 175,000 175,000 975,000 Totn I 175,000 175,000 175, 000 175,000 175,000 '1<'otal Revenues and (2ther Fnnd Bourses 175,000 175,000 175,000 175,000 175,000 'total Funds Available 705,572 870,572 742,786 655,612 591,250 Expenditures and Uses Capital Projects & E~a~ip~neitt Equipment Replacement Speed Awareness Display E-08-51 (10,000) 0 0 0 0 Dump Truck -Ford L8000 (1988) E-09-01 0 (172,000) 0 0 0 Dump 1 ton - 4 x 2 Ford F-350 E-09-02 0 (51, 067) 0 0 0 Sanders E-09-03 0 (18,000) 0 0 0 Pickup -4 x 4 Ford F350 E-09-04 0 (39,719) 0 0 0 Attach -Flail side mower Ag Tractor E-09-05 0 (22,000) 0 0 0 Sweeper -Tennant 240 E-10-01 0 0 (22,000) 0 0 Tractor -Ford 3910 E-10-35 0 0 (39,094) 0 0 Trailer 12' Tops E-10-41 0 0 (3,458) 0 0 GroundsmasterMower-Toro328D E-10=57 0 0 (26,314) 0 0 Dump Truck -Ford L8000 (1995) E-10-68 0 0 (168,000) 0 0 Mower -Toro Walk Behind 44 E-10-73 0 0 (3,308) 0 0 Ford 555 Backhoe E-11-01 0 0 0 (85,000) 0 Flatbed - 4 x 2 Ford F350 E-11-02 0 0 0 (51,800) 0 Add Wing Plow E-11-03 0 0 0 (20,000) 0 Trailer 24' -Trail King E-11-21 0 0 0 (23,111) 0 Air Compressor-Ingersoll Rand 185 E-11-38 0 0 0 (17,453) 0 Skid Steer -Bobcat 753 E-11-76 0 0 0 (28,450) 0 Sand Pro 3000 E-11-77 0 0 0 (13,548) 0 Mower-ToroGroundmaster328D(84j E-12-03 0 0 0 0 (29,566) Dump Truck -Ford E-12-04 0 0 0 0 (182,464) Attach -Flail rear mower Ag tractor E-12-05 0 0 0 0 (10,813) Total (10,000) (302,786) (262,174) (239,362} (222,843) 77i<<rs~trn'. nrccvnhcr Q-t, ?OOS 19 Total >Jxpenditures and Uses (10,000) (302,786) (262,174) (239,362} (222,843) Change in Fund Balance 165,000 (127,786} (87,174) (64,362) (47,843) Ending Balance 695,572 567,786 480,612 416,250 368,407 Source 2008 2009 2010 2011 2012 _ _ _ - _ _ Ge'i~e~~a1 ®bligat~art ~~ric~s Beginning Balance 0 125,000 0 0 0 Revenues and Other Fund Sources Reverure EDA Sonds 1,310,000 0 0 0 0 Total Total Revenues and Other Fund Sources 't'otal Funds Available Expenditures and Uses Capital Projects & Eguipnrerrt Public Facilities City Hall Renovation Project -Construction PF-08-02 City Hall Renovation Project -Furnishings PF-O8-03 Total Technolopy/Office Equip Phone System (VOIP or other) -City Hall Project T-09-01 Total Total Fxpenciitures and Uses Change in Fund Balance Ending Balance 1,310,000 0 0 0 0 1,310,000 0 0 0 0 1,310,000 125,000 0 0 0 (1,185,000) 0 0 0 0 0 (75,000) 0 0 0 (1,185,000) (75,000) 0 0 0 0 (50,000) 0 0 0 0 (50,000) 0 0 0 (1,185,000) (125,000) 0 0 0 125,000 (125,000) 0 0 0 125,000 0 0 0 0 17utccdar. Decenrh~~r 0~1, ?OU-i 20 Source 2008 2009 2010 2011 2012 ~.tac~l ~tre~:t I~e~onsts•aac'ridan Beginning Balanee 1,291,740 1,586,640 1,068,740 680,090 974,790 Revenues and Other Fuud Sources Other Fund Sources Transfers In 645,000 700,000 700,000 700,000 700,000 No Funds 0 0 0 0 0 `Total Revenues and Other Fund Sources `t'otal >~'unds E4vailable Expenditures and [Jses Capital Projects & Equipment Local Street Reconstruction Harding Lane Smithtown Lane Nelsine Drive Meadowview Road Star Roads Maintenance-Bituminous Sealcoating Maintenance-Bituminous Overlays Total 645,000 700,000 700,000 700,000 700,000 645,000 700,000 700,000 700,000 700,000 1,936,740 2,286,640 1,768,740 1,380,090 1,674,790 LR-09-01 LR-09-02 LR-10-03 LR-10-04 LR-12-03 LR-12-100 LR-12-99 Total 'Total Expenditures and uses Change in Funci Balance Ending Balanee 0 (650,500) 0 0 0 0 (199, 700) 0 0 0 0 0 (354,750) 0 0 0 0 (347,900) 0 0 0 0 0 0 (623, 700) (194,400) (204,200) {214,400) (225,100) (236,300) (155,700) (163,500) (171,600) (180,200) ..._ (189,200) ._....._.._......... (350,100) (1,217,900) (1,088,650) (405,300) (1,049,200) (350,100) (1,217,900) (1,088,650) (405,300) (1,049,200) 294,900 (517,900) (388,650) 294,700 (349,200) 1,586,640 1,068,740 680,090 974,790 625,590 77utrsrtnr. Decrnrbcr p-1. 'OtJ.S' 21 Stunt-ee zoos zoos zoio zolz zo~z __ __ _._ ~'IS~ Fttntli~~g Beginning Balanee Revenues and Other Fund Sources Revenue No Funds Total Total Revenues and Other Fund Sources Total Fnnds Available lxpenditures and Uses Capital Projects c& Egt~ipn~ent Municipal State Aid Streets Vine Hill Road: Mill & Overlay (Shorewood portion) MSA-03-05 Total Total lJxpenditures and 9Jses Change in Fund Balance Ending Balanee (34,902) (34,902) (34,902) (34,902) (4,603,902) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (34,902) (34,902) (34,902) (34,902} (4,603,902) 0 0 0 (4, 569, 000) 0 0 0 0 (4,569,000) 0 0 0 0 (4,569,000) 0 0 0 0 (4,569,000) 0 (34,902) (34,902) (34,902) (4,603,902) (4,603,902) 77uu~srlin, Dec<.~mhrr lid, 'OO:S 22 Source 200 2009 2010 2011 2012 __ _ _ _, 1~~Iuniciiaal ti~'a#er Fund Beginning Balance 3,629,125 2,911,125 2,762,125 2,762,125 2,762,125 Revenues anti Other Fund Sources Revenue No Funds 0 0 0 0 0 Total Revenues and Other Fund Sources `Total Funds Available Expenditures and Uses Capital Projects & Ec7eupnrent Municipal Water System Amesbury Well Controls Replacement Water Meter Radio Read Project SE Area Water Tower -painting Amesbury Lineshaft Well -Pull & Inspect Woodhaven Well Bldg Demolition Boulder Bridge Well #2 -Pull & Inspect Tota! 0 0 0 0 0 0 0 0 0 0 3,629,125 2,911,125 2,762,125 2,762,125 2,762,125 W-07-03 W-07-05 W-08-01 W-08-02 W-08-03 W-09-01 Total Total Expenditures and Uses Ohange in Fund Balance Ending Balance (?45,000) 0 0 0 0 (75,000) (125,000) 0 0 0 (457,000) 0 0 0 0 (23,000) 0 0 0 0 (18,000} 0 0 0 0 0 (24, 000) 0 0 0 (718,000) (149,000) 0 0 0 (718,000) (149,000) 0 0 0 (718,000) (149,000) 0 0 0 2,911,125 2,762,125 2,762,125 2,762,125 2,762,125 77iursdar, 1)ecembcr (IY, 'OOS' 23 Total Total Revenues and Other Fund Sources 'Total Funds Available Expenditures and 9Jses Capita( Projects & Equipment Parks Badger Park-Hockey Rink Lights P-07-01 Cathcart Park -Resurface tennis Courts P-O8-03 Freeman Park-Picnic Shelter Rehab P-09-02 Manor Park -Resurface Tennis Courts P-09-03 Manor Park Shelter Building Addition P-09-04 Silverwood Park -Picnic Shelter Canopy P-09-06 Silverwood Park Resurface 1/2 -Basketball Court P-09-07 Signage -Various parks & entry points P-09-09 Silverwood Park-Bituminous Parking Lot P-10-01 Freeman Park-Wetland Enhancement P-11-02 Badger Park -Tennis Court Resurface P-11-03 Cathcart Park-Swing Set Replacement P-11-04 Cathcart Park -Picnic Shelter Canopy P-11-05 Cathcart Park -Replace Hockey Rink Lights P-12-01 7'ota! Total Expenditures and Uses Change in Fund Balance Ending Balance 15,000 15,000 296,793 45,000 45,000 291,793 30,000 30,000 174,793 30,000 30,000 186,793 30,000 30,000 (347,707) (50,000) 0 0 0 0 0 (6, 000) 0 0 0 0 (3, 000) 0 0 0 0 (6,000) 0 0 0 0 (50, 000) 0 0 0 0 (50,000) 0 0 0 0 (2, 000) D 0 0 0 (30,000) 0 0 0 0 0 (18,000) 0 0 0 0 0 (500, 000) 0 0 0 0 (12,000) 0 0 0 0 (2,500) 0 0 0 0 (50, 000) 0 0 0 0 0 (50, 000) (50,000) (147,000) (18,000) (564,500) (50,000) (50,000) (147,000) (18,000) (564,500) (50,000) (35,000) (102,000) 12,000 (534,500) (20,000) 246,793 144,793 156,793 (377,707) (397,707) I7ru~'sdrn'. Decemhc r 0-t, 'OU S' 24 Source 200 2009 2010 2011 2012 __ __ __ ~sljl-c ~'acilitiea Fund Beginning Balance 209,565 259,565 309,565 359,565 409,565 Revenues and Other Fund Sources Other Fund So~n~ces Transferln 50,000 50,000 50,000 50,000 50,000 'Total Revenues and Other Fund Sources Total Funds Available Change in F~nid Balance Ending Balance Total 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 259,565 309,565 359,565 409,565 459,565 50,000 50,000 50,000 50,000 50,000 259,565 309,565 359,565 409,565 459,565 77ur~_ednr, lJecember flt, 'pU~S' 25 Source 200 2009 2010 2011 2012 ~iaj~~tary' ~~~vve~-.Fund Beginning Balance 4,387,059 4,151,059 3,628,059 3,543,059 3,533,059 Revenues and Other Fund Sources Revenue General Fund Debt Service 60,000 60,000 60,000 0 0 Tota( 60,000 60,000 60,000 0 0 Outer Fund Sources Stormwater Fund Transfer 0 0 0 65,000 0 Total 'T'otal Revenues and Other Fund Sources 'T'otal Funds Available Expenditures and Uses Capital Projects & Equipment Sanitary Sewer Lift Station 12 Rehab-5705 Christmas Lake Pt. SS-08-01 Lift Station 16 Rehab-4915 Shady Island Rd SS-08-02 Portable Lift Station Control Panel SS-08-03 Lift Station 15 Rehab-4360 Enchanted Dr. SS-08-06 Lift Station 17 Rehab-5295 Shady Island Rd SS-09-01 Loan To Stormwater Fund SS-09-02 Annual Lift Station Inspect & Rehab SS-11-03 Infiltration and Inflow Reduction SS-11-05 Total "Total Expenditures and Uses 0 0 0 65,000 0 60,000 60,000 60,000 65,000 0 4,447,059 4,211,059 3,688,059 3,608,059 3,533,059 (1?0;000) 0 0 0 0 (104,000) 0 0 0 0 (7, 000) 0 0 0 0 0 (200, 000) 0 0 0 0 (8, 000) (70, 000) 0 0 0 (300,000) 0 0 0 (25, 000) (25, 000) (25, 000) (25, 000) 0 (50, 000) (50, 000) (50, 000) (50, 000) (50, 000) (296,000) (583,000) (145,000) (75,000) (50,000) (296,000) (583,000) (145,000) (75,000) (50,000) Change in Fund Balance Ending Balance (236,000) (523,000) (85,000) (10,000) (50,000) 4,151,059 3,628,059 3,543,059 3,533,059 3,483,059 77un~sdm'. CJe~~enrbiv 0-f, 'OUb' 26 Source 2008 2009 2010 2011 2012 _._ _ _ __. ;'i~OB'tT3~Vat~r 1~~anll~e~t5l~i3t ~ilnC~ Beginning Balance 322,116 422,116 208,116 187,116 (268,884) Revenues and Other Fund Sources Re~>enire Rates 100:000 100, 000 100, 000 100,000 100, 000 Tota! 100,000 104,000 100,000 100,000 100,000 Other Fund Sources Transfer In from Sewer Total Revenues and Other Fund Sources 'Total Funds Available Expenditures and Uses Caprta! Projects & Equipment Stormwater Management Harding Lane Drainage Lake Mary Outlet Smithtown Lane Meadowview Rd Storm Nelsine Dr Drainage 6180 Murray Drainage 5925 Grant Drainage Vine Hill Road Stormwater Boulder Bridge Lift Station Star Roads Stormwater Stratford PI Drainage Rampart Ct. Drainage Lake South Auto Drainage 5830 Echo Rd Drainage 6180 Chaska Rd Drainage Valleywood Rd. Drainage Total Expenditures and Uses Change in Fund Balance Ending Balance 0 300,000 0 0 0 Total 0 300,000 0 0 0 100,000 400,000 100,000 100,000 100,000 422,116 822,116 308,116 287,116 (168,884) STM-09-01 0 (97,000) 0 0 0 5TM-09-02 0 (457,000) 0 0 0 STM-09-d3 0 (60,000) 0 0 0 STM-10-01 0 0 (20,000) 0 0 STM-10-02 0 0 (16,000) 0 0 STM-10-03 0 0 (36,000) 0 0 STM-10-04 0 0 (49,000) 0 0 STM-11-01 0 0 0 (556,000) 0 STM-12-01 0 0 0 0 (243,000) STM-12-02 0 0 0 0 (89,000) STM-12-03 0 0 0 0 (30,000) STM-12-04 0 0 0 0 (8,000) STM-12-05 0 0 0 0 (21,000) STM-12-O6 0 0 0 0 (33,000) STM-12-07 0 0 0 0 (4,000) STM-19-03 0 0 0 0 (45,000) Total d (614,000) (121,000) (556,000) (473,000) 0 (614,000) (121,000) (556,000) (473,000) 100,000 (214,000) (21,000) (456,000) (373,000) 422,116 208,116 187,116 (268,884) (641,884) 77rursda~~, Uerendn'r 0 t. _'OU<S' 27 Total Revenues and Other Fund Sources Total Fnnds Available Expenditures and I1ses Capita! Projects ct; Equipment TechnologylOffice Equip City Hall Copier & Maintenance Contract Computer Upgrades Total Expenditures and HJses Change in Fund Balance Ending ~alanee Total 0 0 100,000 0 0 90,000 0 0 80,000 0 0 50,000 0 0 40,000 T-09-02 0 0 (20,000) 0 0 T-11-06 (10,000) (10,000) (10,000) (10,000) (10,000) Total (10,000) (10,000) (30,000) (10,000) (10,000) (10,000) (10,000) (30,000) (10,000) (10,000) (10,000) (10,000) (30,000) (10,000) (10,000) 90,000 80,000 50,000 40,000 30,000 l'{~ucedm'. Uecentln~i' G-~, 'O(Ib~ 28 TO: Mayor and City Council FROM: Brad Nielsen DATE: 3 December 2008 RE: "Going Out of Business Sales" FILE NO. City Code (Chapter 307) At its 27 October meeting the City Council directed staff to research the City's current ordinance pertaining to businesses that go out of business. The provisions of Shorewood's Code (Chapter 307) were adopted in 1987 after the issue was first raised by Mayor Haugen. The minutes from the meeting atwhich the discussion was ilutiated are somewhat sketchy, but the Mayor seemed concerned about "misrepresentation". We still believe this occurred at the time there were a number of Oriental rug businesses, one of which was located in Shorewood, that were perpetually going out of business. An ordinance was subsequently adopted on a 4-1 vote. Fast forward to present -staff researched what other cities are doing with respect to businesses going out of business. Ordinances of sixteen cities of various sizes were examined, and oily one other city currently has a "Goizlg Out of Business Sales" ordinance -the City of Minneapolis. St. Paul has a somewhat similar, but much shorter, ordinance pertaining to "close-out sales". Comparing the Minneapolis ordinance to Shorewood's, the two are word-for-word identical. It seemed apparent that Shorewood had drafted regulations that were then. copied by Minneapolis, until we realized that Minneapolis had been at this since the mid 70's. For reasons already expressed by council members, staff suggests that the current regulations are out of date and unnecessary. At the risk of seeming presumptuous, we have prepared a draft ordinance, repealing Chapter 307. It is attached for your consideration. Cc: Brian Heck Tim Keane ~~~® PRINTED ON RECYCEED PAPER ~9E -D-R-A-F-T- CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING THE SHOREWOOD CITY CODE TO REPEAL REGULATIONS PERTAINING TO GOING OUT OF BUSINESS SALES Section 1. Chapter 307 of the Shorewood City Code is hereby repealed ii1 its entirety and amended to read as follows: "CHAPTER 307 Reserved for Future Use." Section 2. Tlus Ordinance shall be iil full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of December 2008. ATTEST: CHRISTINE LIZEE, MAYOR BRIAN HECK, CITY ADMINISTRATOR/CLERK 5/15/06 SHC tEWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ®(952} 474-3236 FAX (952) 474-0128 • www.ci.shorewood.mn.us • cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: December 1, 2008 SUBJECT: Southshore Center Lease The City Council considered this issue at their November 10`h meeting. The council requested more clarity on the maintenance responsibilities, the nature of the capital fund including the annual cost to the City of Shorewood, and financial information from the Friends of the Southshore Senior Community Center. The committee working on this project met on Wednesday, November 19 and discussed the lease and Cooperative Agreement. The committee discussed and made changes to the table outlining responsibilities, discussed development of a capital reserve fund, and amended termination language in the Cooperative Agreement. The proposed lease with the Friends changes the current arrangement such that the Cities will be responsible to repair or replace major components of the Center, such as the roof, HVAC system, siding, etc. The Cities will also be responsible for the cost of property insurance on the building. The Friends will be responsible for the day to day maintenance and repair of the building and for providing general liability insurance. The Committee changed the Cooperative Agreement by adding a section creating a Capital Reserve Fund that will be administered by the City of Shorewood. The minimum amount in this fund is $15,000 and contribution to the fund is based on the percentages used for the initial construction of the facility. Shorewood's contribution is 50%, or $7,500. The Friends will provide the initial $1.5,000 so there is no cost in 2009. There maybe costs to the capital reserve fund in the future. The committee also created an oversight board consisting of an elected official from each community to serve as the operational committee that will work with the Friends and oversee the disbursement of funds for Capital repair and replacements. Finally, the committee changed the termination provisions of the Cooperative Agreement such that if a city chooses to withdraw from the partnership, the city will only. receive their initial contribution toward the construction and will only receive those dollars upon termination and sale of the asset by the remaining communities. Attached is the budget information provided by the Friends of the Southshore Senior Community Center for 2009. The Committee recommends member councils adopt the changes to the Lease and the Cooperative Agreement and attachments. ®s r®«0 PRINTED ON RECYCLED PAPER THIRD AMENDMENT TO THE LEASE THIS THIRD AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the "Landlord") and the Friends of the Southshore Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4`f' day of March, 1996, as amended April 17, 1996, by First Amendment, and as amended the day of 19_, by second amendment, is made this _ day of December, 2008 as follows: RECITIALS, delete `~~x~~in ~ *~, ra: .... ::....... ... ....~.~b~.~,: t":,,~ ~~~~~~~ , t:" •4>ivn-vt-ciiu~c'r',~er.' As said language is no longer valid. Section 2, TERM, shall be amended to read as follows: The term of this Lease shall commence on the date of the issuance of the Certificate of Occupancy (Commencement Date) and shall terminate on the earlier of (i) December 31, 2020 -twenty five (25) years from the Commencement Date; or (ii) the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The Term may be extended by the Tenant for up to four (4) successive periods of five (5) years each commencing upon the expiration of the Term. If Landlord and Tenant disagree as to whether the useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution in accordance with Article herein. The Lease may be terminated upon the occurrence of the following: (1) insolvency or dissolution of Tenant; or (2) the decision to terminate approved in writing by the number of Cities specified in the Cooperative Agreement. Written notice of termination shall be provided to each of the Cities and to the Tenant, thirty sixt 60 days in advance of the effective date of such termination. 3. Section 4 of the Lease shall be amended to read as follows: Rent. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the term of this Lease. In addition, the Tenant may rent the facility to outside interest in keeping_with the limits and restrictions outlined in this document and shall retain the income from such rental. 4. Section 7 of the Lease shall be amended to read as follows: --- Cities a ree to rovide and kee m force Burin the term of this Lease pro ert Formatted: Bullets and Numbering and casualty insurance covering; the Premises. The insurance shall include: Fire and all risk insurance in some insurance company or companies authorized to do business in the State of Minnesota in an amount not less than the full insurable value of the building and other improvements on the Premises, and in any event with an agreed value endorsement, and to keep such insurance in full force and effect for and during the time any buildings and improvements are located on the Premises during the term of this Lease. The coverage shall include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area. For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the building not occupied by Tenant. The Tenant shall provide and maintain public liability insurance with limits of not less than $1,000,000 for injury and death to any one person, and $1,000,000 for injury or death in any one accident and insuring Landlord and Tenant, and with cross-liability endorsement covering claims by an insured against another insured. 5. Section 7 delete the portion of paragraph 5 following the word ...building, such that the amended paragraph reads as follows: Tenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. =1=enact at,`rees-tc~-pay--i}p~;;-d~~na .,,,~a;+;,,,,.,i ,,.„~ ' . , .,,. .,,~ ~ ~ o ., . tI}~rBAI 6. Section 8 Repairs and Maintenance is amended to read as follows: Repairs, Maintenance and Alterations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease based on normal wear and tear. Tenant and Landlord responsibilities are_outli_ne_d in Exhibit D as attached and incorporated hereto. ,including plowing and maintenance of the parking area referred to in Paragraph 1 above,; The Tenant agrees to return the Premises in the same condition as it was received. "^* ~: ~^+'~^"'°'^~ °~+°.';^„ The Lease agreement is amended by adding new Section 9 and shall read as follows: The Cities a~~ree to repair or replace major capital components of the Premises as provided in Exhibit D. Any improvements, expansion or structural modifications proposed to be made to the Premises by ~a~#e-~}Lthe Tenant. r~uires prior approval by the Landlord and shall become the property of the Landlord at the termination of the Lease. The Tenant agrees to provide a one time contribution of $15,000 in 2009 for initial finding of the Capital account to be maintained b~ the Cities in accordance with the Cooperative Agreement. 8. The Lease agreement is hereby amended by renumbering Sections 9-35 to 10-36. 9. Section 15 Default, previously Section 14, of the Lease agreement is amended by deleting the word "ten" and replacing it with "thirty" and the number "(10)" to "(30)". 10. Section 22 Notices, previously Section 21, of the Lease agreement is amended by deleting the name and address for Larkin, Hoffman, Daly & Lindgren and adding Malkerson, Gilliland, and Martin, LLP, 1900 U.S. Bank Plaza South, 220 South Sixth Street, Minneapolis, MN 55402. The Section is further amended to reflect the Tenant's name as "The Friends of the Southshore Community Center. I1. Section 36 Termination, previously Section 35, of the Lease agreement is amended by deleting "...thirty (30)..." and replacing it with "...ninety (90)..." 12. Section 37 Excess funds, previously Section 36, of the Lease agreement, is hereby deleted in its entirety. LANDLORD: CITY OF DEEPHAVEN By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF THE SOUTHSHORE COMMUNITY CENTER By: Its: SOUTHSHORE CENTER ATTACHMENT TO AMENDMENT 3 The following table includes, but is not limited to, those items the leaee and lesor are responsible for under the terms of the lease for the Southshore Center. Component /Equipment Friends Cities HVAC Regular Maintenance X HVAC Minor Repair X HVAC Major Repair/Replacement X Carpet Maintenance X Carpet Replacement X Kitchen Appliance Minor Repair X Kitchen Appliance Maintenance X Kitchen Appliance Replacement X Tables and Chairs X Painting interior X Wall coverings X Painting exterior X Roof Maintenance X Roof Replacement X Roof Repair X Door hardware repair X Plumbing maintenance X Plumbing fixture repair/Maintenance X Plumbing fixture replacement X Lighting Ballast repair X Bulb replacement and disposal X Fixture repair -minor X Fixture replacement X Ballast replacement X Lawn Maintenance X Garden maintenance X Sidewalk repair X Parking lot repair and maintenance X Snow Plowing X Window Repair X Window Replacement X FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT THIS FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/ COMMUNITY CENTER is made on this day of 200_, by and between the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Greenwood, a Minnesota municipal corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation (Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), (hereinafter collectively referred to as "Cities"). I. Section 2, Ownership, is hereby amended by adding the following "No member City shall use the Southshore Community Center as collateral or security for any bonded indebtedness." 2. Section 3, Funding is hereby amended to delete "...expenses of capital investments relating to the center." And replace with "...except for capital items as described in Section 4, Capital Reserve Fund." 3. Section 4, Excess Funds shall be deleted in its entirety and replaced with the following: 4. Capital Reserve Fund. The Cities shall maintain a capital reserve fund for capital maintenance and improvements as itemized in Exhibit B of the Lease Agreement. An account will be established and administered by Shorewood for the capital reserve fund. This fund will be initially established with aone-time amount of $15,000 obtained from the Friends capital reserve account. The minimum fund balance for this account will be maintained at $15,000 with annual contributions by the cities to maintain the minimum balance. Interest earnings will accrue to the fund also. The cities will contribute to the capital reserve fund annually based upon the Schedule of Capital Improvements or as needed during the year for unanticipated expenses greater than the available funds. The Cities' contributions will be determined using the percentages as specified in Exhibit A. 4. Section 6, Termination, of the Cooperative Agreement is hereby amended to read as follows: _...---. Termination: Any City may terminate its participation in this Agreement at any time (Formatted: Bullets and Numbering_ ~ __ _.. for any reason upon thirty (30) days written notice to the remaining Cities. The remaining Cities shall not have a right to object to any City's withdrawal from this Agreement. A withdrawing city will not have the right to participate in decisions relating to this Agreement. ~a,•+l a 1 ~ +l • n . + •n ,,. ,- „l+ , +1,.~ +,,,.f ,+„r _,~~ '+l .a (`'~~. .rr~d_~ o, i.a~ 1 _ mil,' „r~~•~t_j.~:3 rt, (`,,.,+~, l,,,t t1lE'~--wttl1~1'~bt'~Ing 5534085v1 '~^~~~~'°+~^~~ ^~ +"e-Ewer The withdrawing city shall receive its ori>7ina1 contribution toward construction of the center, as specified in Exhibit A, on(~fter such time that the remaining member cities dissoh=e the cooperative a>;reement and dispose of the assets. Upon termination by an~city, the remaining cities will proportionately determine the new oevnershi~/contribution percentages for Exhibit A. The remaining cities must unanimouslyapprove the new ownership/contribution percentaa,.,es. ~: At the *~~°~~~~~~~+~^~~ ^~ +''° '°°°° `°~-~~~ ^' dissolution or termination by action and approval of the Cities, the Center rna~shall be sold st~bfeet *^ +"° ~^"^~~^~~~: to a member city or a third party. The net proceeds of the sale shall be dist7•ibuted to the member cities based on the current ownership percentage as provided in Exhibit A. t,S~terevvt~Ei-BptieH. "r~,,, r•:+, „r c~.,,,.,,,,,,,,,,~ .,~tairtli2 >a,;,;~~~c}ual to their original-c-api~~il-eentrib~-Mien: F,hsre~}ee~' +~,° „ 1,;+•°,. ~a, at its +: QI _ _.,.1 ., I, ~+..Ii,,, .,+ „+o +, the r..-~iiv€ o^ v ~z a-pet'}@d-nA~tE}e}EE~'v.•1 +,,., !" 7 !11 . ^zl-yc~1) lc'-}n , b , ~, ... ], c~-~-~-Tln ' rray~„ „t-ao~a-toz~th+rd-pal'Gy fernar-let-~~ ° „+ „~ ~..~„ +„ +t,;..~~ „~+., f'errtetr~: --ate--pre.. ~' '~ • a ' " ~ ~ ~ n + ,~ a tlcciicniz"rsp• ~ • 7 N ., „++,.,.~,°,a r.,h;t,, rt_~ s:I"~Heeeds-fm,-~z-Frai+~. e~,,.,,~,a c",,,.°,,,,.,,,a °i~ ~"° '~ ~ et-i~-il-~~ •+.,~ ,,,,}+,.:1,,,+;,,., ,, ,;a 1,,, °a~ „F+-m-nc~ ciiie~r~.rh-a~l-1 ~~ €~h-ibit-t~: 5. Section 7, Dissolution, Amendment, or Termination, of this Cooperative Agreement is hereby amended by adding "...or d) dissolution of this Cooperative Agreement." 6. Section 8, Governing Law is hereby changed to Section 9. 7. The Cooperative Agreement is hereby amended by adding a new Section 8, SouthShore Center Governing Board and shall read as follows: l Formatted: Bullets and Numberin __ _ _._ _..... 9. . 5534085v1 The Cities shall establish the SouthShore Center Governing Board to provide oversight of the SouthShore Center for the Cities. The Governing Board will consist of one person from each member city as appointed by each City Council. The Governing Board appointee must be the Mayor or a Council Member from each city. The Governing Board shall perform the following functions: I. Convene at least once annually to review SouthShore Center matters and prepare contribution recommendations for the City Councils prior to the Cities' budget preparation. 2. Meet during the year as needed by special request from City Councils or City Man agers/Administrators. 3. Authorize creation of the Schedule of Capital Improvements and recommend specific capital improvement projects to the City Councils at least annually 4. Review the Schedule of Capital Improvements at least annually and make recommendations to the City Councils for necessary annual contributions 5. Review the SouthShore Center operating budget at (east annually 6. Review the list of repairs completed by tenant/s at least annually 7. Authorize annual inspection by the Building Inspector and review the Inspector's report at least annually 8. Complete other tasks as defined and agreed upon by the Cities 5534085v1 COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/COMMUNITY CENTER THIS COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/ COMMUNITY CENTER is made on this day of , 1996, by and among the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Greenwood, a Minnesota municipal corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation (Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), (hereinafter collectively referred to as "Cities"). RECITALS: FIRST: Cities desire to develop asenior/community center (Center). The Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. In addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. SECOND: Cities desire to combine resources pursuant to Minn. Stat. § 471.59 to develop and construct the Center. NOW, THEREFORE, the parties covenant and agree as follows: 1. Purpose. The parties have determined that each City is more economically and efficiently served by constructing and operating the Center together rather than each City constructing and operating its own community center. The parties agree that the Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. Such programs and activities shall be consistent with the use of the surrounding and adjoining facilities. The overall guiding principle embodied in this Agreement is the mutual desire of the parties to maximize the use of the Center by all members of the Cities' respective constituencies. 2. Ownership. The development and construction of the Center shall be financed through a pooling of resources from Cities and The Friends of the South Lake Minnetonka Senior Community Center, a Minnesota non-profit corporation with tax-exempt status pursuant to §§ 170(c)(2) and 501(c)(3) of the Internal Revenue Code of 1986 (Friends). Cities shall own the Center as tenants in common, with the ownership interest of each City proportionate to each City's investment in the Center. The amount of each City's investment and the proportionate ownership of each City is set forth in Exhibit A attached hereto which may be amended from time to time upon unanimous approval of the cities. 5534085v1 The Center shall be constructed on property conveyed by Shorewood to Cities for One and 00/100 Dollar ($1.00), and other good and valuable consideration, and which is legally described on Exhibit B attached hereto. Shorewood shall be responsible for the design and construction of the Center in accordance with the preliminary site plan and building elevation as set forth on Exhibit C attached hereto. No member City shall use the SouthShore Senior Community Center as collateral or security 'for andbonded indebtedness, 3. Fundin .All amounts due from Cities for the development and construction of the Center shall be remitted to Shorewood within sixty (60) days of the date of the execution of this Agreement by an authorized representative of each City. Shorewood shall be the finance manager and manager of the construction of the Center during the design and construction of the Center and shall establish separate books of account to monitor the payment of funds. The Cities shall be under no further obligation, pursuant to the terms of this Cooperative Agreement, to fund the maintenance, operation, programming or staffing of the Center or any other costs, except for capital items as described in Section 4, Capital Reserve Fund. 4. Capital Reserve Fund. The Cities shall maintain a capital reserve fund for capita( maintenance and. improvements as itemized in Exhibit B of the Lease Agreement. An account will he established and admi~listered by Shorewood for the capital reserve fund. This fiord will be initially established with aone-time amolmt of $15 000 obtained from the Friends capital reserve account. The minimui~n fund balance for this account will be maintained at $15,000 with anmtal contributions by the cities to maintain the minimum balance. Interest earnines will accrue to the fund also. The cities will contribute to the capital reserve fund annually based upon the Schedule of Capital Improvements or as needed during the year for unantic~ated expenses greater than the available fiords. 'fhe Cities' contributions will be determined using the pea•cenCaQes as specified in Exhibit A. ~_,^^~^ ~'~~^~'° 'r.,^^ ^^~~~^'°*~^n +. II .7 1 +L, R .d L. ,,.. o o.~,J ~+,,,.o ;.. .........,., .^.f G o Tt H~:`:f?-:l-z~fih£j--E~B/-1~gg ,~~ r-i~~t~~~c-Ind-fer-da:y-t~-~-l~~=rnai~~'n^;~-°~^'~n~s s=.~.o .e;i3c~val; resat-ine--bui-lcl-iu~~~~intenanee 5. Lease. Cities shall lease the Center to Friends (Friends' Lease). The term of the Friends' Lease shall be twenty-five (25) years and the rental rate shall be One and 00/100 Dollar ($1.00) per year and other good and valuable consideration. The Friends' Lease shall provide for four (4) renewal periods of five (5) years each. Friends shall operate and maintain the Center. Friends shall be required to pay for any and all forms of insurance to adequately insure the Center against any and all risks associated with operating and maintaining the Center, both known and unknown, including worker's compensation insurance for Center employees and general liability insurance up to the statutory limits of liability relating to the Center. Each policy shall name Cities as additional insureds. 5534085v1 By entering into this Agreement, Cities do not agree to assume any risk or responsibility for the acts or omissions relating to the operation and maintenance of the Center by Friends, or for the procurement, or failure to procure, by Friends of insurance against all insurable risks, both known and unknown, related to the Center, or for the acts or omissions of any other City. 6. Termination. Any City may terminate its participation in this Agreement at any time (Formatted: Indent: Left. 0", First for any reason upon thirty (30) days written notice to the remaining Cities. The remaining Cities ~ line. o.s~ , shall not have a right to object to any City's withdrawal from this Agreement. A withdrawing city will not have the right to participate in decisions relating to this Agreement. ~~ith<Ir=~waa 5 ~a11~~-pry^°;zing-fh^ :..~' , ,,,,-1-i^,,:~'^+;,,,, „~+',° Center .The withdrawing Lity shall receive its original contribution toward construction of the center as specified in Exhibit A, only after such time that the remainin 7 ig Wernher cities dissolve the cooperative agreement and dispose of the assets Upon termination by any cif the remaining cities will proportionately determine the new ownership/contribution~ercentages for F,xhibit A. The remaining cities must unanimousl~pprove the new ownershipicontribution percentages. _ __ _ (Formatted: Bullets and Numbering 1--_._.__ ---....__....--...._ ......................---.i At the }_: _+: °+" '_^°° +°~~ dissolution or termination by action and approval of the Cities, the Center+W~y-shall be sold : ': ~ * *^ +"° ~•"^~.~i:.5to a member City or third party, The net proceeds of the sale shall be distributed to the member cities based on the current ownershippercentage as provided in Exhibit A.: Formatted: Bullets and Numbering i ntS--E}f -pl' IiIB}pi3}- iniicr'ri^riiF2:~+ -'cr' ~tl}E3-Pi~tB-(~fftg~it-pE'l=~@ttt-(~i' ~ o-)--pe{' Tt, !'',, ,r " I.7 +„ rl. ;.•r1 a F f I, ~ 1 T., ce" ° p "r~zm-n". "~-c^rfn~dzmic-m !''"•ccrrt~'~i-ic4 pr6S-@f ` .""''~~ .^r,"m'-1-bLz-allE3Gat8d--atlEl-piHd-tC)-f}@~li-'C'1~}`-}7rE?pHi=tiHnEltE` tC) b Y'Y i ~7Dissolution Amendment Termination. The following may only be undertaken Formatted: Indent: deft o 6~° based on the written approval of two-thirds of the Cities: (a) Sale of the Center; (b) Amendment of this Agreement; o~(c) Termination of the Lease with The Friends of 55340SSv1 Southshore ' °'' °''~nl~a-Senior Community Center, or any renewal, extension, assignment or subleasing thereof or successor thereto; or d) dissolution of this Cooperative A;reement. The following may be undertaken upon written approval of a majority of the Cities: (a) Capital improvements; or (b) City directed changes in the operation of the Center. 8 Southshore Center CJovernint; Board. The Cities shall establish the SouthshoreFormatted: No underline - --- Center Governine Board to provide oversieht of the Southshore Center fir the Cities. The Governing Board will consist of one person from each member city as appointed by each City Council. "I'he Govenlin;; Board appointee must be the Mayor or a Council Member from each city. The Governing Board shall perform the following functions: 1. Convene at least once annually to review Southshore Center matters and prepare contribution recommendations for the Citv Councils prior to the Cities' budget pt_eparation. 2. Meet during the year as needed by special request from City Councils or City Managers/Administrators. 3. Authorize creation of the Schedule of Capital hnprovetnents and recommend specific coital improvement projects to the City Councils at least annually 4. Review the Schedule of Capital Improvements at least annually and make recommendations to the City Councils for necessary annual contributions 5. Review the Southshore Center operating budget at least annually 6. Review the list of repairs completed by tenant/s at least annually_ '7 Authorize annual inspection by the Building Inspector and review the Inspector's report at least annually 8. Complete other tasks as defined and a rrek,, ed upon by the Cities ;~9Governing Law. This Agreement shall be construed and enforced in accordance- with the laws of the State of Minnesota. IN WITNESS WHEREOF, the Cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay, in accordance with the authorizing resolution from their respective City Councils, have caused this Agreement to be duly executed. CITY OF DEEPHAVEN Dated: Dated: By: Its: City Clerk Treasurer By: Its: Mayor CITY OF EXCELSIOR Formatted: Bullets and Numbering Formatted: Normal Formatted: Indent: Left: 0.67" ~_ ......_::-- ___:-_ ..... _......._._.-._-J Formatted: Bullets and Numbering 5534085v1 4 By: Its: City Manager Dated: Dated: Dated: By: Its: Mayor CITY OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY Bv: Its: City (Clerk) Administrator By: Its: Mayor 5534085v1 Exhibit A City $ Contribution % Contribution Shorewood $ 311,000 50.00% Excelsior 90,812 14.60% Greenwood 24,569 3.95% Deephaven 1.39,639 22.45% Tonka Bay 55,980 9.00% $ 622,000 100.00% 5534085v1 COOPERATIVE AGREEMENT EXHIBIT B DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COMMUNITY CENTER That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision 133, according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South IS degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Said parcel contains 26,000 square feet more or less. Together with a permanent easement for parking purposes over, under and across that part of said Lots 12 and 27 described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest corner of the above described parcel and to the point of beginning of the easement to be described; thence South 00 degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds West 4.00 feet; thence South I S degrees 30 minutes 36 seconds East 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00 degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34 degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly corner of the above described parcel; thence westerly and northwesterly along the southwesterly line of said above described parcel to the point of beginning. Together with the right of ingress and egress to and from the Country Club Road. Contains 31,452 square feet more or less. 5534085vt LEASE THIS LEASE, made this day of , 1996, between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay (the "Cities"), operating under that certain Cooperative Agreement for the Southshore Senior/ Community Center dated March 4, 1996, hereinafter collectively referred to as "Landlord," and The Friends of South Lake Minnetonka Senior Community Center, a Minnesota nonprofit corporation with tax-exempt status pursuant to §§ 170(c)(2) and § 501(c)(3) of the Internal Revenue Code of 1986, hereinafter referred to as "Tenant." RECITALS WHEREAS. the Cities desire to provide a Center for use by senior citizens for education, cultural participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center widely available to all citizens and residents; and WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior citizens; and WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use, community organizations, meetings, banquets, receptions, reunions and similar public and private activities; and NOW, THEREFORE, the parties do hereby agree and covenant as set forth below: IN CONSIDERATION OF the mutual covenants and promises as hereinafter set forth, the parties agree as follows: 1. Premises. Landlord hereby leases to Tenant and Tenant takes from Landlord, subject to the terms and conditions of this Lease, a building and land situated at 5735 Country Club Road, containing approximately 26,000 square feet of space and legally described on Exhibit A attached hereto ("Premises"), together with a permanent easement for the non- exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the Premises, all of which are located on a parcel of land hereinafter referred to as the "Property." 2. Term. The term of this Lease shall commence on the date of the issuance of the Certificate of Occupancy ( 1996) ("Commencement Date") and shall terminate on the earlier of (i) December 31, 2020 the twenty-fifth (25th) anniversary of the Commencement Date; or (ii) the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The Term may be extended by the Tenant for up to four (4) successive periods of five (5) years each commencing upon the expiration of the Term. If Landlord and 5534090v1 Tenant disagree as to whether the useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution in accordance with Article 34 herein. The Lease may be terminated upon the occurrence of any of the following: (1) insolvency or dissolution of Tenant; or (2) the decision to terminate approved in writing by two-thirds of the Cities. Written notice of termination shall be provided to each of the Cities and to the Tenant, thirty-sixty (3860) days in advance of the effective date of such termination. 3. Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the al•ea. The Premises are leased for the operation of a senior/community center or such other purpose as Landlord agrees to in writing and which shall be allowable under applicable zoning and use restrictions of the City of Shorewood, County of Hennepin, State of Minnesota. Tenant shall obtain prior approval from the City of Shorewood or its designee before scheduling events in which the occupancy of the Premises exceeds one hundred (100) persons. 4. Rent. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 00/100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the term of this Lease. In addition the tenant may rent the facility to outside interests in I<eepin~ with the limits and restrictions outlined in this document and shall retain the income from such rental. 5. Taxes and Assessments. As additional rent, Tenant shall pay all of the real estate taxes and special assessments levied against the Property and any other taxes levied against the Property which shall become due and payable during the term of this Lease. In addition, Tenant shall pay any personal property taxes and all other taxes or charges levied or assessed against Tenant or the personal property or fixtures owned by Tenant. 6. Utilities. As additional rent, Tenant shall pay all the charges for al( public utility services rendered or furnished to the Premises, including, but not limited to, heat, air conditioning, water, gas, electricity and sewer, garbage or waste removal, telephone and any other expenses arising out of or incidental to the use and occupancy of the Premises. 7. Insurance. r;-c„~'a~Te~tt, TenantCities agrees to provide and keep in force during the term of this Lease property and casualty insurance covering the premises the €c~av-i~-insurance cc~verageahall include (-a-}Fire and all risk insurance in some insurance company or companies authorized to do business° ~ Formatted: Bullets and Numbering j in the State of Minnesota in an amount not less than the full insurable value of the building and other improvements on the Premises, and in any event with an agreed value endorsement, and to keep such insurance in full force and effect for and during the time any buildings and improvements are located on the Premises during the term of this Lease. The coverage shall 5534090v1 include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area. For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the building not occupied by Tenant. -}The Tenant shall provide and maintain Ppublic liability a+~~l--p~p~'y ~ Formatted; Indent pert o s" -- _ _ _ _ , insurance with limits of not less than $1,000,000.00 for injury and death to any one person, and $1,000,000.00 for injury or death in any one accident or occurrence including property damage, insuring Landlord and Tenant, and with across-liability endorsement covering claims by an insured against another insured. All policies required by this paragraph shall be carried in such companies as reasonably approved by Landlord and Tenant. All such policies shall not be subject to cancellation or material modification except after thirty (30) days written notice to Tenant, Landlord and Landlord's mortgagee, if any, and each policy shall so provide. All policies required hereunder shall be obtained by Tenant. Tenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. ~'en~tnt. agrees-te-pay-upon-der~~-and; as-additic~~al--rep-K-a~~~-ifiisrease-in e arse^:^~„~' ..,;"'' "''° bus~n~s-~ri~~-e~~-in-the-pre>~-ices-by-Tef~ormat~rials-stared-th~etiri-er As and if required due to failure of Tenant to act, Landlord shall purchase all insurance as set forth in this Lease. Tenant shall immediately reimburse Landlord fot• the cost of said insurance. Tenant shall make monthly payments in an amount which is sufficient to pay the next annual insurance premium when said premium is due. Landlord shall not be required to pay any interest on amounts escrowed pursuant to this provision. 8. Repairs, Maintenance and Alterations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease based on normal wear and tear. Tenant and landlord responsibilities listed in Exhibit D of this lease attached and incorporated hereto, including plowing and maintenance of the parking area referred to in Paragraph l above. The Tenant agrees to return the faeility in the condition it was received. -- 9. The Cities agree to replace or repair sh^';i or replace major capital (Formatted: Bullets and Numbering components of the Premises as ~ovided in Exhibit D. ,. the-~e-=rte-e{~1-iis-l=ease-it}-the--sa~~--c-encl-itien--a^S-rtes--r~~ed~-rease~talL~vear-~x;ici- ea Any improvements, expansion or structural modifications proposed to be made to the Premises nlaele-by the Tenant to-th~~•~~:-i:~~s-re wires 5534090v1 approval by the Landlord and shall become the property of the Landlord at the termination of the Lease. The Tenant a Treg es to provide a ane-time contribution of $15,000 in ?009 for initial funding Ut ~ Formatted: Normal the capital account to be maintained by the Cities in accordance with the Cooperative Agreement. X10. Compliance with Laws and Regulations. Tenant shall comply with all StatUteS,'Formatted: Bullets and Numbering ___ - _.. ordinances, rules, orders, regulations and requirements of al( federal state, city and local governments and their agencies. -1-A:11. Si;?ns. Tenant shall have the right to install and maintain signs advertising Tenant's business, provided the signs conform to law and to the requirements of all appropriate governmental authorities and are located in areas designated by Landlord and the design, size and color of said signs are approved by Landlord in its reasonable judgment. ~--1-12. Eminent Domain. If the Premises, or so much of the Premises as to render the remainder unsuitable for Tenant's purposes, is taken by any public authority under its power of eminent domain, or by private purchase in lieu thereof, then this Lease shall terminate upon the date possession of the Premises is surrendered. All damages and awards shall be made to the Landlord. If less than the entire Premises is taken and Tenant's business is not interfered with thereby, Landlord shall restore or rebuild the remaining portion to render it reasonably suitable for Tenant's purposes, and this Lease shall continue for its full term. Nothing in this paragraph, however, shall be construed to permit the abatement in whole or in part of any charges or obligations of Tenant. ~?13. Destruction of Premises. Tenant shall give immediate notice to Landlord of any damage to or destruction of the Premises. If the Premises are either totally or partially destroyed by fire or other casualty, the Lease shall terminate unless otherwise agreed to in writing by Landlord. X14. Subleasing or Assi ng ment. Landlord reserves the right to assign this Lease at any time, Tenant may sublease, sell, assign or transfer any part of its interest in this Lease or its term only with the prior written consent of Landlord. In any event, upon the making of a sublease or assignment of its interest, Tenant shall remain liable on all its obligations hereunder unless expressly released therefrom by written notice signed by Landlord. -1-15. Default. The following shall each be deemed to constitute a default by Tenant and a breach of this Lease: (a) Failure to pay when due the rent or any part thereof, provided in Paragraphs 4 through 7. (b) Failure to perform all other terms, covenants and conditions of this Lease required to be performed by Tenant, within ten-thi y (-1-930) days after notice of breach and request for performance is given by Landlord. 5534090vt (c) The abandonment of the Premises by Tenant, the adjudication of Tenant as a bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, the appointment of a permanent receiver or trustee in bankruptcy for the property of Tenant, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment. (d) Failure of the Tenant to use the Premises as provided in Paragraph 3. ~1 G. Termination for Default. In the event of default by Tenant, Landlord Shall have° (Formatted: Bullets and Numbering the right to cancel and terminate this Lease without notice and to institute appropriate proceedings to recover possession of the Premises. This right is in addition to and cumulative of any other right or remedy Landlord may be given under this Lease or by applicable law. Landlord may recover possession of the Premises without terminating this Lease. Failure or refusal of Landlord to terminate this Lease in the event of default shall not be deemed to be a waiver of its right to terminate this Lease at any time for said default or any subsequent default by Tenant. X17. Delinquent Rental and Other Charges. Notwithstanding any other remedy which Landlord may pursue, if Tenant defaults, in whole or in part, in the payment of rent, taxes, assessments, utilities, insurance, or any other charges, Landlord may obtain judgment for any unpaid rentals and other charges which have become payable, or which may thereafter become payable; Tenant agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by Landlord in collecting such rent and/or other charges. X18. Breach of Covenants. Notwithstanding the existence of any other remedy which Landlord may pursue, if Tenant defaults in any of its obligations arising out of this Lease, Landlord shall have the right to pay said obligation and Tenant hereby agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by it in protection of its interest hereunder, and Tenant agrees to pay interest at the rate of ten percent (IO%) per annum to Landlord on all costs and expenses incurred, commencing with the date of notice to Tenant of Landlord's discharge of any of its obligations. -1-19. Indemnification. The Tenant agrees to indemnify and save harmless the Landlord from any and all claims by and on behalf of any persons, firms or corporations, arising from the conduct or management of, from any work or thing whatsoever done by or on behalf of the indemnifying party in or about, or its activities upon or occupancy of, the Premises during the term of this Lease, and will further indemnify and save the other party harmless against and from any and all claims arising from any breach or default on the part of the indemnifying party in the performance of any covenant or agreement on the part of such indemnifying party to be performed pursuant to the terms of this Lease, or from any violation or failure to comply with any law, ordinance or regulation, or from any act or negligence of such party, or any of its agents, contractors, servants, employees, licensees, or invitees or arising from any accident, injury or damage whatsoever caused to any person, fur or corporation, occurring during the term of this Lease, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in 5534090v1 case any action or proceeding be brought against the one party by reason of any such claim, the indemnifying party upon notice from the indemnified parry covenants to contest or defend such action or proceeding by counsel reasonably satisfactory to the indemnified party. -1-9:20. Quiet Enjoyment. Landlord covenants that Tenant, upon payment of rent and all other sums due Landlord and upon performance by Tenant of the terms, conditions and covenants of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the entire term of this Lease; Landlord further covenants that it has good right to make this Lease for its entire term. 2.&21. Right of Inspection. Landlord shall at all times have the right to enter upon the Premises to inspect its condition, and at its election, to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require Landlord to make such repairs, and Landlord shall not be liable to Tenant, or any other person or persons, for failure or delay in making said repairs, or for damages or injury to person or property caused in or by the making of such repairs, or the doing of such work. Landlord shall have the right during the last sixty (60) days of the term of this Lease to advertise the Premises for rent and to place and maintain on the Premises the usual notices and to show the Premises to prospective tenants. 2-1-22. Notices. All written notices required shall be given by certified mail to the parties at the addresses stated below: If to Landlord: City Clerk City of Deephaven 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Excelsior 339 Third Street Excelsior, MN 55331 City Clerk City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 City Clerk City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 5534090vt With a Copy to: -ASK-ICJ-I~nc~ ~~-~-:n^s r n n r v v, r rArnr:n art r +~ 7-908~erx-C.~A 4~s If to Tenant: The Friends of SouthShore Senior Comnulnity Center I:z~lce Min~~etenkc~ Sereit~r ~ --- -J °°°°^ `a~il~;zTom Anderson 10709 Wayzata Blvd, Suite I 1 I Minnetonka, MN 55305 ~?23. Subordination. Tenant hereby agrees that this Lease shall be subordinate to they (`Formatted: Bullets and Numbering lien of any mortgage hereinafter imposed upon the Premises by Landlord. Tenant also agrees to execute an estoppel certificate in reasonable form and substance if requested by Landlord or any mortgagee with respect to this Lease. X3:24. Holding Over. Upon termination of this Lease, Tenant shall vacate the Premises. If Tenant continues in possession of the Premises after termination, the tenancy of Tenant shall be from month to month only, and all other terms and conditions of this Lease shall remain in full force and effect. X4:25. Bindin E~ ffect. Except to the extent otherwise provided herein, this Lease and the terms, conditions and covenants contained herein shall be binding upon and inure to the benefit of Landlord and Tenant, and their respective successors, heirs and legal representatives and assigns. X26. Governing Law. This Lease shall be construed under and governed by the laws of the State of Minnesota. X27. Severability. In the event any provision of this Lease shall be found invalid or unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall continue in full force and effect pursuant to their terms. X28. Entire Agreement. This Lease contains the entire agreement between the parties, and any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof unless the amendment is in writing and signed by the party against whom enforcement is sought. 3&:29. Attorneys' Fees. If Landlord has to enforce any term or provision of this Lease, including but not limited to any unlawful detainer proceeding, Landlord shall be paid its reasonable attorneys' fees, costs and disbursements by Tenant and said monies shall be deemed additional rent due under this Lease. 39:30. Rent. All monies due from Tenant under the terms and conditions of this Lease shall be deemed to be additional rent due under this Lease. 5534090v1 ~-8:31. Tenant Improvements. Any improvements made by Tenant to the Premises, except trade fixtures, shall become the property of Landlord at Landlord's option at the termination of the Lease. If Landlord does not choose to own said improvements at the termination of the Lease, Tenant shall remove said improvements at Tenant's sole cost and expense. -I:32. Net Lease Intended. It is the intention of the parties that Landlord shall receive the cash rental specified herein as net rental, free from all taxes, charges, expenses, damages and deductions of every description, except as set forth herein. Under no condition shall the Landlord be required to make any payment of any kind whatsoever or be under any obligation or liability hereunder, except as herein expressly set forth. X33. Waste; No Liens. Tenant agrees not to do or suffer any waste to the Premises, or cause, suffer or permit any liens to attach to or to exist against the Premises by reason of any act or omission of Tenant or persons claiming through Tenant or by reason of its failure to perform any act required of it hereunder and Tenant shall not permit the Premises to be used for any illegal purpose. Provided, however, Tenant shall not be required to pay or discharge any lien against the Premises so long as Tenant has given Landlord notice of its intent to contest such lien and Tenant is in good faith contesting the validity or amount thereof and has given to Landlord such security as Landlord has reasonably requested to assure payment of such lien and to prevent the sale, foreclosure or forfeiture of the Premises by reason of non-payment. On final determination of the lien or claim of lien Tenant shall immediately pay any judgment rendered, and all costs and charges, and shall cause the lien to be released or satisfied. Tenant shall not use or permit the use of the Premises in any manner which would result or would with the passage of time result in the creation of any easement or prescriptive right. Tenant shall not use or occupy the Premises, or knowingly permit them to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain fire or other insurance thereon required to be furnished hereunder at Tenant's expense, or which would cause structural injury to the improvements or cause the value or usefulness of the Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. X34. Headings. The headings used in this Lease are for convenience only and shall not have any bearing or meaning with respect to the content or context of this instrument. 31L:35. Dispute Resolution. In the event the parties to this Agreement cannot agree on the proper method of conducting business or operation, improvement and maintenance of the Premises, the parties or outside parties may submit the issues for resolution in the following order: First, as a grievance to Tenant with a recommended course of action or a grievance of Tenant to Landlord with a recommended course of action; and SS34090v1 Second, grievance submitted to a panel consisting of a representative of Tenant and a representative selected by each City comprising the Landlord; and Third, grievance submitted to the same panel described above in mediation with a mediator from West Suburban Mediation Services or a mediator agreed on by the parties. The cost of mediation services shall be shared equally by all parties. 336. Termination. Landlord shall have the right to terminate this Lease without cause Formatted: Burets and Numbering upon t-Iii+=ty-sixty (3860) days written notice to the Tenant. tn•pose-et-reth~ ~S;OAO ~~,~" ~,° ^,'~, ,;•',^..t-tie-approval--ef-a--tNgjori~y-e the,--Cities. "I`Ii;T-rest,=;~e -i~~-~>t 37. Limitation on Right of Recovery Against Landlord. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to its interest in the Premises and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Premises. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Premises and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns including any Mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under this Lease. 38. Permits. Tenant shall diligently seek and, upon issuance, maintain in force and effect all permits, licenses, and similar authorizations to use the Premises for the purposes set forth herein required by any governmental authority having jurisdiction over the use thereof. Landlord shall, at Tenant's request, join with Tenant in executing, acknowledging, and delivering any and all petitions, consents, applications, approvals, reviews, easements, or similar documents that may be required for the installation of any improvements, utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use, platting, or other similar development, construction and operation of the Premises. IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as of the date first above written. CITY OF DEEPHAVEN Dated: Bv: Its: City (Clerk) Administrator 5534090v1 By: Dated: Its: Mayor CITY OF EXCELSIOR By: Dated: Its: City Manager By: Dated: Its: Mayor CITY OF GREENWOOD By: Dated: Its: City (Clerk) Administrator By: Dated: Its: Mayor CITY OF SHOREWOOD By: Dated: Its: City (Clerk) Administrator By: Dated: Its: Mayor CITY OF TONKA BAY By: Dated: Its: City (Clerk) Administrator Dated: By: Its: Mayor 5534090x1 10 TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER By: Its: 5534090v1 II LEASE AGREEMENT EXHIBIT A DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COMMUNITY CENTER That part of Lot 12, Block 2, ECHO HILLS 2ND ADDITION, and of Lot 27, Auditors Subdivision 133, according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Said parcel contains 26,000 square feet more or less. Together with a permanent easement for parking purposes over, under and across that part of said Lots 12 and 27 described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest corner of the above described parcel and to the point of beginning of the easement to be described; thence South 00 degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds West 4.00 feet; thence South I S degrees 30 minutes 36 seconds East 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00 degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34 degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly comer of the above described parcel; thence westerly and northwesterly along the southwesterly line of said above described parcel to the point of beginning. Together with the right of ingress and egress to and from the Country Club Road. Contains 31,452 square feet more or less. 5534090v1 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonl<a Bay (the "Landlord") and the Friends of the South Lal<e Minnetonka Senior Community Center (tile "Tenant") for the Southshore Senior/Community Center (the "Center") dated the day of 1996 (the "Lease") is made this day of , 1996, as follows: At least 60 days prior to commencement of construction of the Center, Tenant shall prepare proposed rules and procedures for the use and operation of the Center and shall submit them to Deephaven for review and approval. If Tenant and Deephaven are unable to agree upon the rules and procedures, the disagreements shall be addressed in the manner provided in Section 34 of this Lease. If Tenant wishes to amend or modify the rules and procedures it shall submit the changes to Deephaven for review and comment. LANDLORD: CITY OF DEEPHAVEN CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CIT Y OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: Mayor By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER By: Its: 5534090v1 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the "Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the 4`]' day of March, 1996, as amended April 17, 1996, by First Amendment, (the "Lease") is made this day of , 20 as follows: 1. The name of the Tenant shall be corrected to read: Friends of the Southshore Senior Community Center. 2. The first sentence of paragraph 7.) (b) of said Lease is amended in its entirety to read as follows: "Public liability and property damage insurance with limits of not Less than $1,000,000.00 for injury and death to any one person, and $1,000,000.00 for injury or death in any one accident or occurrence including property damage, insuring Landlord and Tenant, and with across-liability endorsement covering claims by an insured against another insured." LANDLORD: CITY OF DEEPHAVEN CITY OF SHOREWOOD By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF GREENWOOD By: Its: City (Clerk) Administrator By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF TONKA BAY By: Its: City (Clerk) Administrator By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MINNETONKA SENIOR COMMUNITY CENTER 5534090v1 By: Its: Mayor By: Its: 5534090vi Friends Of the South Shore Center Operating P/L: YTD October 2008, Y/E Forecast 2008 & Y/E Forecast 2009 Income OCT YTD 2008 Y/E Forecast 2008 Y/E Forecast 2009 Y/E Forecast W/O Lease &MCE W Lease &MCE Cities Subsidy 2008 $ 42,752.00 $ 50,000.00 $ - $ - Donations $ 10.00 $ 12.00 $ 12.48 $ 12.48 Fundraising Bridge Acct $ 100.00 $ 120.00 $ 124.80 $ 124.80 Concert $ 3,760.00 $ 4,512.00 $ 4,692.48 $ 4,692.48 Be a Friend $ 10,000.00 $ 10,000.00 Friends Income $ 535.00 $ 642.00 $ 667.68 $ 667.68 Raffle Income $ 988.00 $ 1,185.60 $ 1,233.02 $ 1,233.02 South Shore SP $ 12,000.00 $ 12,000.00 Total Fundraising $ 5,383.00 $ 6,459.60 $ 28,717.98 $ 28,717.98 Interest Income $ 1,716.76 $ 2,060.11 $ 2,142.52 $ 2,142.52 Otherlncome $ 100.00 $ 120.00 $ 124.80 $ 124.80 Room Rental $ 25,629.00 $ 30,754.80 $ 30,447.25 $ 30,447.25 Unclassified Deposits $ 4,830.57 $ 5,796.68 $ 6,028.55 $ 6,028.55 Total Income $ 80,421.33 $ 95,203.20 $ 67,473.58 $ 67,473.58 Expense Advertsing $ 54.86 $ 65.83 $ 68.47 $ 68.47 Bank Charge $ 150.00 $ 180.00 $ 187.20 $ 187.20 Concert $ 1,200.00 $ 1,440.00 $ 1,497.60 $ 1,497.60 Custodial (Operations) $ 6,044.94 $ 7,253.93 $ 6,891.23 $ 6,891.23 Custodial (Rental) $ 2,575.00 $ 3,090.00 $ 3,213.60 $ 3,213.60 Damage deposit $ 970.00 $ 1,164.00 $ 1,210.56 $ 1,210.56 Damage Deposit Expense $ 380.00 $ 456.00 $ 474.24 $ 474.24 Insurance $ 4,658.00 $ 5,589.60 $ 5,813.18 $ 1,162.64 Miscellaneous $ 8,521.96 $ 10,226.35 $ 10,635.41 $ 3,190.62 Other $ 25,737.00 $ 50,000.00 $ 52,000.00 $ 24,761.90 Payroll $ 3,400.00 $ 4,080.00 $ 4,080.00 $ 4,080.00 Repairs/Maintenance $ 3,824.15 $ 4,588.98 $ 4,588.98 $ 4,588.98 Supplies $ 1,206.42 $ 1,447.70 $ 1,505.61 $ 1,505.61 Utillities $ 11,212.62 $ 13,455.14 $ 12,782.39 $ 12,782.39 Website $ 1,500.00 $ 1,800.00 $ 1,800.00 $ 1,800.00 Total Expenses $ 71,434.95 $ 104,837.54 $ 106,748.47 $ 67,415.04 Net Income $ 8,986.38 $ (9,634.34) $ (39,274.88) $ 58.54 Note: 1) City Subsidy gone in 2009 and beyond 2)" Other" Reduction Dependant on MCE arrangement 3) Be a Friend Campaign (Approx $10K) will appear in 2009 4) South Shore Senior Partners (Former Senior Advisors that were part of SCS) support fund raising efforts 5) Five % reduction in Utility Charges 6) Re struction custodial contract SF OREWOOD 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MfNNESOTA 55331-8927 ®(952} 4-74-3236 FAX (952) 474-0128 ° www.ci.shorewood.mn.us ° cityhall@ci.shorewood.mn.us MEMORANDUM TO: City Council FROM: Brian Heck, City Administra r DATE: December 1, 2008 SUBJECT: Legal Services Letter of Engagement The Council voted to appoint Kennedy and Graven as the new legal firm for the City at the November 10, 2008 meeting. The individual from Kennedy and Graven who will serve as the City Attorney is Mary Tietjen. The Council requested a written agreement on the terms of the appointment. Mary provided a letter of engagement. I reviewed the letter and discussed it with Mary. The letter covers the items in the RFP and is consistent with the proposal Mary submitted. The retainer for general routine legal services, as outlined in the letter and consistent with the proposal, is $1,500 per month. Other non-routine legal services, the hourly rate applies. The hourly rate is also consistent with the proposal Mary submitted. Staff recommends the Council approve the letter of engagement and authorize the Mayor and Administrator to sign the letter ,~° as ~®a® PRINTED ON RECYCLED PAPER MARY D. TIETJEN Attorney at Law Direct Dial (612) 337-9277 Email: mtietjenakennedy-graven.com December 1, 2008 Mayor Christine Lizee and Members of the City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8926 Re: Municipal Legal Services Dear Mayor Lizee and City Council Members: This letter is intended to serve as a memorandum of understanding concerning the scope of legal services to be provided by Kennedy & Graven, Chartered (the "Firm") to the City of Shorewood (the "City") and the fees which will be charged for such services. 1. The City appoints the Firm as city attorney, with Mary Tietjen acting as city attorney with respect to the services described in this letter. 2. The city attorney agrees to perform all usual and customary civil legal services for the City as follows: a) Routine legal work shall be provided under a retainer, including attendance at regular and special council and advisory commission meetings; routine drafting and review of ordinances, resolutions and correspondence; advising the city council, city administrator and staff on routine legal matters; review of routine municipal contracts, including contracts for public improvements, joint powers agreements, construction and purchase of equipment; routine advice on matters related to enforcement of the building, housing and zoning codes; legal briefings regarding new or proposed legislation affecting municipal operations and activities; advice on open meeting and data practices/privacy matters; and routine advice on municipal employment matters. Compensation for the retainer in 2009 shall be $18,000 (annualized), payable in equal monthly installments of $1,500. b) Legal work of anon-routine nature not covered by the retainer shall be compensated at an hourly rate. Work outside of the retainer shall include: (1) litigation matters, including actions, suits or proceedings in all courts and before any administrative boards, tribunals, arbitrators, or hearing officers; (2) real estate matters, including land acquisition by negotiated purchase or eminent domain and 343669v1 MDT KG400-11 Mayor & City Council Ltr November 26, 2008 Page 2 advice concerning environmental law issues; (3) matters involving utilities or telecommunications regulation; and 4) other matters determined not be "routine legal work." Worlc of anon-routine nature shall be billed at an hourly rate of $145 for attorneys with fewer than 10 years of experience; $165 for attorneys with 10 or more years of experience; $95 for paralegals; and $75 for law clerks in 2009. c) The development rate, as described in the Firm's proposal to the City, will apply to the negotiation and preparation of subdivision and related agreements and representation of the City or Economic Development Authority with respect to tax increment, development or redevelopment matters for identified projects. This work shall be billed at an hourly rate of $175 for attorneys with fewer than 10 years of experience; $200 for attorneys with 10 or more years of experience; $100 for paralegals; and $85 for law clerks in 2009. The hourly rate is billed for all services provided to the City, including phone calls, intra- office conferences, client conferences, legal research, etc. Travel time and mileage are charged based on the shorter of the two alternatives: travel time and mileage from the Minneapolis office; or travel time and mileage from the point of departure, if different from the Minneapolis office (e.g., the attorney's home or another client's office). Hourly rates shall be adjusted annually by letter supplement. The amount of the retainer and the volume of work performed thereunder shall be reviewed and adjusted at the time of adjustment of the hourly rates. 3. The Firm shall also be reimbursed for any costs and disbursements which it incurs in connection with providing any of the services described in paragraph 2 of this letter. Reimbursable costs and disbursements shall be actual costs without amark-up and shall not include charges for secretarial or word processing services. Costs and expenses advanced by the firm for the benefit of the City, including filing fees, process service fees, court reporter fees, courier fees, facsimile, photocopying, postage and computer research charges shall be billed. Billings by the Firm to the City for services, costs and disbursements shall be made monthly. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney performing them, the time spent on each such task and the nature and the extent of costs and disbursements. The statement shall also show the total time spent and the fees. 4. In instances in which the Firm is authorized to act as approving bond counsel, fees for services rendered by the Firm in such capacity shall be those usually and customarily charged by the Firm for such services. 5. It is the intention of the parties that Mary Tietjen will perform, supervise and be responsible to the City for the legal services herein agreed upon, except in the case of 343669v1 MDT KG400-I1 Mayor & City Council Ltr November 26, 2008 Page 3 extraordinary circumstances involving disability, unavoidable conflict or other good and substantial reasons. Other Firm attorneys may from time-to-time be directed to perform services described in this letter under the supervision of Mary Tietjen. The Firm shall not assign any attorney not satisfactory to the City to perform services for the City. 6. The Firm agrees that it will not undertake the representation of any person or other entity during its appointment as city attorney in instances where such representation may create a potential conflict of interest, unless: a) the Firm reasonably believes the representation will not adversely affect its relationship with the City; and b) the City and such other person or entity have consented after consultation. 7. The Firm agrees that it will not, during its appointment as city attorney, undertake the representation of any elected official of the City in connection with any personal legal matter of such person, and will not during such appointment, absent the consent of the city council, undertake the representation of any other employee of the City. 8. The provisions of this letter shall be deemed to be automatically extended from year-to- year or extended with such modifications or adjustments as the City and the Firm may agree to from time to time. KENNEDY & GRAVEN, CHARTERED By Mary D. Tietjen The provisions of this letter are understood and accepted. Dated: , 2008 By CITY OF SHOREWOOD By Christine Lizee, Mayor Brian Heck, City Administrator-Clerk 343669vi MDT KG400-11 ~' E ~~ r-~. 5755 COUNTRY CLUB ROAD ®SHOREWOOD, MINNESOTA 55331-8927 ~ (952) 474-3236 FAX (952) 474-0128 a www.ci.shorewood.mn.us ®cityhali@ci.shorewood.mn.us -n°'" .. 9 ~ ~ a ~ MEMORANDUM TO: Mayor and City Council Brian Heck, City Administrator FROM: James Landini, City Engineer `~ DATE: December 04, 2008 RE: Illicit Discharge Ordinance. As part of the SWPPP armual report for the City of Shorewood, we reported the illicit discharge regulatory mechanism to be adopted by 12/31/08. The draft model ordinance was discussed at the October 27, 2008 Council meeting and the 2"a draft discussed at the November 24, 2008 Council meeting. The proposed final draft illicit discharge ordinance is attached for your adoption. The City Attorney has reviewed the proposed Ordinance and comments are incorporated. Recommendation Staff recommends: Approval of an Ordinance Amending Title 900, adding Chapter 907 of Shorewood City Code Relating to Illicit Discharge into Stormwater System; ~~ ~ ~ ~~ ~ ~®~~ PRINTED ON RECYCLED PAPER City of Shorewood ORDINANCE NO. AN ORDINANCE AMENDING TITLE 900 OF THE SHOREWOOD CITY CODE ADDING CHAPTER 907 ILLICIT DISCHARGE INTO STORMWATER SYSTEM THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Title 900, of the Shorewood City Code shall be amended to add Chapter 907 as follows: 907.01 Purpose/hltent 907.02 Definitions 907.03 Applicability 907.04 Responsibility for Admiiustration 907.05 Severability 907.06 Discharge Prohibitions 907.07 BMP 907.08 Notification of Spills 907.09 Enforcement 907.10 Appeal of Notice of Violation 907.11 Cost of Abatement of the Violation 907.12 Remedies Not Exclusive 907.13 Adoption of Ordinance 907.01 PURPOSE/INTENT. The purpose of this Ordinance is to reduce non-stonll water discharges to the Municipal Separate Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Ordinance are: (1) To minimize pollutants into the MS4 (2) To prohibit Illicit Connections and Discharges to the MS4 (3) To establish legal authority to carry out compliance with this Ordinance 907.02 DEFINITIONS. For the purposes of this Ordinance, the following shall mean: Authorized Enforcement A,~~ the City of Shorewood designated to enforce this Ordinance. Best Management Practices (BMPs~ Pollution prevention practices, maintenance procedures, and other management practices to reduce the discharge of pollutants to stone water, receiving waters, or stone water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, disposal, or drainage from raw materials storage. Hazardous Materials. Those materials which because of their quantity, concentration, or physical, chemical, or infectious characteristics are a hazard to human health, safety and property when improperly disposed of. Illegal Discharge. Any direct non-storm water discharge to the stone drain system of pollutants or hazardous materials. Illicit Comlections. An illicit colmection is any drain or conveyance causing an illegal discharge to enter the stone drain system or colmected to the stone drain system which has not been approved by an authorized enforcement agency. Non-Stone Water Dischar.~e. A discharge into the stone drain system that is not normal stoln7 water. Pollutant. Pollutants are: paints, varnishes, and solvents; oil and other automotive fluids; hazardous substances, concrete washout, and wastes. Stone Drainage S s~ Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting of natural precipitation and resulting from such precipitation. Stormwater Polhition Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by government to reduce pollutant discharges to Stormwater, Stornzwater Conveyance Systems, and/or Receiving Waters. 907.03 APPLICABILITY. This Ordinance shall apply to all run-off entering the storm drain system. 907.04 RESPONSIBILITY FOR ADMINISTRATION. The City shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted or duties imposed upon the City maybe delegated in writing by the City Council to persons or entities including the Miimehaha Creek Watershed District. 907.05 SEVERABILITY. The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. 907.06 PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged into the muunicipal stornl drain system or watercourses any pollutants or hazardous materials that cause or contribute to a violation of applicable water quality standards. 907.07 BEST MANAGEMENT PRACTICES. The City may adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stornl water, the storm drain system, or waters within its borders. 907.08 NOTIFICATION OF SPILLS. Any person having information of any known or suspected illegal discharges shall notify the City. 907.09 ENFORCEMENT. Upon finding that a person has violated a prohibition of this Ordinance, the City may order compliance by written notice of violation to the responsible person. Such notice may require reasonable mozutoring, analysis and remediation by a specified deadline. 907.10 APPEAL OF NOTICE OF VIOLATION Any person receiving a Notice of Violation may appeal the detel-~nination of the authorized enforcement agency. The notice of appeal must be received within ten (10) days fiom the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 30 days from the date of receipt of the notice of appeal. The good citizens of Shorewood retain all legal rights guaranteed by the United States and Minnesota Constitution to pursue all appeals and rights to due process. 907.11 COST OF ABATEMENT OF THE VIOLATION The property owner shall inclrr all costs to cease violating the provisions of this Ordinance. 907.12 REMEDIES NOT EXCLUSIVE The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City to seek cumulative remedies. 907.13 ADOPTION OF ORDINANCE This Ordinance shall be in full force and effect upon publication. All prior Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed. Section 2. This Ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL ON THE CITY OF SHOREWOOD this 8th day of December, 2008. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk MEMORANDUM TO: City Council FROM: Brian Heck, City Administrator DATE: December 8, 2008 SUBJECT: Staffing and Reorganization The Council requested that I evaluate the existing staffing of the city paying particular attention to the engineering department. In this evaluation, I surveyed other cities staffing levels, discussed staffing with individual department heads and with the department heads as a team, and considered what I feel are areas the City needs to allocate more resources. In considering the various options and in discussing the options with department heads, I attempted to keep the number of FTE's neutral. Present Staffin1l There are currently 22 employees filling 20.65 full-time equivalent hours working for the city. 10.70 FTE in public works; 3.8 FTE in administration; 1.32 FTE in engineering; 1.58 FTE in finance; and 3.25 FTE in planning and inspections. In addition to this complement of full-time staff, the city contracts with a group to work with parks on scheduling athletic facilities, WSB for project inspections and some design work that staff is unable to complete in house, with Techies for IT services, and some contract work to conduct building inspections as needed. The city also contracts with a cleaning service for custodial services at City Hall. Based on my review and discussions, I see a need to increase the attention and resources in the following areas: parks, solid waste and recycling, and website services. The following proposals outline my recommendation on adding resources to these areas while at the same time, maintaining or reducing the over all staffing allocation and keeping the current cost to provide these services at or below projections. 1-' -c=~' MEMORANDUM Proposal 1. I am proposing to expand the responsibilities of the Park Secretary to include more substantial day to day work such that this position serves as the main staff person to follow through with coordinating and implementing the recommendations of the Park Commission as approved by the City Council. I am also recommending the contract responsibilities of Community Recreation Resources be expanded to include coordination and liaison activities with the Park Commission. Community Rec. Resources has an excellent working relationship with the park commission, credibility with the athletic associations, and staff. Presently the City Engineer staffs the Park Commission and works to complete the direction of the Park Commission. Conducting the research, document drafting, and other general duties, takes time away from engineering services and can result in a delay of other projects such as road improvements, drainage issues, etc. This situation will not add any staff to the complement of employees at this time, but will provide an expansion of responsibilities for the park secretary and increase an existing contract for the additional hours for overall park coordination. If the recommendation is approved, I will meet with CRR to discuss the particulars of the expanded responsibilities and additional costs for service. I spoke to Twila and Kristi about this proposal and both are excited and willing to take on this program. 2. I am proposing to expand our communications efforts to include a greater presence and use of the Lake Minnetonka Cable Commission government channel programming. Presently we have a near half time communications coordinator mainly doing the newsletter and other promotional items for the city such as the resident guide. I recommend expanding the hours for this position to include working with the LMCC on programming options for the city, coordinating and taking the lead in promotional materials and informational brochures, and review of forms and other materials to ensure a uniform community image is maintained. In short, we can do a better job of marketing and highlighting all the wonderful things about Shorewood - our parks, trails, lake, recreation, etc. This position will also serve as the main back up for web maintenance. Additionally, I am recommending the Communication coordinator position also takes on the responsibility for overseeing and marketing the City's solid waste and recycling program. The major change in staffing is moving a part-time position to 3/4 3. I am recommending we invest more time and effort in presenting a greater array of services on the web including the ability to complete and pay for services, MEMORANDUM request services such as reporting a street light out, road kill, damages street sign, etc., and scheduling of various services and amenities such as building inspections or reserving a park shelter. In order to accomplish this, we need to expand the number of hours we have dedicated to web development, design and maintenance. Presently, we have an employee who puts in 8 hours per week of web maintenance. This time needs to be expanded to 16 to 24 hours per week. This work is completed by one of the part-time planning assistants and I am recommending taking four hours from the .2 planning assistant allotment and adding it to web design. There may be additional shifting of duties such that some processes are more efficient and thereby opening up additional hours for web maintenance and development activities. 4. The most difficult recommendation that I am making is to eliminate the position of Engineering Technician. I discussed this issue at length with the Public Works director and discussed the issue with the Engineer. The Technician position is tasked with completing design work for projects, preparing estimates for time and materials, conducting on-site inspections of the construction to ensure compliance with the specifications, and an array of mapping. The City currently contracts for inspection services and uses WSB to prepare design and technical specifications for lift stations and major road work (i.e. reconstruction). The design work completed in-house consists of seal-coating plans and specifications and paint striping. This aspect of design work and mapping consist of approximately 40% time. I believe with the potential for more major road projects in the next several years, we need to organize our operations to be as efficient as possible. In my view, contracting for the technician and inspections work will provide better turnaround for projects. The City Engineer will be able to work more efficiently as a project manager for road projects and focus more time and effort on drainage and water issues, especially since he will no longer be the liaison for parks. The one area not addressed in this document and in the recommendations deals with the ongoing maintenance of city facilities i.e. City Hall. As stated below we contract with an outside cleaning service to provide general cleaning services that includes trash and recycling removal and vacuuming and mopping. Staff raised concerns as to the quality of the work performed by the contractor. One suggestion was to employ a custodian rather than contract for this service. The problem is the care and maintenance of the facility does not require a frill or even part- time staff person. Another solution is to contract with a different party for these services. ORGANIZATIONAL CHANGE RECOMMENDATIONS In terms of organization reorganization, I am recommending the following alterations. 3 MEMORANDUM 1) Labor relations / Human resources functions are moved from finance to administration. 2) More involvement by administration and public works on risk management. 3) Department directors will be more involved in the budget process. I am not recommending any changes in reporting relationships at this time. We are going to make more use of teams and enhanced cross training as well as opening better lines of communication throughout the organization. The goal is to obtain greater input and ideas from staff on streamlining processes and improving overall service delivery with a focus on continuous improvement. CONCLUSION Should the City Council choose to accept the recommendations regarding staffing, new hours increase by .40 FTE with an off-set of 1.0 FTE for a net decrease in FTE of .60. The city FTE complement is shown below. Public Works 10.55 addition of .25 hours for recycling, reallocation of .30 hours for parks, reduction of .75 hours for a net reduction of .15 hours Engineering 1.02 a reduction of .25 hours Planning/inspection 3.15 reallocation of. 10 hours General Adm. 3.75 Addition of .15 hours Communications and reallocation of .3 hours to parks and reallocation of .10 hours for Web leaving a net reduction of .05 hours. Finance 1.58 no change TOTAL 20.05 total reduction of .60 FTE Additionally, we will increase the hours allocated and the contract amount for Community Recreation Resources and enter in to an agreement for consulting technician services at approximately 10 hrs a week. Based on 2009 compensation assumptions, this rearrangement of staffing will reduce expenditures through the elimination of one position by $76,000. The cost for the communications coordinator will increase approximately $29,000. The web maintenance and park staffing is a wash. The contract cost for engineering and park liaison activities is estimated to add an additional $47,000. These recommended changes are expected not to increase costs. 4 " The graphs depict typical monthly residential water utility bills for those municipalities who responded to the survey separated by Minneapolis / St. Paul Metro Area and State. The bills are based on 7,500 gallons per month. MINNEAPOLIS / ST. PAUL METRO U Maple Grove, MN $8.38 Water Fixed Charge Chaska, MN n $8.55 - Fridley, MN $9.75 ~ Water Volume Charge MN 3 Lakeville $10.11 Based on 7,500 Gallons , New Brighton, MN_ - --3 $10.56 Surface "later South St. Paul, MN $11.11 Ground Water Mounds View, MN $11.63 Both Surface and Plymouth, MN $11.81 Ground Water 0 5 10 15 20 25 30 35 40 Typical Monthly Residential Water Utility Bill *All or Partial Purchase Eagan, MN $11.95 Farmington, MN $12.25 Oakdale, MN $12.48 Dayton, MN - Area 2 $12.59 MN - Area 1 Da ton $12 59 y , . Brooklyn Park, MN $13.19 Minnetonka, MN $13.24 St. Louis Park, MN $13.70 Hastings, MN $14.23 Eden Prairie, MN $14.46 Ramsey MN $1634 , Burnsville, MN $16.83 Lino Lakes, MN $17.29 Forest Lake, MN $10.02 Bloomington, MN* - = ; 313.33 Falcon Heights, MN* $18.35 Mahtomedi, MN $19.43 Robbinsdale, MN Y 52033 West St. Paul, MN* I :.3 Saint Paul, MN* =a `-i20.43 Waconia, MN _ $22.47 _o.und, MN - -Shorewood, e _ - ° $23.36 " , $23.95 Prior Lake, MN $24.88 Victoria, MN - - $27.62 Minneapolis, MN ''0 Crystal, MN* .23 Golden Valley, MN* A.25 45 -'-1 MINNESOTA (Excluding Minneapolis f St. Paul Metro) Monticello, MN Rogers, MN Otsego, MN - Rochester, MN y-__-__-- Lake City, M --J Willmar, MN Albert Lea, N Elk Diver, Mid - - Austin, MN € - Fergus Falls, MN ~ - Brainerd, MN Waseca, MN " - Zimmerman, N Litchfield, MIN ' Alexandr€a,.I - - - Stewartville, N 1 Albertville, MN North Mankato, MN _ Buffalo, MN lAforthington, MN " - Marshall, MN - t~ St. Michael, MN Winona, MIN Bemidji, MN Duluth, MIS St. Cloud, NAiEtI - Grand Rapids, MN Hibbing, MN Little Falls, MN Baxter, NqN - Crookston, elf ! Fairmont, MIGE.1 Thief' River Falls, M. 9 - Glencoe, IIC ° Isanti, MN c - Redwood Falls, Nfl'! Mankato, MN ~ Red !Wing, N 1F Jordan, MN - - Moorhead, MN New Ulm, MN East Grand Forks, N - - 4 3 17.T 00 .7 Water Fined Charge Water Volume Charge Based on 7,500 Gallons 0 . a and Grounu vaLer ~r r 1-13 _ A3 2J - = .9 ,pq FP. ~ 0. p p - 43 77 =3 3 _..3 0 ,I $33,30 $"^.45 r,.0 .23 3,24 - `°.53 $3'.40 . . . 0 5 10 15 20 25 30 35 40 45 Typical Monthly Residential Water Bill Storm Water Rates CITY Lots LESS THAN 10,000 SQ. FT. Lots 10,000-50,000 SQ.FT. Lots 50,000 PLUS SQ.FT. Shorewood $10.59/qtr $15.12/qtr $19.68/qtr Minnetonka $15.00 $15.00 $15.00 Chanhassen $9.00 $9.00 $9.00 Victoria $11.00 $11.00 $11.00 Mound Residents per quarter Church/Schools per acre per quarter Apartments per acre per quarter $6.45 $40.68/$13.56 $32.56 Orono $9.75 $9.75 $9.75 Lon Lake $11.00 $11.00 $11.00 Dee haven $15.00 $15.00 $15.00 Excelsior 14.63 +10% 2009 $14.63 +10% 2009 $14.63 +10% 2009 Chaska $9.00 $9.00 $9.00 Wayzata 43,000 sq ft or less Over 43,000 sq ft $10.50 $10.50 + $3.50 per sq ft (.00006005 per sq ft) 1 F 411 ` `tom - The graphs depict typical monthly residential wastewater utility bills for those municipalities who responded to the survey separated by Mirmeapolis / St. Paul Metro Area and State. The hills are based on 7;500 gallons per month. MINNEAPOLIS J ST. PAUL f ,-,"l-, F 10 lop e ; U Victoria, MN : $8.66 Wastewater Fixed Bloomington, MN - $12.24 Charge Falcon Heights, MN - $16.00 Wastewater Volume Crystal, MN~ _---T- $15.03 Charge Based on 7,500 Ma le Grove MN $15 63 Gallons Eden Prairie, MN $17.08 Lino Lakes, MN $17.33 Eagan, MN $17.65 Dayton, MN -Area 2 $18.58 Farmington, MN $18.58 Brooklyn Park, MN $13.66 Golden Valley, MN amemm 618.70 West St. Paul, MN 618.78 Mound, MN $19.60 Minnetonka, MN $19.88 Mounds View, MN Mumma $20.09 Lakeville, MN $20.23 Ramsey, MN $20.77 Chaska, MN $21.15 Hastings, MN $21.38 New Brighton, MN $21.76 Burnsville, MN I 0= $22.33 St. Louis Park, MN $22.40 Fridley MN $22.58 , orewood, MN F t C $23.33 -6 i Oakdale, MN $23.53 Plymouth, MN $24.02 Minneapolis, MN $24.57 Robbinsdale, MN $25.62 P ' L k "Id (L-1-7.30 nor a e, D11-1 jo South St. Paul, MN $27.90 Mahtomedi, MN $30.74 Saint Paul, MN $30.98 I FA Waconia, MN 7momm $38.88 Dayton, MN -Area 1 $38.91 Forest Lake, MN FEENROM $39.58 0 10 20 30 40 50 60 ~A r k MINNESOTA (Excluding Minneapolis / St. Paul Metro) Thief River Falls, MN 0'6 Wastewater Fixed Crookston, MN $13.75 Charge St. Michael, MN $14.87 Albertville, MN y= $15.31 13 Wastewater Volume Rogers, MN $15.45 Charge Based on 7,500 Alexandria, MN*- $16.00 Gallons St. Cloud, MN $17.76 Non-Mecliamcal System Winona, MN 1 $18.46 Mechanical System Willmar, MN $18.87 Fast Grand Forks, MN $19.81 Monticello, MN- $21.96 Austin, MN $22.74 Grand Rapids,MN $22.98 Rochester, MN - : - $23.71 m Moorhead, MN $25.64 Stewartville, MN $25.80 Redwood Falls, MN _ -27.76 North Mankato, MN* $29.51 Hibbing, MN - $30.03 Marshall,MN $31.69 Brainerd, MN Lawn - $32.25 U Little Falls, MN $33.90 New Ulm, MN $34.13 Fairmont, MN $34.20 Litchfield, MN - $34.66 Albert Lea, MN - $34.81 Worthington, MN $35.22 Jordan, MN ---s $35.31 Fergus Falls, MN $35.58 Red Wing, MN w- $36.07 Elk River, MN $36.53 Mankato, MN $36.90 Baxter, MN* $37.20 Buffalo, MN $40.05 Bemidji, MN $40.43 Otsego, MN $40.50 Waseca, MN 1 ~ $41.94 Zimmerman, MN $42.00 Lake City, MN $44.69 Isanti, MN $46.24 Glencoe, MN $47.18 Duluth, MN* - $52.71 0 5 10 15 20 25 30 35 40 45 50 55 60 Typical Monthly Residential Wastewater Bill *Outsourced - The graphs depict typical monthly residential stormwater utility bills for those municipalities who responded to the survey separated by Minneapolis / St. Paul Metro Area and State. MINNEAPOLIS / ST. PAUL METRO Victoria, MN Saint Paul, MN Maple Grove, MN Lino Lakes, MN J Hastings, MN Forest Lake, MN Dayton, MN - Area 2 Dayton, MN - Area 1 Eden Prairie, MN $1.00 Fridley, MN $1.12 Oakdale, MN $1.67 Lakeville, MN $1.83 Brooklyn Park, MN $100 Mound, MN $2.16 South St. Paul, MN $2.50 Eagan, MN $2.62 Mounds View, MN $2.75 Ramsey, MN $2.86 U Prior Lake, MN $3.00 Farmington, MN $3.00 Chaska, MN $3.00 'west St. Paul, MN $3.08 Crystal, MN $3.10 Shorewood, MN $3.53 Mahtomedi, MN $3.72 St. Louis Park, MN $4.08 Robbinsdale, MN $4.35 Plymouth, MN $4.66 Bloomington, MN $4.73 Minnetonka, MN $4.80 a ;r e /fight®n, MN _ $4.89 5 1 Falcon Heights, MN $5.25 aconia, MN $5.37 Burnsville, MN $6.06 Golden Valley, MN $7.33 Minneapolis, PAN $10 0 1 2 3 4 5 6 7 8 9 10 11 Typical Monthly Residential Stormwater Utility Boll Q~~ I't MINNESOTA (Excluding Minneapolis / St. Paul Metro) Zimmerman, MN Victoria, MN Willmar, MN Waseca, MN Red Ming, MN Otsego, MN New Ulm, MN ~ Monticello, MN Litchfield, MN Elk River, MN Crookston, MN Bemidji, MN Albert Lea, MN Little Falls, MN $1.03 Stewartville, MN $1.20 Winona, MN $1.74 St. Michael, MN $2.00 Lake City, MN $2.00 St. Cloud, MN $2.10 Baxter, MN $2.10 Thief River Falls, MN $2.50 Austin, MN $2.50 Marshall, MN $2.74 Rochester, MN $3.00 Mankato, MN $3.00 Brainerd, MN $3.00 Alexandria, MN $3.00 Rogers, MN $3.15 Jordan, MN $3.15 ~ $3.20 Hibbing, MN North Mankato, MN $3.25 Fairmont, MN $3.33 Glencoe, MN $3.50 East Grand Forks, MN J $3.50 Albertville, MN $3.50 Worthington, MN $3.35 Fergus Falls, MN i $4.25 Moorhead, MN $4.50 Buffalo, Ml l $4.75 _ r Redwood Falls, MN $4.35 _-Grand Rapids, MN ~ $5.35 Duluth, MN $5.00 1 I I I I I 0 1 2 3 4 5 5 7 5 10 1 1 Typical Monthly Residential Stormwat r Utility Bill 1 Storm Water Rates CITY Lots LESS THAN 10,000 SQ. FT. Lots 10,000-50,000 SQ.FT. Lots 50,000 PLUS SQ.FT. Shorewood $10.59/qtr $15.12/qtr $19.68/qtr Minnetonka $15.00 $15.00 $15.00 Chanhassen $9.00 $9.00 $9.00 Victoria $11.00 $11.00 $11.00 Mound Residents per quarter Church/Schools per acre per quarter Apartments per acre per quarter $6.45 $40.68/$13.56 $32.56 Orono $9.75 $9.75 $9.75 Lon Lake $11.00 $11.00 $11.00 Dee haven $15.00 $15.00 $15.00 Excelsior 14.63 +10% 2009 $14.63 +10% 2009 $14.63 +10% 2009 Chaska $9.00 $9.00 $9.00 Wayzata 43,000 sq ft or less Over 43,000 sq ft $10.50 $10.50 + $3.50 per sq ft (.00006005 per sq ft)